Uninsured Driver Denied Compensation in Dispute with QBE

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

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
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Insurance News

Clear

Tool Theft Claim Falls Short After Portable Items Limit Applied

28 Jun 2026: Paige Estritori

A recent Australian Financial Complaints Authority decision is a timely reminder for tradies that the words in a policy schedule can matter just as much as the headline sum insured. The dispute involved a business that had tools and a trailer stolen from a worksite, then challenged the insurer’s payout after receiving far less than it believed the policy should provide. - read more

HCF Life Appeal Decision Puts Policy Wording Back in Focus

28 Jun 2026: Paige Estritori

A recent Full Federal Court decision involving HCF Life has put renewed attention on one of the most important parts of any life insurance policy: how pre-existing conditions are described, limited and explained to customers. - read more

Cyclone Insurance Savings Offer Relief, But Farmers Still Face a Hard Market

28 Jun 2026: Paige Estritori

The ACCC’s final monitoring report on the Australian Government’s cyclone reinsurance pool offers a cautiously positive signal for parts of northern Australia. Premium relief is showing up in higher cyclone-risk areas, particularly for home, strata and small business policies. For farming families and rural enterprises in exposed regions, that matters: the family home, workers’ accommodation, sheds, workshops and business premises can all sit within the same weather-risk landscape. - read more

New Liability Cover Adds Choice for Australian SMEs

28 Jun 2026: Paige Estritori

Haven Underwriting has expanded its product suite with a new broadform liability offering, adding another option for Australian businesses that rely on customer-facing premises, physical locations and day-to-day public interaction. The cover is backed by Mitsui Sumitomo Insurance capacity and follows Haven’s earlier entry into the market with industrial special risk property cover. - read more

Click for more Insurance News