Unsecure Vehicle Leads to Rejected Insurance Claim

0

According to a ruling from the Australian Financial Complaints Authority (AFCA), Auto & General Services rejected the claim on the grounds that the owner left the car unlocked and unattended with keys inside. This incident underscores the importance of basic security measures in protecting one's assets.

The car owner had parked at his parents’ home for a morning visit. Despite conceding the car was left unlocked with the keys, he contested that it wasn't unattended. He explained that he, along with friends and family, had a view of the vehicle from inside the house where they were watching a basketball game. Additionally, he argued that his sister-in-law was outside near the vehicle’s parking spot.

Contrary to these claims, the insurer pointed out that it took more than 45 minutes for the theft to be noticed. They also found that the sister-in-law was not present in the garden when the theft occurred. The AFCA sided with the insurer, stating that the individuals inside were "not looking at, or paying attention to, what was happening outside, but rather were watching basketball and chatting."

AFCA emphasized that the insurance policy specifically required the vehicle not to be left unsecured and unattended "for any time period." This condition was breached, they noted, since reasonable efforts to safeguard the car were not taken.

The complainant further argued that with modern technology, the car could have been stolen even without the keys inside. However, the authority rebutted, indicating that the vehicle became "an easier target for theft than one which is secured." An AFCA ombudsman observed, “I am satisfied that leaving the key in the car while unattended can reasonably be regarded as being capable of causing or contributing to the theft.”

This case sheds light on the essential, yet often overlooked, practice of securing one's vehicle at all times. While sophisticated methods to steal vehicles do exist, minimum precautions like locking and removing keys make a significant difference in deterring theft. By neglecting these steps, car owners increase the risk their vehicles could be an attractive target for opportunistic thieves.

The original report from Insurance News conveys the message that car insurance policies obligate policyholders to actively secure their vehicles. This ensures that in the unfortunate event of theft, insurance protection is not compromised by preventable lapses.

Published:Thursday, 31st Oct 2024
Source: Paige Estritori

Share this news item:

Insurance News

Clear

Impact of Trump Tariffs on Global Insurance Industry 11 Jul 2025: Paige Estritori According to Swiss Re’s latest Sigma report, the growth of property and casualty premiums is moderating in both Australia and globally. This moderation is primarily driven by a slowdown in rate hikes. Additionally, the Trump administration's America First trade policy is putting further pressure on the insurance sector. - read more

Navigating Changes in Australia's Life Insurance Advice Landscape 10 Jul 2025: Paige Estritori The conversation on the shifting dynamics in Australia's life insurance advice sector featured Zurich Australia's head of adviser channel, Kieran Forde, and Hayes & Co director, Katherine Hayes. They engaged with editor Chris Dastoor to spotlight the current market conditions and future prospects for financial advisers in this domain. - read more

ASIC Challenges Federal Court's 'Fair Term' Ruling 09 Jul 2025: Paige Estritori The Australian Securities and Investments Commission (ASIC) is appealing a Federal Court decision regarding the wording of a 'pre-existing condition' clause in certain HCF Life insurance products. The court previously determined that while the wording had the potential to mislead consumers, it did not constitute an unfair contract term under the current laws set out in the ASIC Act 2001. - read more

ICA Advocates for Strata Law Reform in the ACT to Enhance Building Management 08 Jul 2025: Paige Estritori The Insurance Council of Australia (ICA) is urging the Australian Capital Territory (ACT) to adopt strata transparency regulations, aiming to enhance oversight of building repairs and maintenance by owners’ committees. This call was made during a parliamentary inquiry, where the ICA pushed for measures akin to recent legislative changes in New South Wales. - read more

Tasmanian Government Insurance Proposal Faces Industry Backlash 07 Jul 2025: Paige Estritori The Tasmanian government's recent proposal to establish a state-run insurance entity has drawn significant criticism from key players in the insurance industry. The plan, spearheaded by Premier Jeremy Rockliff, aims to expand the Motor Accidents Insurance Board into a broader service named TasInsure, offering products including home and contents insurance, small business coverage, and more. The RACT, a major player in Tasmania's insurance sector, expressed considerable concern, labelling the initiative as a simplistic answer to complex problems. - read more