Insurers Ordered to Compensate Despite Theft Claim Doubts
Insurers Ordered to Compensate Despite Theft Claim Doubts
The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.
The Australian Financial Complaints Authority (AFCA) has mandated that Insurance Manufacturers of Australia compensate a claimant whose car was stolen while it was parked at a friend's residence.
The policyholder filed a claim two days after her vehicle was reported stolen on March 23, 2022. She recounted purchasing the car from a friend, who is a certified motor mechanic, and leaving it at their house for servicing.
Insurance Manufacturers of Australia had raised numerous concerns about the circumstances surrounding the theft. These included a lack of proof of purchase and incomplete information about the vehicle's service history. The car was insured despite the new owner not driving it, which also raised suspicions. In addition, the friend did not cooperate with the insurer’s inquiries.
AFCA responded by stating that it is common for individuals to not have a purchase receipt when buying a vehicle privately. They accepted the bank statements showing a $35,000 transaction labeled "AA-Van" as adequate evidence of payment. They also acknowledged that service history details may have been in the vehicle at the time of theft.
The ruling emphasized that purchasing insurance was logical as it included coverage for non-driving events such as theft. While cooperation from the mechanic friend would have aided the investigation, it was not deemed a sufficient reason to reject the claim.
Concerns were also raised by the insurer about why the car remained with the friend for over nine months and inconsistencies in the car’s documented compliance and build dates. AFCA found no definitive reason for the extended storage but accepted explanations, such as Melbourne's lockdown and the complainant’s husband's health issues, as plausible.
The authority acknowledged a confusing situation regarding date inconsistencies but noted that the vehicle identification number (VIN) was consistent across documentation, thus confirming ownership and associated loss.
“Although it seems unlikely that a certified motor vehicle tester would make an error in the build date, it’s not an implausible mistake to make,” commented AFCA’s adjudicator.
Given all evidence, AFCA concluded that the complainant should be recognized as the owner who suffered a financial loss, and they instructed Insurance Manufacturers of Australia to accept the claim and process the payout.
For more details on the original case and ruling, refer to the Australian Financial Complaints Authority’s documentation.
Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.
A recent travel insurance dispute reported by Insurance News has put a spotlight on one of the most important parts of any cancellation claim: timing. The case involved a policyholder who argued that a doctor’s declaration that he could not travel overseas was the relevant claimable event, rather than the earlier appearance of illness. The policyholder was successful, reinforcing that the way a medical issue is documented can be just as important as the condition itself. - read more
Australia’s general insurance sector appears to be moving closer to a major update to the General Insurance Code of Practice, with Financial Services Minister Daniel Mulino signalling that the long-running review should make visible progress soon. For real estate agencies, this is worth watching closely because the code influences how many insurers communicate, manage claims and resolve disputes. - read more
Australia’s general insurance sector is edging closer to a significant reset of its customer service rulebook, with Financial Services Minister Daniel Mulino indicating he wants meaningful progress on the long-running review of the General Insurance Code of Practice. A draft of the revised code is expected to move towards consultation shortly, following a review process that began in November 2023 and produced more than 100 recommendations in late 2024. - read more
Victoria’s strata reform agenda has taken another important turn, with consumer advocates continuing to push for a ban on insurance-related commissions paid to owners corporation managers after the state government chose to defer immediate action on the issue. - read more
Australian tradies could soon see an important shift in how general insurers are expected to communicate, manage claims and resolve disputes, with the industry’s General Insurance Code of Practice moving closer to a major rewrite. - read more
Welcome to the world of farm insurance, where no two policies are the same, just as no two farms mirror each other in operations and risks. As a farmer, you are acutely aware that your agricultural endeavors bring a unique set of challenges and needs. Recognizing this diversity is the first step in protecting your livelihood. - read more
In the ever-unpredictable world of farming, crop insurance emerges as a pivotal ally for farmers, hedging against the myriad of risks that come with cultivating the land. As the first step to understanding this crucial safeguard, let's unfold the question: What is crop insurance, exactly? In essence, crop insurance is a type of cover designed to cushion farmers from financial losses due to unavoidable circumstances such as adverse weather conditions, pests, disease, or even market fluctuations. - read more
Welcome to our detailed guide on comparing insurance policies for seasonal farming risks. If you're a rural farm owner, you understand the unique challenges that come with each season. This article aims to help you find the best coverage to protect your livelihood. - read more
As a rural farmer, protecting your livelihood should be a top priority. Farm insurance is crucial because it safeguards your investment and income against unforeseen events such as natural disasters, accidents, and theft. - read more
Welcome to our comprehensive guide on comparing insurance options for mixed farming. As a rural farm owner, you face unique challenges that require specialized insurance coverage to protect your livelihood. - read more
Knowledgebase
Public Liability Insurance: A very broad term for insurance covering liability exposures for individuals and business owners. It provides broad coverage, generally including all exposures for property damage and bodily injury.
No comments yet. Be the first to share your thoughts.