An insurer acted reasonably when it decided a Maserati driver caused a collision with a truck last year, the industry ombudsman has ruled.

Prevail Insurance accepted a claim lodged by the driver’s broker the day after the crash on February 11 last year.

It declared the 2014 Maserati GranTurismo – insured for $120,000 – a total loss and said the driver was at fault based on his account of driving through a red light and hitting the truck.

But the driver disagreed that he caused the crash and should therefore pay an excess. He changed his version of what happened, telling his broker weeks later that it was another driver in a Mazda 3 who ran the red light. He said he swerved to avoid the Mazda and collided with the truck.

Prevail contacted the truck driver, who said the Maserati ran the red light. The truck driver made no mention of another vehicle being involved.

The Australian Financial Complaints Authority says the truck driver’s evidence matches the Maserati driver’s original account, and with no “independent evidence” to support the later version of events, the insurer acted within the terms of its comprehensive motor policy.

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The policy gives the insurer “discretion on fault” unless the claimant can show a third party was to blame, the authority says.

AFCA’s adjudicator says the claimant’s five-week delay in flagging his second account of the crash is significant.

“If another vehicle caused the accident, one would expect this to be mentioned at lodgement or very shortly after. There are no witnesses, no dashcam footage, and no police report supporting the complainant’s later account.

“The complainant bears the onus of showing a third party was at fault to avoid the excess. I am not satisfied he has done so.

“The only support for his later version is his own assertion, made weeks after lodgement, which conflicts with both the original record and the third party’s account.”

See the ruling here.

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