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:
| Australian Super's Claim Delays Raise Concerns Among Members 03 Jan 2026: Paige Estritori Australian Super, one of the nation's largest superannuation funds, is facing criticism over significant delays in processing insurance claims, particularly those related to income protection and total and permanent disability (TPD). Members have reported prolonged waiting periods, leading to financial hardships and uncertainty. - read more |
| Club Marine Revamps Commercial Boat Insurance Policies 03 Jan 2026: Paige Estritori Club Marine, Australia's leading provider of recreational boat insurance, has announced significant enhancements to its commercial boat insurance offerings. This strategic move aims to better align commercial policies with the company's recreational insurance products, providing comprehensive coverage for vessels used in both business operations and occasional leisure activities. - read more |
| Marsh Secures Role in Royal Australian Navy's Maritime Insurance Program 03 Jan 2026: Paige Estritori Marsh, a leading global insurance broker and risk advisor, has been appointed by the Australian Government to oversee the insurance and risk advisory components of the Royal Australian Navy's Maritime Insurance Program (MIP). This program is integral to the Navy's extensive fleet expansion and infrastructure development initiatives. - read more |
| Australian Insurers Achieve Significant Profit Growth Amid Rising Premiums 03 Jan 2026: Paige Estritori Australia's insurance industry has reported an after-tax profit of $6.1 billion for 2024, a substantial increase from the five-year average of $2 billion, according to KPMG's annual review. This surge is attributed to premium hikes and a year with fewer significant weather events. - read more |
| The Essential Guide to Travel Insurance for Australians on a Working Holiday in Canada Welcome to your guide to embark on an amazing journey from Australia to the breathtaking landscapes of Canada on a working holiday. This adventure presents an inviting blend of work and travel, allowing you to immerse yourself fully in Canadian culture while supporting your explorations financially. - read more
|
| Keeping Your Family Protected: The Importance of Adequate Health Insurance Coverage The modern Australian family faces a dynamic and ever-evolving set of health needs, with access to quality healthcare remaining a cornerstone of managing our wellbeing. As these needs shift through the different stages of life, the assurance of having a safety net in place can provide unparalleled peace of mind. It's this sense of security that makes adequate health insurance coverage indispensable in today's fast-paced society. - read more
|
| Understanding the Process: A Beginner's Guide to Income Insurance Claims Income insurance, an often-overlooked component of financial security, is gaining traction among Australia's burgeoning self-employed population. In an economy where traditional employment is no longer the sole path to success, this form of insurance has become a cornerstone for proactive financial planning. Touted as a safety net, it ensures that personal livelihoods and business operations remain secure in the face of adversity. - read more
|
| Family Planning: Exploring Life Insurance Options for New Parents Stepping into parenthood comes with a myriad of responsibilities, one of which includes securing your family's financial future. Life insurance serves as a financial cornerstone for young professionals who are navigating the complexities of family planning. Recognizing the significance of the role insurance plays can empower new parents to make informed decisions that corroborate their family's safety and well-being. - read more
|
The amount paid for an insurance policy, usually on a regular basis, to maintain coverage.