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

Escalating Claims Costs Impact Trucking Insurance in Australia

25 May 2026: Paige Estritori

The Australian trucking industry is currently grappling with a significant rise in insurance claims costs, leading to increased premiums and prompting operators to reassess their risk management strategies. This trend mirrors global patterns where the financial repercussions of truck accidents have intensified over the past decade. - read more

Human Error Identified as Primary Factor in Major Truck Accidents

25 May 2026: Paige Estritori

A recent report backed by National Transport Insurance (NTI) has identified human error as the predominant cause of major truck accidents in Australia. The findings underscore the critical need for enhanced driver training and the implementation of comprehensive safety measures within the transport industry. - read more

HESTA Announces 12% Reduction in Insurance Fees for Members

25 May 2026: Paige Estritori

HESTA, a prominent superannuation fund in Australia, has unveiled a significant reduction in insurance fees, averaging 12% across all cover types. This initiative, effective from 1 July 2026, aims to provide more accessible and affordable insurance options for its members, including those in the trades sector. - read more

Suncorp's AU$2.4 Billion Reinsurance Deal Strengthens Financial Outlook

25 May 2026: Paige Estritori

Suncorp, a leading Australian general insurer, has secured a substantial reinsurance agreement valued at up to AU$2.4 billion over five years. This strategic move has positively impacted the company's fiscal 2026 growth outlook, resulting in a notable 10% increase in share value. - read more

Click for more Insurance News