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
Source: Paige Estritori

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

Share this news item:

Insurance News

Surge in Mental Health Claims Challenges Australia's Income Protection Insurance

25 Dec 2025: Paige Estritori

Recent data from the Council of Australian Life Insurers (CALI) reveals a significant shift in the landscape of income protection insurance in Australia. Mental health conditions have emerged as the leading cause of total and permanent disability (TPD) claims, accounting for nearly one-third of all claims paid. In 2024 alone, insurers disbursed over $2.2 billion for retail mental health claims, a figure that has almost doubled compared to five years prior. - read more

Decline in Income Protection Premiums Reflects Market Adjustments in Australia

25 Dec 2025: Paige Estritori

Recent research from Rainmaker Information indicates a notable decrease in income protection insurance premiums across Australia. Direct income protection premiums have fallen by 12% for policies with a 30-day waiting period and 13% for those with a 90-day waiting period since 2024. Similarly, premiums for life products sold through advisers have decreased by 5%, with income protection premiums dropping by 7% for 30-day waiting periods and 5% for 90-day periods. - read more

Superannuation Insurance Extends Coverage to 6 Million More Australians

25 Dec 2025: Paige Estritori

New research from the Association of Superannuation Funds of Australia (ASFA) reveals that superannuation insurance now provides critical protection to over 6 million Australians who would otherwise be uninsured. This expansion has been achieved without impacting household spending, as the coverage is included within superannuation contributions. - read more

Adore Beauty's Strategic Acquisition of Ikou Enhances Market Presence

25 Dec 2025: Paige Estritori

In a significant move within the Australian beauty industry, Adore Beauty has announced the acquisition of wellness and skincare brand Ikou for $25 million. This strategic decision aims to bolster Adore Beauty's private label offerings and marks its entry into the physical retail space. - 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 — a shield to protect against potential financial catastrophes. - read more

The Role of Insurance in Protecting Your Small Business Assets

In the bustling world of small businesses, the phrase 'expect the unexpected' captures the essence of entrepreneurship. While you can plan for success, unforeseen risks are always lurking around the corner. That's where the importance of insurance comes into play. It acts as a safeguard, protecting the lifeblood of your business against potential perils. - 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 – 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

The Cost of Public Liability Coverage: Is It Worth It?

Public liability insurance is a crucial safety net for both businesses and individuals, providing protection against the financial fallout from claims of injury or damage that your business operations might cause to third parties. This type of insurance is designed to cover legal and compensation costs, safeguarding you from unexpected financial burdens. - read more

Start Here !

Knowledgebase

Whole Life Insurance:
A type of life insurance that provides coverage for the insured's entire lifetime, with a savings component that builds cash value.

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 do not provide financial product advice or credit assistance. We act solely as an introducer and refer enquiries to licensed third-party intermediaries, insurers, and lenders - with whom you can then 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 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 always verify the credentials of your financial adviser before proceeding with recommendations that they may present. Visit the ASIC website for further information.