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Add us on GoogleWhen Adam Mirza temporarily moved back in with his parents in Markham, Ontario, the couple wanted to do everything they could to help. So, when their son needed a vehicle for a medical appointment, Mohamed and Viva Mirza obliged. But in a devastating turn of events, Adam was involved in a serious car accident while driving his parents’ vehicle.
And if the emotional upheaval of the incident was not enough, the family’s insurance claim was denied by their provider, Wawanesa, CTV News reported. The denial came because the driver at the time of the accident, Adam, was not included on his parents’ policy.
“We agree we didn’t declare our son moved in here. He was originally living in Ajax when we bought the car,” Mohamed told CTV.
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The Mirzas appealed the decision, which was also struck down. Wawanesa explained their rationale clearly in a letter to the family.
“You failed to disclose to your broker or Wawanesa that Adam operates the vehicle with your permission and lives in your household. As such, your right to recovery is forfeited and your claim is denied.”
Having the claim denied put the couple in a financially difficult position as well: the vehicle Adam was driving was still under a loan agreement, with a $26,000 balance outstanding. As of the time of writing, they are now making monthly payments for a vehicle that they can no longer use.
On top of the financial strain, the husband and wife told CTV News that Wawanesa has cancelled their home insurance and other vehicle insurance policies, leaving the family to sign up with a different provider.
“We seem to be losing money constantly. We are dishing out and we are left with the liability of a car loan and no settlement from an insurance company,” Mohamed said to CTV.
Viewing the issue from the insurer’s perspective
There are strict rules when it comes to maintaining the terms and conditions of an insurance policy.
“Anyone who is a regular and frequent operator of your vehicle should be listed on policy,” Anne Marie Thomas, the director of consumer and industry relations with the Insurance Bureau of Canada (IBC), told CTV News in an interview.
While most auto policies allow occasional drivers to borrow a vehicle with permission, carriers generally require household members who regularly drive the vehicle to be listed because they represent an ongoing insurance risk.
Yes, there are hard lines that once crossed, will result in an insurance claim being denied. But how often do denials like this one occur?
Recent data from the Canadian Council of Insurance Regulators (CCIR) shows that only 3.5% of automobile insurance claims across small, medium and large insurance companies were denied in 2024, according to the CCIR’s Annual Statement Market Conduct Report. Compared to previous years, claim denial rates have remained quite stable — they only increased 0.2% between 2022 to 2024.
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Common reasons insurance claims may be denied
In the same report, the CCIR collected data on reasons why automobile claims were rejected.
Across all sizes of insurance companies that offered the automobile policy, the majority of claims were denied due to exclusions and limitations in the policy, issues not covered under the policy in question, as well as “other” reasons. The “other” category is a mixture of reasons offered by insurers, including: duplicate claims made under the policy, missing or incomplete documentation and claims not being covered under policy terms.
Other common reasons insurance companies can deny a claim, according to legal experts, include:
- Not paying premiums: If you miss any payments and a policy is cancelled before a collision, your claim could be denied.
- Misrepresentation or concealment: Failing to disclose or misrepresenting a material fact that affected the insurer’s underwriting decision (e.g. saying you only use your vehicle for personal driving when you actually use it for ridesharing or business purposes).
- Breach of contract: Not complying with explicit requirements laid out in the policy (e.g. breaking the law while driving).
- Problems with the claim: This could include waiting too long to report an accident or failing to provide photos, a police report or other requested information.
What to do if an insurance claim is shut down
As the Mirzas’ story shows, facing an automobile insurance claim denial can generate significant stress and financial difficulty. If you feel like you have a winning case, here are some steps you can take to combat the defeat.
- Start with an appeal. Each insurer should have an internal appeal process for any claims that are denied — this should be given to you upon delivery of the claim denial notification. Completing an internal appeal is typically a good first step. However, be mindful that an appeal process will likely involve rigorous argumentation — you’ll need to make a case with evidence and logic as to why the denial is not appropriate. Consider reaching out to a consumer advocacy group or legal professional for help with preparing for an appeal.
- File a complaint. Separate from the appeal process, if you believe the insurer has not handled the matter fairly, you can file an internal complaint, typically through their website. Make sure to have all the key policy details on hand first. If you want advice on the complaint made, reach out to the General Insurance OmbudService (GIO) for a review.
- Take legal action. If you believe the denial is unfair, or that the insurer acted in bad faith, you can sue the insurer with the help of a lawyer. In some cases this can be a last-ditch effort due the cost and effort it takes to go through a legally adversarial route.
- Reach out to a regulator. Should internal processes not produce a desired result, another option is to contact the insurer’s regulator – the government body that oversees its actions. The Financial Consumer Agency of Canada has a helpful list of various insurance regulators across Canada concerned consumers can contact for help.
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Brett Surbey is a corporate paralegal with KMSC Law LLP and freelance writer who has written for Yahoo Finance Canada, Success Magazine, Publishers Weekly, U.S. News & World Report, Forbes Advisor and multiple academic journals. He and his family live in northern Alberta, Canada.
