Allianz's Payout Reduction Approved in Car Claim Dispute

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.

In a landmark decision, the Australian Financial Complaints Authority has ruled in favor of Allianz, allowing the insurer to significantly reduce its payout for a car damage claim due to a misdescribed vehicle model.

The case involves a claimant who purchased a 2013 Range Rover Dynamic for $41,750 from a private seller on June 2nd of the previous year. Tragically, the vehicle caught fire and was deemed a total loss on the same day he picked it up.

Believing his new car was covered, the man submitted a claim to Allianz for the agreed value of $105,950, under a policy initiated the day of the incident. Initially, Allianz seemed to agree to the settlement amount; however, an investigation revealed a discrepancy in the model description.

The claimant had listed his vehicle as the more luxurious and costly 2013 Range Rover Autobiography MY14.5 model when, in fact, it was a Range Rover Dynamic. This misdescription resulted in an overinflated insured value.

As a result, Allianz recalculated the vehicle's worth and offered to settle the claim for a revised value of $66,630. After deducting remaining premiums and excess, the final payout amounted to $58,979.

The vehicle owner argued that he made an "innocent misrepresentation" because the insurer’s website provided a model with an outdated engine when he searched using his car's registration. He claimed he selected the Autobiography MY14.5 model since it had a similar engine type.

"I opted for the only model with my engine type and MY14.5 badging," the man explained to the complaints authority. "The website's labeling was incorrect and misled me."

The Australian Financial Complaints Authority concluded that while the policyholder's situation was understandable, it did not excuse the inaccurate car description, which breached policy terms.

"I acknowledge the complainant's challenge in finding his exact car model on the insurer's online policy platform," an AFCA ombudsman commented. "However, this does not justify misrepresenting the car's specification."

The AFCA stressed the importance of accurate car descriptions in insurance agreements, advising policyholders to make additional inquiries if unable to find the right model online.

This ruling reinforces Allianz's right to adjust the settlement based on a common law precedent, affirming the fairness of the insurer’s reduced offer. The case highlights the critical nature of precise data input when setting up insurance policies.

For further insights, the original article can be found on the Australian Financial Complaints Authority's website.

Published:Thursday, 5th Sep 2024
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

No news available under the category: insurance.

Life Insurance Articles

Common Pitfalls in Income Insurance Claims and How to Avoid Them

Income insurance is a critical component of financial planning, offering a safety net when life's uncertainties impact your income stream. It ensures that you can continue meeting your financial obligations even if you're unable to work due to illness or injury. This peace of mind is invaluable, especially in an unpredictable job market. - read more

Income Protection Insurance: A Must-Have for Australian Adults

Insurance is a crucial component of financial planning. While many Australians understand the importance of life insurance, there's another vital type of coverage that often gets overlooked: income protection insurance. - read more

Preparing for the Unexpected: Why Income Protection is Essential for Financial Security

Life's unpredictability can often bring unforeseen challenges, particularly when it comes to our finances. One day you might be climbing the career ladder, the next you could find yourself unable to work due to illness or injury. This is where income protection insurance steps in, serving as a financial safety net that ensures you can continue to meet your living expenses, even when the unexpected happens. - read more

How Pre-Existing Conditions Affect Your Income Protection Insurance Options

Income protection insurance is a type of insurance policy designed to provide you with a continuous flow of income in case you are unable to work due to illness or injury. It's a safety net that helps ensure you can maintain your standard of living, even when unforeseen health issues arise. - read more

Breaking Down Common Income Protection Insurance Terms

Income protection insurance is designed to provide financial support if you're unable to work due to illness or injury. It aims to replace a portion of your income during such times, ensuring you can maintain your lifestyle and meet financial obligations. - read more

Start Here !

Apply now for your free Insurance assessment and price comparisons!

This website is owned and operated by Clark Family Pty Ltd (ACN 010 281 008) as Trustee for the Clark Family Trust (ABN 35 957 893 714), 43 Larch Street Tallebudgera QLD 4228. Clark Family Pty Ltd is an Authorised Representative (AR 1298860) of Unique Group Broker Services Pty Ltd (AFSL 509434) for financial product referrals and an Authorised Credit Representative (ACR 401491) of Saccasan Pty Ltd (ACL 386297). Check our licensing details on the ASIC registers: Clark Family Pty Ltd ACR, Clark Family Pty Ltd AR, Saccasan Pty Ltd, Unique Group Broker Services.

IMPORTANT: We do not provide financial product advice or credit assistance. We act solely as an introducer and refer enquiries to licensed third-party intermediaries, insurers, and lenders - with whom you can then deal directly. We may receive a fee or commission from these third parties in consideration for the referral. Before any action is taken to obtain a product or service referred to by this website, advice should be obtained (from either the third party to whom we refer you or from another qualified intermediary) as to the appropriateness of obtaining those products having regard to your objectives, financial situation and needs. Whilst we have our own process for validating the legitimacy of our referral partners, you should always verify the credentials of your financial adviser before proceeding with recommendations that they may present. Visit the ASIC website for further information.