Ask an Expert

QUESTION:

My client is insistent that their full cover should cover the damage to their other vehicle, (which has TPFT) when they reversed the fully covered vehicle into the one with TPFT (which was stationery).

The insurer has confirmed the vehicle with TPFT only has cover for section 2 claims and does not meet the criteria for any Section 1 claims.

Can the client claim under the fully covered vehicle?


CROSSLEY GATES REPLIES:

The insurer is correct. Assuming the full cover policy does not cover the stationary vehicle, how can it ever directly respond to a claim for damage to that vehicle (as opposed to a claim for being liable for damage to that vehicle)?

It sounds like the driver of the fully covered policy was negligent. Is your client the owner of the stationary vehicle as well? If not the owner of that vehicle can hold your client liable for the damage to it, and your client can lodge a claim under Section 2 of his policy for that liability.



December 2022

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