Insurance Dilemma: Ignored Occupation Costs Claimant His Compensation

2

The incident unfolded when the Uber driver was involved in a rear-end collision last November, reportedly while attempting to recover a fallen phone during a delivery run. At the heart of the controversy was the failure to disclose the use of his vehicle for commercial purposes at the time of renewing his insurance policy.

Auto & General Services, the insurer in question, turned down the claim. The company's policy specifically excludes coverage for cars used in delivery services, and any misrepresentation about vehicle usage at the policy renewal stage is grounds for claim denial. This case adds to the growing number of insurance disputes over non-disclosure during policy terms.

The driver attempted to rectify his initial crash statement by claiming he was collecting food for personal consumption at the time of the accident, contradicting his original claim, which stated he was making a food delivery. However, the Australian Financial Complaints Authority (AFCA) was not swayed.

During the investigation, AFCA cited multiple recorded conversations where the driver mentioned delivering food, thus casting doubt on his subsequent clarification. A pivotal detail was uncovered showing that another vehicle was registered on the driver's Uber Eats profile, but AFCA maintained that the statements made in the immediate aftermath of the crash held more weight in decision making.

This scenario underscores the devastation ignorance or miscommunication can cause during the critical moments of policy renewal. Before beginning his job as a delivery driver, the claimant was found not to have deceived the insurer. Nevertheless, upon commencing the job, failing to inform the insurer of the vehicle's use led directly to the policy breach.

AFCA concluded that had Auto & General Services been made aware of the change in the vehicle's purpose, they would have revoked the man's policy altogether, thus justifying claim rejection. According to AFCA, "The product disclosure statement clearly and unambiguously states that carrying or delivering other people's goods for payment is never covered." They confirmed the complainant had access to the policy papers and neglected to inform the insurer about the change, effectively sealing the decision.

The Financial Review cites this case as an exemplar of how minor oversights during insurance disclosure stages can result in significant financial repercussions. It expands the ongoing discourse on transparency between policyholders and providers, urging consumers to regularly review and update their insurance purposes to align with their new ventures.

This incident serves as a pertinent reminder for anyone considering turning their personal vehicles into commercial vehicles: honest communication with insurers is not just advisable; it is imperative.

Published:Friday, 8th Nov 2024
Source: Paige Estritori

Share this news item:

Insurance News

Clear

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

Asbestos Scare Leaves Hospitality Business Uninsured 04 Jul 2025: Paige Estritori The discovery of asbestos-contaminated mulch in a Sydney park led to the cancellation of a festival, resulting in significant financial losses for a hospitality business. Despite these setbacks, the company's claim for coverage under its business interruption (BI) policy was rejected. - read more