A leak, Merc & $27k fight
Roadside toilet stop sparks insurance row
A GOLD COAST man has won a battle with insurance giant Allianz sparked when he wrote off his Mercedes during a mountain pee break.
Pepe Licardo said he was driving on Mount Tamborine on November 2 last year when he was suddenly caught short and pulled over to relieve himself.
“I was busting for the toilet. Got out of my vehicle, really busting,” Mr Licardo said.
“It was dark and I didn’t really know where I was.
“As I’ve got out of the car the car’s rolled down the hill into an embankment. Total write-off.”
Mr Licardo said the car rolled because he had failed to properly engage the footbrake in his haste to exit the vehicle, which he had insured for $27,500.
“With this model Mercedes Benz, where the handbrake is, it’s your footbrake, and that’s where the issue is. If it’s a normal handbrake I would have activated it,” he said.
“But the footbrake, I’m pushing away as I’m getting out. I thought I put it on, but I’m exiting as I did it because I’m about to piss myself everywhere.
“I thought I put it on but I’m busting to get out, I’m literally exiting my car like there was a bloody snake in there.”
Mr Licardo said he called police but they “laughed at me on the telephone” and declined to attend. He called a friend to pick him up and a towie came to recover his vehicle.
His car was assessed as a write-off due to the estimated cost of repairs, but insurer Allianz denied his claim, writing to him that they believed it to be “fraudulent”.
The insurer cited a forensics report they commissioned that said the footbrake was in good working condition and it was “atypical that forward movement was not felt by the driver”. The report also said it was “atypical” the fuel level was below empty on the lengthy drive.
The insurer also alleged there were inconsistencies in information provided by Mr Licardo.
Mr Licardo strongly disputed the claims and appealed the decision to the Australian Financial Complaints Authority (AFCA). It in September ruled in his favour and ordered Allianz to pay out.
“There is no evidence to confirm the complainant deliberately caused the accident,” the adjudicator wrote.
“Based on the available information I am satisfied the complainant has met his onus to establish a loss which is covered by the terms and conditions of the policy.
“On the other hand, I am not satisfied the insurer has met its onus to establish it is entitled to deny the claim, or met its onus to establish its allegations that the complainant deliberately provided false and misleading statements or that the claim is fraudulent.
“The insurer is required to pay the complainant’s claim in accordance with the terms and conditions of the policy.”
Mr Licardo said Allianz finally paid his claim on Monday October 24 – almost a full year after it took place.
He said he had suffered stress and financial problems while he fought it.
“It’s caused me hardship. I was still paying $150 a week (in loan repayments) for the Merc.
“I couldn’t afford to buy another car.
“If the decision got made (to pay the claim) then I wouldn’t have had any of the stress or the other problems.”