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Car owner loses payout bid after husband’s crash

A car owner who claimed for an accident that happened when her husband was using the vehicle will not receive a payout after her insurer found the man was not listed as a driver on her policy.  

The total loss claim was rejected last May by Auto & General, which said its cover excluded losses arising from vehicle use by “any household member who is not listed on this policy”.  

The claimant said her husband had recently started using the Kia Carnival after leaving his job for health reasons and losing access to his work vehicle.

Auto & General acknowledged the circumstances and, as a gesture of goodwill, considered adding the husband to the policy and assessing the claim further.  

However, it said the man’s driving history – including a licence suspension of more than six months within the previous five years – would make him an unacceptable risk under its underwriting guidelines.  

The claimant said her husband had successfully applied for a policy online, including disclosing his driving history, and she provided the Australian Financial Complaints Authority with screenshots from the insurer’s website as evidence.  

But in its dispute ruling, the authority cast doubts on this, noting the screenshots did not show a completed application process or whether the man’s information had been accurately entered.  

“I am satisfied the insurer has shown that even if the complainant had tried to add [her husband] to the policy, which she did not, at inception or any time prior to the date of loss, this would not have been possible,” an AFCA ombudsman said.

“The insurer would have declined to add [him] to the policy and there is no discretion in the guidelines to consider otherwise.”  

See the ruling here.