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
| Celebrating Excellence: 2025 National Trucking Industry Award Winners 24 Dec 2025: Paige Estritori The Australian Trucking Association (ATA) has proudly announced the recipients of the 2025 National Trucking Industry Awards, recognising outstanding contributions and achievements within the sector. These awards highlight the dedication and excellence of individuals and organisations that drive the industry forward. - read more |
| Insuregroup Achieves Milestone Amid Surge in Truck Insurance Demand 24 Dec 2025: Paige Estritori Insuregroup, a specialist insurance brokerage serving Australia's transport and logistics sector, has announced a significant milestone, surpassing 10,000 processed policies since its inception. This achievement includes a remarkable 25% year-on-year growth in policy count, highlighting the escalating demand for comprehensive truck insurance solutions among Australian freight operators. - read more |
| Australia Implements Mass Limit Increase for Euro VI Compliant Trucks 24 Dec 2025: Paige Estritori In a significant move to enhance productivity and environmental standards within the trucking industry, the Australian government has amended regulations under the Heavy Vehicle National Law. Effective from 1 November 2024, heavy vehicles that comply with Euro VI or equivalent noxious emissions standards are permitted a 500kg increase in general access mass limits. - read more |
| Australian Insurers Falling Behind in Risk Preparedness 24 Dec 2025: Paige Estritori Recent findings from the PwC Insurance Banana Skins Survey reveal that Australian insurers are lagging behind their global counterparts in risk preparedness. The survey, which gathered insights from 698 insurance executives across 42 territories, indicates that Australian insurers scored 6.6% lower on the Preparedness Index compared to the global average. - read more |
| Understanding Various Life Insurance Types: Which One is Right for You? Financial security is one of the most important aspects of modern family life. Ensuring that loved ones are protected and well-supported in the event of an untimely death is a fundamental concern for many Australians. - read more
|
| Protecting Your Professional Income: Understanding Income Protection Insurance Income protection insurance is a financial safety net for individuals who are unable to work due to illness or injury. It ensures that you receive a percentage of your income during times when you cannot earn a salary, helping you maintain your lifestyle as you recover. This type of insurance offers peace of mind by providing financial support when it is needed most, allowing you to focus on recovery rather than financial pressures. - read more
|
| Life Insurance: How much is enough? When considering life insurance, you're planning and preparing for an event that most of us would rather not think about. But life insurance represents a critical step in managing your personal finances and ensuring your family's well-being. - read more
|
| Life Insurance for Young Adults: Why It’s Never Too Early to Get Covered Life insurance might not be at the forefront of your mind, especially when you're young and healthy. However, understanding the essence of life insurance early on can significantly impact your financial future and provide much-needed peace of mind. - read more
|