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:
| Navigating Premium Hikes and Cybersecurity Risks in Australia's Insurance Sector 27 Mar 2026: Paige Estritori In 2026, Australia's insurance industry is confronting significant challenges, notably the affordability of premiums and the escalating threat of cyber incidents. These issues are prompting insurers to reassess their strategies to maintain profitability and customer trust. - read more |
| Bridging the Gap: Enhancing AI and Cyber Risk Management in Australian Insurance 27 Mar 2026: Paige Estritori Recent research indicates that Australian insurers are trailing their global counterparts in preparedness for artificial intelligence (AI) and cyber risks. This gap poses significant challenges as the industry faces rapid technological advancements and increasing cyber threats. - read more |
| Streamlining Compliance: Australian Insurance Brokers Seek Regulatory Relief 27 Mar 2026: Paige Estritori Australia's insurance broking sector is advocating for regulatory simplification to alleviate the growing compliance burdens that impact operational efficiency and client service. The National Insurance Brokers Association (NIBA) has welcomed the Australian Securities and Investments Commission's (ASIC) 'Regulatory Simplification' report, which acknowledges the challenges posed by the current regulatory framework. - read more |
| Australian Insurers Tackle Premium Affordability Challenges 27 Mar 2026: Paige Estritori In 2026, Australian insurers are prioritising premium affordability and insurability as key concerns, driven by escalating claims costs, climate-related losses, and technological advancements in fraud. According to Gallagher Bassett's 2026 global claims study, 22% of Australian insurance leaders identified premium affordability as their top challenge. This reflects the combined impact of claims inflation, macroeconomic conditions, regulatory costs, and increased catastrophe exposures on pricing and underwriting. - read more |
| Top Insurance Policies Every Working Adult Should Consider Insurance is an essential component of achieving financial stability. In life, unexpected events such as illnesses or accidents can pose serious financial challenges. Without adequate preparation, these can disrupt your finances significantly, making recovery even more complicated. This is where the crucial role of insurance becomes apparent. - read more
|
| Separating Fact from Fiction: The Myths of Income Insurance Revealed Have you ever thought about how you would manage financially if you couldn't work due to an illness or injury? Income protection insurance is designed to replace a significant portion of your income if you find yourself unable to earn for an extended period. It's an essential safety net, providing peace of mind and financial stability during times of uncertainty. - read more
|
| How to Determine the Right Income Protection Coverage for Your Needs Income protection insurance is a type of coverage designed to replace a portion of your income if you're unable to work due to illness or injury. - read more
|
| Life Insurance and Estate Planning: What You Need to Know Life insurance and estate planning are critical components of financial security. They ensure that your loved ones are protected financially when you are no longer around. By understanding these tools, you can take significant steps to secure your family's future. - read more
|
A clause or provision in a life insurance policy that doubles the payout in cases of accidental death.