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.
CHU, Australia's leading strata insurance underwriting agency, has recently launched an upgraded residential strata insurance policy aimed at providing more comprehensive protection for property owners and strata communities. This initiative underscores CHU's commitment to evolving with the needs of its customers by simplifying insurance processes and enhancing community resilience. - read more
The Insurance Council of Australia (ICA) has recently called for significant reforms to Victoria's strata legislation, highlighting a direct correlation between inadequate governance and escalating insurance premiums for residents. With approximately one in five Victorians residing in strata-titled properties, the need for effective management and oversight has become increasingly critical. - read more
The New South Wales (NSW) government has introduced a new tranche of strata reforms aimed at enhancing the maintenance and safety of apartment buildings across the state. A key component of these reforms is the proposal to grant NSW Fair Trading the authority to enter any apartment building without a warrant if there are reasonable grounds to believe that the owners corporation is failing to maintain common property adequately. - read more
In the 2024-25 financial year, Australia's general insurance sector achieved a remarkable return on equity (ROE) of 19%, marking the highest profitability in a decade. This exceptional performance was driven by robust underwriting results, substantial investment returns, and a period of relatively mild natural disaster activity. However, industry experts caution that such elevated earnings are unlikely to persist. - read more
In the fourth quarter of 2025, Australia's commercial insurance sector experienced a notable 12% decline in rates, marking the most substantial reduction among the eight regions monitored by Marsh Risk's Global Insurance Market Index. This decrease follows an 11% drop in the preceding quarter, indicating a sustained trend of rate reductions in the Australian market. - read more
For Australian farmers, every day presents a complex web of activities that demand not only their physical toil but also a keen attention towards safety. On-farm safety is paramount and is the shield that guards the well-being of both workers and operations in Australia's diverse agricultural landscape. It's not just about the immediate repercussions of accidents, but also their long-term impact on a farm's viability. - 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 discussion on farm insurance, a vital aspect for anyone involved in agriculture. Whether you run a smallholding or manage extensive agricultural operations, understanding your insurance coverage can make all the difference in safeguarding your livelihood. - 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
Welcome to our discussion on farm insurance, a crucial subject for every Australian farmer. Whether you're seasoned in agricultural ventures or just starting out, the world of insurance can often seem daunting and complex. - read more
Knowledgebase
Elimination Period: The time period between an injury and the receipt of benefit payments from an insurer, particularly in disability insurance.
