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 Australian Financial Complaints Authority (AFCA) has ruled in favour of QBE Insurance in a case where an uninsured driver attempted to secure compensation following a collision involving a fire truck.

The incident occurred when the QBE-insured driver paused at an intersection to allow a fire truck to pass, leading to the uninsured driver impacting their vehicle.

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:

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.

Insurance News

NorthStandard's 5% P&I Premium Increase: What It Means for Marine Insurers

27 May 2026: Paige Estritori

NorthStandard, a prominent global marine insurer, has announced a 5% increase in Protection and Indemnity (P&I) premiums, effective from 20 February 2026. This decision reflects the company's response to ongoing market unpredictability and associated risks. - read more

High Court Decision Eliminates Liability Cap for Wreck Removal Claims

27 May 2026: Paige Estritori

In a landmark decision, Australia's High Court has unanimously ruled that Protection and Indemnity (P&I) insurers cannot limit their liability for wreck removal and pollution clean-up claims. This ruling emerged from the case involving Standard Club UK Ltd, the P&I insurer for CSL Australia, following a 2022 collision at the Port of Devonport, Tasmania. - read more

Cyclone Narelle's Impact on Marine Insurance in Northern Australia

27 May 2026: Paige Estritori

Severe Tropical Cyclone Narelle, which struck Northern Australia in March 2026, has brought to the forefront the escalating challenges in securing marine hull insurance in regions like Northern Queensland and Western Australia. The cyclone's path, impacting both the Northern Territory and the northwest of Western Australia, exemplifies the increasing volatility of weather patterns and their profound implications for the marine insurance sector. - read more

Vero's 2026 SME Insurance Index Uncovers Critical Risk Management Gaps in Australian Small Businesses

27 May 2026: Paige Estritori

Vero's recently released 2026 SME Insurance Index has brought to light significant disparities in risk management practices between small and large Australian businesses. The survey, encompassing over 1,500 enterprises, underscores the pressing need for enhanced risk strategies among small and micro businesses to bolster their resilience in an increasingly volatile economic landscape. - read more

Click for more Insurance News

Life Insurance Articles

Start Here !

Apply now for your free Insurance assessment and price comparisons!

All quotes are provided free and without obligation. We respect your privacy.

Knowledgebase

Loss of Use:
Insurance coverage that pays for the additional living expenses if your home is uninhabitable due to a covered loss.

IMPORTANT: We are neither authorised nor licensed to provide finance or finance products. We do not recommend any specific financial products and we do not offer any form of credit or other financial advice. All product enquiries and requests for financial and/or other advice on this website are referred to third party, qualified intermediaries with whom you can deal directly. We may receive a fee or commission from these third parties in consideration for the referral. Before any action is taken to obtain a product or service referred to by this website, advice should be obtained (from either the third part to whom we refer you or from another qualified intermediary) as to the appropriateness of obtaining those products having regard to your objectives, financial situation and needs.