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Delayed Insurance: Post-Crash Policy No Cover

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.

A motorist discovered the hard way that taking out an insurance policy hours after an accident won't cover the damages inflicted.

The lesson? Timing is crucial when it comes to insurance coverage.

On the afternoon of July 23rd of last year, a driver found himself in an unfortunate car accident, leaving his vehicle damaged and uninsured. Later that same day, he decided to purchase an insurance policy from Suncorp at 5:52 PM. However, his subsequent claim filed on August 16 was denied.

While the driver didn’t challenge the sequence of events, he argued that his certificate of insurance indicated a coverage period starting from July 23, 2023, to the same date in 2024, suggesting the coverage backdated to the beginning of the day he bought the policy.

The Australian Financial Complaints Authority (AFCA) addressed this dispute, clearly stating that the driver’s assumption was “unreasonable.” According to the AFCA, the policy explicitly covered only the period after the insurance policy was initiated by the policyholder.

"Though the policy lacks a specified start time," the authority’s adjudicator remarked, "it is illogical to consider that coverage starts at 12:01 AM on the day of purchase. Coverage cannot extend retrospectively to incidents occurring before the policyholder has arranged the insurance."

The decision underscored the insurer’s intent: the policy was to become effective post-purchase and not retroactively. Suncorp also highlighted that there had been a misrepresentation when the vehicle’s condition was declared during the application process, pointing out existing damages to the door and front passenger seat that were unaccounted for.

This case illustrates an essential principle for all insurance seekers: Coverage begins once the policy is active. In a previous review related to this issue, the adjudicator referenced a similar stance adopted by another insurance firm.

Ensure all current damages are accurately reported before applying for a policy.
Understand that purchasing a policy after an incident does not cover prior damages.

This ruling reinforces the importance of having active insurance coverage at all times. Any gaps in coverage can lead to significant financial implications, as demonstrated by this driver’s unfortunate experience. Make sure to verify all terms and conditions for clarity on policy start times to avoid such dilemmas.

Published:Tuesday, 21st May 2024
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

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Knowledgebase

Subrogation:
An insurance carrier may reserve the "right of subrogation" in the event of a loss. This means that the company may choose to take action to recover the amount of a claim paid to a covered insured if the loss was caused by a third party.

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