A couple have failed to prove their son was not at fault for a collision with a police car that went through a red light at speed.

The 21-year-old driver was not listed on their Aioi Nissay Dowa comprehensive motor policy, so the complainants were stung with an increased excess of $2475.

They disputed the decision before the Australian Financial Complaints Authority, arguing the insurer failed to properly investigate liability and relied on a “one-sided” police report.

They said their son was moving through an intersection on a green light when he heard sirens. He slowed but could not see where the sirens were coming from, and proceeded after deciding it was not safe to stop.

“They say the police vehicle then entered the intersection, at speed, against a red light and collided with their car,” the AFCA ruling says.

“They say one of the police officers then verbally abused their son.”

The complainants requested police dashcam footage, but it was not provided.

The insurer argued the complainants’ son contributed to the accident. It says rule 79 of the Victorian Road Safety Rules 2017 requires him to give way to a police vehicle with its lights and sirens activated, by either slowing or stopping. This is regardless of the green light.

AFCA agrees with the insurer, and says that by proceeding through the intersection, the driver did not comply with rule 79.

“The police officer’s version of events confirms the police vehicle had its lights and sirens activated and was on its way to a category 1 job involving a person unconscious in the driver’s seat of a vehicle at the time of the accident,” the authority’s determination says.

“Under rule 79, the complainants’ son was obliged to give way to the police vehicle. I am not persuaded dashcam footage is necessary to determine this.

“As the complainants have not shown their son did not contribute to the accident, the relevant excesses apply, in line with the terms of the policy.”

See the full ruling here.