Husband’s fight with UniSuper over life insurance after wife tragically dies in Melbourne

A dad was heartbroken when he lost his wife in a car crash but things have been made worse as he tries to secure their son’s future.

The devastated husband of a Melbourne woman who was tragically killed in a horrific head-on crash earlier this year has been shocked that a request to claim her life insurance has been denied.

Mum-of-one Divya Bhatia, who was remembered by her husband Robin Mehra as a “cherished wife” and a “very devoted mother”, died in January at the scene of the crash following the collision.

Mr Mehra said he had been “struggling” since he lost his wife, with the tragedy made worse due to a battle with Ms Bhatia’s superannuation fund UniSuper over life insurance.

The dad had returned to India to be closer to family after his wife’s death but wants to come back to Australia where they lived for years with their son.

“Our lives has been shattered after Divya left us,” he told news.com.au.

“I am directionless on what to do and struggling to decide where to live. I have a son who’s future I see in Australia and have my parents to take care of who live in India.

“I lost my elder brother in 2016 and now I lost my life partner. Things aren’t well but life goes on. I told my son his mum now lives with God and she is now a star.

“He keeps waiting for night to find the brightest star which is mummy. It’s been very tough so far and just thinking about coming back to Melbourne gives me jitters. All I see is the accident road, an empty house and Divya’s face.”

Yet, he believes he can give their five-year-old son, Rahil, the best opportunities by returning to Melbourne but said he had uncovered failures with UniSuper’s systems after it denied his claim on the life insurance.

The loss of Divya Bhatia has shattered the family. Picture: Supplied

Mum-of-one Divya Bhatia with her husband and son. Picture: Supplied

Ms Bhatia had worked at Woolworths since 2014 and was with the superannuation fund Rest until she switched to UniSuper in the middle of 2021 on the advice of a friend.

A statement from Rest in July 2021 showed a death benefit entitlement of $775,000, Mr Mehra said.

But when he went to claim on his wife’s life insurance in February this year, he was told by Unisuper that there was no insurance cover on the account and instead his wife had “opted out” of it on 14 July 2021.

Surprised Mr Mehra asked for more details as they had previously paid extra money to Rest to boost the entitlements.

UniSuper also claimed his wife had elected not to have life insurance on the electronic application at the time she did the rollover but they could not provide proof as it was in a “technical code” and a “format” they could not deliver, in an email seen by news.com.au.

Bizarrely, a subsequent email claimed the technical code could be provided by Unisuper as proof to a court.

Robin Mehra wants to provide the best life for their son Rahil. Picture: Supplied

Mr Mehra was also told a different story – that because she joined the fund by “choice” that “personal accounts are not offered any insurance, however members have 90 days from joining the fund to rollover any insurance they have externally”.

Mr Mehra challenged the UniSuper claims officer and said the information provided was “contradictory”.

He was told the system didn’t indicate the cover was never activated and was only discovered upon further investigation.

But the dad said the rollover was done via the UniSuper website through the ‘combine your super’ tab.

He said the only question asked by UniSuper was for the fund name and member number with no information, disclaimers or authorisation in regards to insurance.

Robin with his son. Picture: Supplied

Mr Mehra said he was later alarmed to discover that UniSuper had updated its online application to include information about transferring insurance but none of this was raised when his late wife made her application.

He claims UniSuper were “negligent and failed their duty of care” to add disclaimers about benefit entitlements and the implications of rolling over super when people choose to move funds.

“Firstly, Unisuper missed a regulatory requirement in their online application form,” he said.

“Secondly, they are quietly covering up things by updating their website. Isn’t this a clear show of neglect and deceit towards customers?”

The couple’s son misses his mum. Picture: Supplied

The 38-year-old said his wife was “irreplaceable” and “nobody can fill the void she has left” especially for their son, but the money would be life-changing for the family.

“He will always miss his mother’s love. I have no family in Australia and Rahil is very close to his grandparents,” he said.

“With the claim proceeds I can give Rahil the life Divya wanted, transition back to Australia easily, get my parents to live with me, focus on him full time, give him a better education, keep him distracted with different activities, holiday trips, ensure he sees his grandparents — Divya’s parents in India, first cousins in India and US, and extended family regularly to help him and myself with the loss.

“I want to build a solid support system of family around him so Rahil is least affected mentally.

“Rahil has changed a lot since the incident.”

Mr Mehra has lodged a complaint with the independent dispute resolution scheme, the Australian Financial Complaints Authority, regarding his claim.

UniSuper declined to comment when contacted by news.com.au.

Originally published as Husband’s fight with UniSuper over life insurance after wife tragically dies in Melbourne