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:
| Leadership Transition at NTI: Janelle Greene Named New CEO 13 Feb 2026: Paige Estritori National Transport Insurance (NTI), Australia's premier transport and logistics insurance provider, has announced the appointment of Janelle Greene as its new Chief Executive Officer, effective July 1. Greene, who currently serves as NTI's Chief Customer Officer, will succeed Tony Clark, who has led the company for the past 18 years. - read more |
| Decade-Long Battle Ends in TPD Payout for Injured Truck Driver 13 Feb 2026: Paige Estritori In a significant ruling by the Australian Financial Complaints Authority (AFCA), a truck driver has been awarded a total and permanent disability (TPD) benefit, concluding a protracted dispute that spanned over a decade. - read more |
| NHVR's Revised Master Code: Broader Safety Guidelines for Heavy Vehicle Users 13 Feb 2026: Paige Estritori The National Heavy Vehicle Regulator (NHVR) has recently updated its Master Code of Practice, marking the first revision since its initial release in 2018. This comprehensive update extends its reach beyond traditional road transport businesses to encompass a wider array of industries that utilise heavy vehicles, including manufacturing, construction, mining, retail, and logistics. - read more |
| AFCA Upholds Policyholder's Income Protection Benefits Against Zurich 12 Feb 2026: Paige Estritori The Australian Financial Complaints Authority (AFCA) has recently ruled against Zurich Insurance, instructing the insurer to maintain the current income protection benefits for a policyholder after an 11-year delay in proposing a reduction. This decision underscores the critical importance of timely and transparent communication between insurers and their clients. - read more |
| Securing Your Family's Future: How Life Insurance Offers Peace of Mind Life is a tapestry of precious moments, each framed by the inevitable uncertainty that the future holds. The awareness that our paths are peppered with unpredictability can often cast a shadow of concern, affecting how we cherish the present. For many, the well-being of family remains the cornerstone of life's purpose, driving the need for a foundation that offers stability and reassurance in the face of life's unexpected challenges. - read more
|
| How to Protect Your Income During Health Setbacks: A Complete Guide Income protection is a crucial safety net for Australians, offering financial security when health setbacks strike. This type of insurance ensures that you continue to receive a portion of your income if illness or injury prevents you from working. It’s an essential aspect of financial planning, providing peace of mind knowing that you can maintain your lifestyle even when unforeseen health issues arise. - read more
|
| Income Protection vs. Life Insurance: What's Best for You? Financial protection is an essential aspect of sound financial planning. It ensures that you and your family are safeguarded against unexpected events that could lead to financial hardship. Two common types of financial protection are income protection insurance and life insurance. - 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
|
Broadly, the entire written contract of insurance. More narrowly, the basic written or printed document, as distinguished from the forms and endorsements added thereto.