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

Insurance Inquiry Delay Extends Wait for Small Business Answers

04 Nov 2026: Paige Estritori

A federal parliamentary inquiry examining small business insurance has pushed its final report from 27 October 2026 to 26 February 2027, extending the wait for recommendations on affordability, availability and regulation. For Australian businesses that rely on public liability insurance, the delay matters because the inquiry is looking directly at whether modern cover is meeting the needs of small firms, not-for-profits and community organisations. - read more

Life Claims Review Puts Communication Back in Focus

04 Nov 2026: Paige Estritori

A new Life Code Compliance Committee inquiry has sharpened attention on how life insurers manage longer-running total and permanent disability and income protection claims, finding that earlier information requests and clearer communication could reduce avoidable delays for people already dealing with illness, injury or loss of income. - read more

Why Liability Pricing Relief Still Needs Caution in Restaurants

04 Nov 2026: Paige Estritori

Australian restaurants and cafes may be entering a more competitive phase for liability insurance, but the latest market analysis suggests owners should avoid treating softer pricing as a signal that risk has reduced. KPMG Australia's October 2026 liability insurance review, drawing mainly on APRAs National Claims and Policies Database to December 2024, points to moderating pricing momentum after several years of premium strengthening, while also highlighting uneven claims experience across public liability and related classes. - read more

Commercial Insurance Softens, but Truck Cover Still Needs Evidence

04 Nov 2026: Paige Estritori

Fresh commercial insurance data points to a more buyer-friendly market, but Australian truck operators should be careful not to read the headline fall as a simple forecast for cheaper heavy vehicle cover. Marsh’s Q3 2026 Global Insurance Market Index, released on 21 October 2026, reported a 12 per cent fall in Pacific commercial insurance rates for the quarter, led by property and supported by strong insurer competition. - read more

Click for more Insurance News

Business Insurance Articles

Product Liability Insurance in Australia: A Practical Guide for Business Owners

Product liability insurance can help protect Australian businesses from the financial impact of claims alleging that a product they manufactured, imported, distributed or sold caused injury, illness or property damage. This guide explains how the cover works, what to check in a policy and how it fits into broader product risk management. - read more

Certificate of Currency for Liability Insurance: What It Shows and When It May Be Needed

A certificate of currency is commonly requested as proof that an Australian business holds current liability insurance. Here's what it usually shows, what it does not prove, and when contractors, trades and small businesses may be asked to provide one. - read more

How to Choose the Right Public Liability Insurance for Your Business

Choosing public liability insurance is not just about comparing premiums. Australian businesses should understand policy limits, exclusions, excesses, endorsements and conditions before deciding whether a policy is appropriate for their risks. - read more

The Importance of a Custom Risk Management Plan: A Guide for Australian Entrepreneurs

In the fast-paced world of entrepreneurship, the only constant is change, and with change comes the inherent realm of the unknown â€“ risk. Australian entrepreneurs, much like their international counterparts, operate in dynamic environments where unpredictability is a staple. However, the unique economic, legal, and environmental aspects of Australia demand a more localized understanding of these risks. Acknowledging this unpredictability is the first step towards mitigating potential threats to one's business venture. - read more

Start Here !

Knowledgebase

Public Liability Insurance:
Insurance which provides protection against liability to third parties.

This website is owned and operated by Clark Family Pty Ltd (ACN 010 281 008) as Trustee for the Clark Family Trust (ABN 35 957 893 714), 43 Larch Street Tallebudgera QLD 4228. Clark Family Pty Ltd is an Authorised Representative (AR 1298860) of Unique Group Broker Services Pty Ltd (AFSL 509434). Check our licensing details on the ASIC registers: Clark Family Pty Ltd ACR, Clark Family Pty Ltd AR, Unique Group Broker Services.

IMPORTANT: We act solely as an introducer and refer enquiries to licensed third-party brokers, insurers, and lenders. We do not provide financial product advice or credit assistance. 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 party 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. Whilst we have our own process for validating the legitimacy of our referral partners, you should independently verify the credentials and licensing of any adviser or provider you engage. Visit the ASIC website for further information.