Uninsured Driver Denied Compensation in Dispute with QBE
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.
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.
Recent insurance-sector commentary has put cyber risk back on the small business agenda, with attention turning to invoice fraud, email compromise, stolen devices and the way criminals target everyday payment processes. For Australian tradies, this is not just an office problem. Many trade businesses now run quoting, scheduling, banking, supplier accounts and customer communication from a phone, tablet or laptop that travels between the ute, workshop and job site. - read more
Renewed attention on strata governance in New South Wales is a timely reminder that insurance disclosure is now a front-line renewal issue for owners corporations, not a back-office formality. Following recent reforms aimed at improving transparency around strata management, commissions and third-party benefits, committees are under greater pressure to understand not only what cover they are buying, but how the placement has been arranged and paid for. - read more
The latest phase of New South Wales strata reform has brought strata insurance disclosure back into practical focus, moving the issue from policy debate to renewal-season reality for owners corporations. The changes are designed to make it clearer when a strata managing agent, broker, insurer or related party receives a commission, fee or other financial benefit connected with arranging insurance. - read more
Fresh life insurance performance data from APRA points to a market that is steadier than the disrupted conditions seen in recent years, but not one where employers can afford to be passive. For CFOs, HR leaders and directors, the message is less about a single quarterly result and more about the operating environment behind corporate life insurance pricing, claims service and product design. - read more
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
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
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
Freelancers and employees can look similar in day-to-day business operations, but the legal and liability implications are different. In Australia, classification affects tax, superannuation, employment entitlements, workers compensation, workplace safety duties, insurance and contract risk. - 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.
No comments yet. Be the first to share your thoughts.