My son who is 18 years of age was driving my vehicle and met with an accident. The vehicle was insured with only me as

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Customer: My son who is 18 years of age was driving my vehicle and met with an accident. The vehicle was insured with only me as the driver and did not include my son as the driver in the insurance policy. My son rarely used this vehicle for delivery. The delivery business had an insurance for my vehicle while my son was using it for the delivery business.
When I lodged a claim with my insurer there was a column where I was asked if the vehicle was ever used for business purpose and I ticked yes. Now my insurance company is not honouring my claim and says that since I had not mentioned the use of the vehicle for delivery purpose while insuring my claim cannot be honoured.
I need advice on this matter
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: Otago
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by Chris The Lawyer in 28 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Was your son using the car for delivery when the accident happened? If that was the case then the insurance company can refuse to cover the claim as that is excluded in the policy

Customer
No he was not using for delivery at the time of accident
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Chris The Lawyer, Expert

If that is the case then the insurance company should cover but with the relevant excess for a diver of his age
Customer
I am ok with the excess. The insurance company was told that he was not using the car for delivery at the time of accident but they say that since his name was not included in the drivers list(with insurance) and since I had not mentioned the car was also used for delivery the claim is refused. They say that if I had to include my son as driver and if the car was used for delivery then the premium would be higher.
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Chris The Lawyer, Expert

They may have a point, but you can ask them to take the dispute to their internal disputes team and if they don’t change the decision you can review this through the insurance ombudsm

Customer
what are my chances of winning the claim
Customer
by taking the case through internal disputes team and if they don’t change the decision reviewing this through the insurance ombudsm?
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Chris The Lawyer, Expert

I see some issues about disclosure of the commercial use for the delivery and not including your son as a named driver. But it doesn’t cost anything to take those steps and you don’t need a lawyer to do this

Customer
The insurance company is not taking any initiative to move the case to internal disputes team. I have been emailing them but they dont respond. When I call up they pick up and tell that they will email. But they dont email. Because of this the case is not moving forward to dispiutes team. How do I handle this delay. Its frustrating
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Chris The Lawyer, Expert

Go direct to the ombudsman and say the insurance company is being diffic

Customer
If ombudsman declines my claim, then I will have mention that 'my claim was declined' when I enroll for any insurance from then onwards. Does that mean I will have to pay more than normal insurance premium in the future becuase my claim was declined in the past?
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Chris The Lawyer, Expert

You will need to say your insurance company declined a claim but will not need to say that the ombudsman declined the review

Customer
I have emailed the insurance company again and again to know what answers they got form their internal disputes team but the insurance company is not answering my emails. Please davice what my next actions should be. Should I call them? Should I tell tehm that I will be going to the ombudsman. If I have to go to the ombudsman what is the best method?
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Chris The Lawyer, Expert

You need to contact the ombudsman and tell them the insurance company has refused to look at the dispute

Customer
To be clear, you are saying that I should contact the ombudsman directly tomorrow and there is no need to communicate with the insurance company anymore.
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Chris The Lawyer, Expert

Tell them the insurance company is refusing to respond so you have no option

Customer
Thank you. I will do as you say.
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Chris The Lawyer, Expert

Ok

Customer
what is best way to contact the ombudsman? Can you please provide me with the contact details of the ombudsman. Thanks in advance.
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Chris The Lawyer, Expert

At this site

https://www.ifso.nz

Customer
thank you. I will do that and I will let you know the progress
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Chris The Lawyer, Expert

Ok

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