AAMI under fire for rejecting Nasser Zahr's claim after car accident

By Esther Han
Updated July 31 2014 - 6:08pm, first published 5:47pm
"These kids need 24-hour care": Nassar Zahr is fighting AAMI over a compensation claim.  Photo: Supplied
"These kids need 24-hour care": Nassar Zahr is fighting AAMI over a compensation claim. Photo: Supplied
Zahrs
Zahrs

Minutes after Nasser and Faten Zahr dropped their children off at school one Friday morning, a car rear-ended their small Daihatsu Sirion, causing injuries and igniting a lengthy insurance battle.

Mr Zahr, from Beverly Hills in Sydney's south, was confident his compensation claim to AAMI, the insurer of the driver at fault, would be accepted without a hitch 2.5 years after the crash.

He was the full-time carer to two children with intellectual and physical disabilities, and had waited to see if the injuries to his hands and wrists would heal on their own.

But the claim was ruled invalid because it had not been filed within six months of the event.

Infuriated by the rule, he has taken AAMI to court, with the first hearing set for August 28 at the NSW District Court.

"Many, many people do not know about the six-month rule. No one advertises this, people don't know about it, and are now suffering. When they're told they can't claim, they walk away," he said. "This is so much more than just about me."

AAMI rejected the claim on the grounds the explanation about the delay was inadequate. This was determined by the independent arbiter: the Claims Assessment and Resolution Service of the NSW Motor Accidents Authority.

But Mr Zahr has asked for compassion, referring to his status as the full-time carer of Amina, 15, and Mohamed Ali, 12, who both have myotonic dystrophy and have the intellectual capacities of a three-year-old.

"These kids need 24-hour care, from preparing food, to helping them eat the food as they might choke, to dressing them and toileting them," he said.

"They can't use the taps because they don't understand between hot and cold, and can't even cross the street because they don't understand speed."

Mr Zahr's fight has been bolstered by the 76,000 digital signatures amassed on his Change.org petition, which was initiated 10 days ago.  After a television report on the Zahr family's plight on Tuesday night, the petition was gathering 2000 signatures an hour the next morning.

An AAMI spokesman said the insurer had “every sympathy for the personal circumstances of Mr Zahr and his family” and would continue to negotiate “in good faith” to find a solution to the “unusually complex claim”.

AAMI wanted to resolve the matter, preferably before the first court hearing.

He confirmed Mr Zahr’s original claim was denied because it was two years late, and that the explanation received at the time was inadequate.

An offer was made to Mr Zahr in April 2013, but this was declined.

On the Change.org web page, Mr Zahr explained that the offer would have barely covered the cost for surgery and treatment.

“Why is it that the injured has to always budge and not the insurer. I am not asking for handouts, I am claiming compensation for injuries caused by AAMI's insured driver,” he said.

Late on Thursday, Mr Zahr posted an update, saying AAMI had been in touch with his lawyers to say they were putting together another offer.

"They've sent positive signals, which we hope will lead to a satisfactory resolution soon," he said.

Earlier this year, Suncorp – owner of AAMI – was embroiled in another dispute made public via Change.org.

Former NSW firefighter Dean Gray, who suffered from post-traumatic stress disorder, started a petition to protest against Suncorp’s decision to deny him a pension from the death and disability fund.

In May, after gathering more than 60,000 signatures, he claimed victory.

Change.org campaigner Owen Wareham said petitions pinned on “compelling, personal stories of injustice” rapidly attracted supporters.

“In the past 24 hours, Nasser's petition has become one of the top Change.org petitions currently running in Australia,” he said. “Nasser's family have a compelling story that is clearly resonating with other Australians.”

AAMI customers have been quick to share their displeasure on the petition's web page.

Tewira Lawton of the Gold Coast wrote: “I have ceased my signing up with AAMI until I know what the outcome of this is. Good luck to you and your family.”

Helga Weber wrote: “I am an AAMI member for quite a few years and if this is genuine and not acted/paid, then I may have to look at other insurers.”