Uninsured Driver Denied Compensation in Dispute with QBE
Uninsured Driver Denied Compensation in Dispute with QBE
The uninsured motorist, disputing QBE's decision to hold him responsible and requiring payment for damages, sought redress through AFCA. He claimed the QBE-insurer's customer triggered the incident by stopping abruptly, without warning, following the fire truck's activation of sirens and lights.
Despite lacking dashcam footage, AFCA reviewed a Queensland Fire Department statement suggesting the distraction and subsequent collision were foreseeable due to the fire truck's presence at a blind corner. Although acknowledging that the QBE customer was potentially negligent for stopping suddenly without adequate warning, AFCA maintained the road rules require drivers to maintain a safe distance to prevent such accidents.
The adjudication concluded that a sufficient following distance was lacking, which could have otherwise allowed the uninsured driver to avert the collision, rendering the complaint unsubstantiated for coverage of his damages. Consequently, the tribunal found him responsible for a portion of the crash alongside the QBE-insured driver.
The ruling bars the uninsured from receiving compensation for his vehicle damage, legal fees, or money paid to QBE, citing jurisdiction limits. Yet, it mandated QBE to issue a $500 compensation for originally misleading the uninsured driver with incorrect statements regarding cost bearing.
Published:Friday, 21st Mar 2025
Source: Paige Estritori
Share this news item:
| Brisbane Hailstorm Sees Over 16,000 Insurance Claims 03 Nov 2025: Paige Estritori The recent hailstorm in Brisbane has triggered more than 16,000 insurance claims, marking it as a significant event as declared by the Insurance Council of Australia. Both Suncorp and IAG have experienced a substantial influx of claims following the severe weather conditions that affected parts of Queensland and Victoria over the weekend. - read more |
| Strata Futures Report Proposes National Task Force for Industry Overhaul 03 Nov 2025: Paige Estritori The recently released Strata Futures Report has put forth a comprehensive set of 64 recommendations aimed at transforming Australia's strata industry. Central to these proposals is the establishment of a national task force, co-funded by the government, to spearhead reforms and foster a high-performing, transparent, and sustainable model of property ownership and governance. - read more |
| NSW Strata Managers Set to Eliminate Insurance Commissions by 2026 03 Nov 2025: Paige Estritori In a significant development for the strata management sector, the Strata Community Association New South Wales (SCA NSW) has announced a phased plan to eliminate insurance commissions for managing agents, commencing January 1, 2026. This initiative aims to bolster transparency and trust between strata managers and property owners. - read more |
| Surge in Mental Health Claims Reshapes Australia's Insurance Landscape 31 Oct 2025: Paige Estritori Australia's insurance industry is experiencing a significant shift as mental health conditions have become the leading cause of total and permanent disability (TPD) claims. Recent data from the Council of Australian Life Insurers (CALI) indicates that mental health issues now account for nearly one-third of all TPD claims, marking a substantial change in the industry's claim patterns. - read more |
| How to Compare Life Insurance Policies in Australia Without Overpaying Life insurance stands as a pillar of financial stability in the lives of many Australians, providing peace of mind and security for families and individuals facing the uncertainty of the future. The importance of life insurance cannot be overstated; it offers a safety net that serves to protect your loved ones in the event of a tragedy, ensuring their financial well-being during difficult times. - read more
|
| Life Insurance Essentials: Protecting Your Growing Aussie Family Life insurance remains one of the most crucial considerations for new parents aspiring to provide a secure future for their growing families. The arrival of a child marks a transformative moment, redefining priorities and responsibilities. At its core, life insurance is a safety net, designed to offer financial protection and stability to loved ones in the event of an unforeseen tragedy. - read more
|
| Life Insurance Audit: Regular Check-Ups for Your Policy's Health Life insurance serves as a crucial safety net, guarding your loved ones against the unforeseen. Just as you would take care of your health through regular check-ups, it is equally important to ensure that your life insurance policy remains in sound condition to provide the necessary protection. - read more
|
| Smart Strategies to Lower Your Health Insurance Premiums In today's rapidly changing health insurance landscape in Australia, keeping track of costs and coverage can be daunting. Many Australians find themselves grappling with high premiums that seem to increase year after year. - read more
|
Insures your income in the event of you being unable to work due to sickness or accident.