Thursday, Jan 07, 2010 at 23:26
There is a clause in the Commonwealth Insurance Act that basically says that if an insurer refuses to pay a claim based on anything that did not contribute to the claim, then they are breaking the law. This has been tested many times and the insurers have lost. I read this in a Trade Magazine at the motor vehicle dealership I was working at.
One of the
test cases was an insurance company refusing to pay on a claim because the driver had higher than the legal limit of blood alcohol at the time of the crash. They lost because the claimant successfully argued that regardless of his blood alcohol reading, the accident was not caused by any fault on his behalf. The insurer lost and had costs awarded against them.
The article cited many scenarios and a modified vehicle was amongst them. the fact that the mod was subject to non-disclosure did not alter the fact that the mod did not cause the accident. Again, the insurer lost.
The moral is, don't take a refusal by an insurer as the end of the road if you've been in an accident. Fight the bastards.
I'll get in touch with the mob I worked for and see if the magazine is still in the smoko room. If so, I'll get more details of the exact wording of that clause.
Cheers
Russ
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