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

Why Battery Fire Risk Belongs on the Salon Insurance Checklist

02 Sep 2026: Paige Estritori

Recent Australian insurance and small business risk commentary has again highlighted lithium-ion battery fires as a practical hazard for workplaces that rely on rechargeable equipment. For beauty salons, skin clinics, nail studios and mobile beauticians, the issue is not limited to obvious items such as laptops or phones. Many everyday tools, including cordless clippers, LED devices, payment terminals, tablets, portable speakers, torches and cleaning equipment, may depend on rechargeable batteries. - read more

Why Insurance Affordability Remains a Practical Issue for Tradies

02 Sep 2026: Paige Estritori

Recent insurance industry commentary has again highlighted the affordability challenge facing Australian policyholders, with premium pressure linked to natural hazard exposure, higher repair costs, reinsurance conditions, claims inflation and state-based charges. While much of the public debate focuses on households, the same forces can flow through to small trade businesses that rely on public liability, tools, vehicles, workshop contents and income-related cover to keep operating. - read more

What the Latest Cyclone Pool Signals Mean for Strata Renewals

02 Sep 2026: Paige Estritori

The latest industry attention on Australia’s Cyclone Reinsurance Pool is a useful reminder that affordability reform is only one part of the strata insurance equation. The pool was designed to reduce the cost pressure created by cyclone risk, particularly across northern Australia, where residential strata schemes can face difficult renewal conditions because of wind, rain, storm surge and ageing building infrastructure. - read more

Cyclone Insurance Review Puts Northern Tradie Risks in Focus

02 Sep 2026: Paige Estritori

A fresh review of Australia’s cyclone reinsurance pool has put insurance access and affordability back in the spotlight for communities and small businesses across northern Australia. The pool was designed to reduce pressure on premiums for cyclone and cyclone-related flood damage by giving insurers access to government-backed reinsurance. - read more

Click for more Insurance News

Business Insurance Articles

The Cost of Being Uninsured: Why Every Australian Small Business Needs Liability Coverage

Welcome to the complex world of running a small business in Australia where navigating through liability risks is as crucial as managing daily operations. This article is crafted to illuminate why every Australian small business needs liability coverage â€” a shield to protect against potential financial catastrophes. - 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

Liability Risks for Small Businesses in Australia

Small businesses can face liability claims from customers, clients, employees, products, advice, services and day-to-day operations. This guide explains common liability risks in Australia, how insurance can form part of a risk management strategy, and practical steps that may help business owners assess, document and manage those risks. - 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

Start Here !

Knowledgebase

Reinsurance:
Insurance that an insurance company purchases from another insurance company to mitigate risk.

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) for financial product referrals and an Authorised Credit Representative (ACR 401491) of Saccasan Pty Ltd (ACL 386297). Check our licensing details on the ASIC registers: Clark Family Pty Ltd ACR, Clark Family Pty Ltd AR, Saccasan Pty Ltd, 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.