Uninsured Driver Denied Compensation in Dispute with QBE

4

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
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

Insurance News

Clear

Allianz Australia Penalised for Misleading Travel Insurance Information

07 Jan 2026: Paige Estritori

In a significant ruling, the Supreme Court of New South Wales has imposed fines totaling $16.8 million on Allianz Australia Insurance and its subsidiary, AWP Australia, for disseminating misleading information about their travel insurance products between 2016 and 2018. This decision underscores the critical importance of transparency and accuracy in the insurance sector. - read more

Allianz Partners Highlights Risks of Travelling Uninsured

07 Jan 2026: Paige Estritori

Recent research conducted by the Insurance Council of Australia (ICA) and the Department of Foreign Affairs and Trade (DFAT) has unveiled a concerning trend: approximately 14% of Australian travellers embark on international journeys without any form of travel insurance. This statistic has prompted Allianz Partners to urge Australians to reconsider the importance of securing adequate coverage before travelling abroad. - read more

Surge in Medical Claims Among Australian Travellers Highlights Importance of Comprehensive Insurance

07 Jan 2026: Paige Estritori

In 2024, medical incidents emerged as the leading cause of travel insurance claims among Australian travellers, accounting for more than 40% of all claims handled by nib Travel. This trend underscores the critical importance of securing comprehensive travel insurance to mitigate the financial risks associated with medical emergencies abroad. - read more

Australian Insurers Achieve Record Profits Amid Rising Premiums

07 Jan 2026: Paige Estritori

In 2024, Australia's insurance industry reported an after-tax profit of $6.1 billion, a figure that is three times higher than the five-year average of $2 billion. This substantial increase is attributed to significant premium hikes and a relatively benign year for natural disasters. - read more

Rising Insurance Premiums in Northern Australia Challenge Homeowners

07 Jan 2026: Paige Estritori

Homeowners in Northern Australia are grappling with substantial increases in insurance premiums, despite the federal government's establishment of a cyclone reinsurance pool in 2022 aimed at reducing costs. This trend has raised concerns about the effectiveness of the initiative and the affordability of insurance in cyclone-prone regions. - read more

Lack of Transparency in Insurance Premium Increases Concerns Consumers

07 Jan 2026: Paige Estritori

Australian consumers are increasingly facing substantial hikes in their insurance premiums, often with minimal or no explanation from insurers. This lack of transparency has led to growing concerns and calls for greater clarity in the industry's pricing strategies. - read more

ICA Advocates for Overhaul of Civil Liability Laws Amid Rising Insurance Premiums

07 Jan 2026: Paige Estritori

The Insurance Council of Australia (ICA) has recently released a white paper highlighting the urgent need for reforms to state and territory civil liability laws, which have remained largely unchanged for nearly 25 years. These outdated laws are contributing to significant increases in public liability insurance premiums, affecting a wide range of businesses across the nation. - read more

Soaring Insurance Premiums Threaten Australia's Leisure and Recreation Industry

07 Jan 2026: Paige Estritori

The Australian Amusement Leisure & Recreation Association (AALARA) has raised concerns over the escalating costs of public liability insurance, which are placing significant pressure on amusement and recreation operators across the country. This warning follows the Insurance Council of Australia's (ICA) recent call for reforms to civil liability laws. - read more

APRA Reports Significant Increase in Public Liability Insurance Premiums

07 Jan 2026: Paige Estritori

The Australian Prudential Regulation Authority (APRA) has released its latest National Claims and Policies Database (NCPD) statistics, revealing a substantial increase in public liability insurance premiums over recent years. According to the data, premiums have risen by 40% since 2015, a rate that surpasses general inflation and places additional financial strain on businesses across the country. - read more

AFCA Upholds Restaurant's Arson Claim Amid Disclosure Dispute

07 Jan 2026: Paige Estritori

In a significant ruling, the Australian Financial Complaints Authority (AFCA) has directed QBE Insurance to honour an arson claim from a restaurant, despite the director's failure to disclose his criminal history during the policy's inception. This decision underscores the complexities surrounding disclosure obligations and the importance of clear communication between insurers and policyholders. - read more

Click for more Insurance News