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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5367
Experience:  Dip Law LPAB - Sydney based lawyer
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I put in a claim stating i was the driver of a car in the

Customer Question

I put in a claim stating i was the driver of a car in the accident as that is what my son and the other driver agreed given he was not covered by insurance. She then said he was the driver and i am very stressed. At the time of lodging this claim i was on 2 weeks stress leave suffering from anxiety and burnout following a marriage collapse and busy job
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Unfortunately insrurance contracts are contracts of good faith and if you are found to have deliberately misled and insurer they can deny your claim and cancel your policy. The following section of the Insurance Contracts Act, and case should explain:

http://www.austlii.edu.au/au/legis/cth/consol_act/ica1984220/s13.html

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSCA/2001/48.html

It is also theoretically possible that what you have tried to do amounts to attempted fraud under the crimes Act:

http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s192e.html

For these reasons I would strongly recommend that you consider withdrawing the claim as if you do so it is possible the insurer won't bother to refer the matter to the police or even take action in relation to your policy. Claims officers are often too busy to bother with matters that ultimately won't affect their bot***** *****ne. However, if the insurer does refer the matter to the police and they approach you about the matter, I would strongly recommend you engage a criminal lawyer to assist you before agreeing to be interviewed or agreeing to let your son be interviewed.

I appreciate this may not be the answer you were hoping for, but it does reflect the reality of your situation.

Good luck and PLEASE rate my answer.

Patrick