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
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An insurance carrier may reserve the "right of subrogation" in the event of a loss. This means that the company may choose to take action to recover the amount of a claim paid to a covered insured if the loss was caused by a third party.