A complainant who claimed he suffered a “psychotic” episode that led him to deliberately crash his car into a wall has lost his bid for compensation from his insurer.

The Australian Financial Complaints Authority (AFCA) upheld the decision by Suncorp to decline the claim, ruling the complainant has not produced medical evidence to show he was exhibiting psychotic symptoms.

According to AFCA, the available proof only indicates the complainant was suffering from symptoms of depression when he crashed his vehicle. A medical certificate he provided says the collision was “due to situational crisis and exacerbation of untreated mental health issues (depression)”.

“The complainant has not provided a statement from a doctor saying that he had a psychotic episode, or that he was incapable of forming an intention to crash his car,” AFCA said.

“The hospital records say the complainant had no psychotic symptoms.

“Based on the available evidence, I am satisfied that the collision was intentional.”

Suncorp had denied the claim, saying the policy covers only incidents that are unintended and unexpected. The insurer says the damage to the car is excluded from cover since it was intentionally or deliberately caused by the complainant.

But the complainant objected, insisting his actions were “no different to if I had a heart attack while driving”. He insisted the collision should not be considered intentional. He also told the insurer more than two weeks after the incident that he had drank alcohol the night before the collision, and took Panadol and cocaine before the collision.

His version of events was consistent with records provided by the hospital. He was taken to the hospital after the collision where he told medical staff he had been feeling depressed since he was 20. He claimed to have had suicidal thoughts for the past four years and was feeling stressed after an altercation with his girlfriend. He subsequently wrote suicide notes to his family and Googled ways to take his own life.

However, AFCA says the insurer is entitled to deny the claim because the complainant has not established a claimable loss.

“The complainant’s car was damaged by a collision,” AFCA ruled. “To establish a claimable loss, he must establish that the collision was something he did not intend or expect.”

Click here for the ruling.

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