Allianz's Payout Reduction Approved in Car Claim Dispute
Allianz's Payout Reduction Approved in Car Claim Dispute
5
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owner argued that he made an "innocent misrepresentation" because the insurer’s website provided a model with an outdated engine when he searched using his car's registration.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.
In 2024, Australia's insurance industry reported an after-tax profit of $6.1 billion, a figure that is three times higher than the five-year average of $2 billion. This substantial increase is attributed to a combination of factors, including significant premium hikes and a reduction in severe weather events. - read more
Many Australian consumers are experiencing substantial increases in their insurance premiums, often without clear explanations from their providers. Reports indicate that some policyholders have faced premium hikes of 30% to 50%, with instances of increases reaching several hundred percent. - read more
Homeowners in Northern Australia are encountering rising insurance premiums, despite the establishment of a cyclone reinsurance pool intended to reduce costs. The Australian Competition and Consumer Commission (ACCC) reports that median home and contents premiums in the Northern Territory increased by 11% during 2023. - read more
Preventing injuries in the workplace is essential for ensuring the safety and well-being of employees. It also plays a critical role in maintaining a productive and efficient working environment. When workers are safe, they are more likely to remain healthy, motivated, and engaged with their tasks. - read more
Running a small trade business in Australia involves various risks, from accidental property damage to unexpected injuries on the job. These unforeseen events can lead to significant financial losses, which might be challenging for smaller enterprises to absorb. That's where comprehensive insurance comes into play. - read more
As a tradesperson, having comprehensive insurance coverage is crucial. Whether you are a carpenter, electrician, plumber, or any other trades professional, the nature of your work exposes you to various risks. Insurance not only protects you but also your clients and your business. - read more
Knowledgebase
Trauma Insurance: An insurance that pays a lump-sum amount on the diagnosis of one of several critical illnesses or events
