Insurance Claim Denied due to failure to comply with Duty of Disclosure

Discussion in 'Insurance Law Forum' started by ijuanda, 7 January 2020.

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  1. ijuanda

    ijuanda Member

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    Insurer: Allianz via Kia Insurance

    My wife was involved in a 2 car accident in September 2019. It was determined she was not at fault and the other driver was 100% at fault.

    We lodged a claim with our insurer.

    Our insurance policy was renewed automatically in June 2019 for the second year. In February of 2019 i returned to Queensland after living in Canberra for 2 years. Upon return and changing my licence over my licence was suspended for 3 months due to previous infringements from 2014-2016 when i had a qld licence.

    The insurance company have denied the insurance claim due to a failure to disclose a loss of licence. They have cited that the insurance policy would not have been renewed if the correct information was given. My insurance policy has now been cancelled

    The research i have done into this supports their reasoning.

    My question is how do i approach from the other side? That being as a driver completely not at fault how do i enforce the repairs to be done by the at-fault drivers insurance company.

    Can anybody please assist with advice. Happy to engage legal help if required should a positive outcome be known
     
  2. Zerojay

    Zerojay Well-Known Member

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    Fastest way to have this resolved is to obtain the other driver’s insurance details including claim number and then phone this insurer. Request they send you an email confirming acceptance of liability for your damage and also set out their requirements and procedure to be followed. You should also be entitled to claim the cost of a hire car whilst your car is off the road so ask them to also confirm cover for this and any conditions applicable.

    I do not give legal advice, just my opinion based on working for an insurance company for over 20 years.

    I am curious. Did your insurance renewal ask any specific questions about driver history which you answered incorrectly?
     
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