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:
| Rising Claims Challenge Australia's Compensation Scheme of Last Resort 22 Apr 2026: Paige Estritori Australia's Compensation Scheme of Last Resort (CSLR) is facing significant pressure due to a surge in claims linked to failed financial products. This uptick has led the Insurance Council of Australia (ICA) to call for structural reforms to ensure the scheme's sustainability. - read more |
| Escalating Professional Indemnity Claims in Australia's Financial Services Industry 22 Apr 2026: Paige Estritori Australia's financial services sector is currently experiencing a notable increase in professional indemnity (PI) claims, driven by intensified regulatory scrutiny and recent legal actions. This trend has significant implications for professionals and insurers operating within the industry. - read more |
| NSW Builders Required to Obtain Professional Indemnity Insurance by July 2026 22 Apr 2026: Paige Estritori Effective 1 July 2026, all registered building practitioners in New South Wales (NSW) will be mandated to hold professional indemnity (PI) insurance, as stipulated by the Design and Building Practitioners Act 2020. This legislative change aims to enhance accountability and protect clients from potential financial losses due to professional negligence or defects in construction work. - read more |
| NSW Productivity Commissioner Advocates for Immediate Ban on Strata Manager Commissions 22 Apr 2026: Paige Estritori In a significant development for New South Wales' housing sector, Productivity Commissioner Peter Achterstraat has called for the prompt elimination of commissions received by strata managers. This recommendation aims to bolster transparency and affordability within the state's burgeoning strata housing market. - read more |
| Income Protection Insurance: Understanding Waiting Periods and Benefit Periods Income protection insurance is a financial product designed to support individuals in the event that they are unable to work due to illness or injury. This type of insurance provides a regular income, helping to replace a portion of lost earnings and meet daily living expenses. Virtually anyone earning an income, especially those with financial dependents or significant debts, should consider the peace of mind that income protection can offer. - read more
|
| Why Income Protection Insurance is Essential for Self-Employed Australians Income protection insurance is a type of coverage designed to provide you with a steady income if you are unable to work due to illness or injury. Unlike other types of insurance, which may focus on lump-sum payments, income protection insurance prioritises regular income replacement to help cover your everyday expenses. - read more
|
| Top 5 Reasons to Consider Life Insurance While You're Young When you’re young, life is all about new experiences and making plans for a promising future. While factors like travel, career, and relationships often take centre stage, one aspect often overlooked is life insurance. It might seem like something to consider later in life, but starting a policy while you're young can be a savvy financial move. - read more
|
| How to Use Insurance to Protect Your Finances and Manage Debt Financial protection and debt management are essential components of maintaining a stable financial life. Without proper safeguards, unexpected events can quickly derail even the best-laid financial plans. - read more
|
The amount you must pay out-of-pocket for expenses before your insurance company covers the remaining costs.