WA How to Prove Ignorance to Travel Insurance?

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4 August 2016
In a situation where a close relative was diagnosed with a serious medical condition with a poor prognosis. As a result I had to cancel a long planned holiday that was due to depart 2 months after the relatives diagnosis.

The travel insurance policy was taken out 8 months prior to departure, just before full balance of the holiday was paid.

The pds covers cancellation due to a close relative falling seriously ill. So i cancelled our holiday and put in a claim.

I am now in a situation where the insurance company gained access to the relatives medical notes and has told me the relative was supposed to have tests last year but never did. As a result the claim was declined.

The pds continually uses phrases such as "that you knew about" and "you are aware of..". Since we did not know about the close relative needing tests last year, we feel really frustrated.

The insurance company is saying I basically now need to prove i didn't know about this last year. How on earth can i prove this? I don't see why words such as know and aware are in the pds if there is an unrealistic expectation to prove it. I don't record all conversations with family members (obviously). I wouldn't have paid the balance of the holiday in full if I had known. Do i need to do a lie detector test? It's all so ridiculous and large sum of money at this difficult time as I am already very upset about the relatives condition deterioting.

I don't really see the point of insurance if my complete legitimate claim can still be weasled out if by the insurance company. Can anyone offer any advice, am I really stuffed?

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
Ballarat, Victoria

You could get statutory declarations or even affidavits from relevant family members who could all swear or declare they didn't tell you the relative needed tests, as well as a statutory declaration or affidavit from the family themselves. And do a stat dec or affidavit yourself. In the end, there is no other proof really, apart from oral evidence in a court.

Hope that helps. Good luck.