Uninsured Driver Denied Compensation in Dispute with QBE

2

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

Share this news item:

Insurance News

Clear

Allianz and AWP Face Hefty Penalties for Misleading Insurance Claims 01 Apr 2025: Paige Estritori The Supreme Court of New South Wales has imposed significant criminal penalties on Allianz Australia Insurance Ltd and AWP Australia Pty Ltd. Allianz received a $13.5 million fine, while AWP was fined $3.3 million. These penalties were for falsely or misleadingly promoting financial products online, breaching sections 1041E(1) and 1311(1) of the Corporations Act 2001. - read more

AFCA Rules in Favour of Owners in Lift Vandalism Dispute 28 Mar 2025: Paige Estritori In a landmark decision, the Australian Financial Complaints Authority (AFCA) has mandated that Chubb Insurance replace the hoist ropes of two lifts in an apartment block, following damage attributed to vandalism. The owners' corporation successfully argued that the damage to the lifts was part of a previously recognized vandalism incident. - read more

NSW Government Targets Predatory Practice of Claim Farming 28 Mar 2025: Paige Estritori The New South Wales Government is taking decisive action against 'claim farming', a predatory practice that exploits vulnerable individuals by pressuring them to file compensation claims. This practice often involves unethical tactics targeting susceptible groups, including child abuse survivors. To combat this, the government is set to introduce the Claim Farming Practices Prohibition Bill 2025. - read more

RAA Partners with Duck Creek for Major Tech Overhaul 27 Mar 2025: Paige Estritori The Royal Automobile Association (RAA), a leading motoring group in South Australia, is set to revamp its technology infrastructure by adopting Duck Creek's OnDemand cloud platform. This strategic transition will see RAA's outdated systems for motor and home insurance transformed to include streamlined policy, rating, billing, and claims management, as well as enhanced data handling and insights capabilities. - read more

Consumer Advocates Criticise Insurers Over 'Poverty Premiums' and 'Loyalty Taxes' 26 Mar 2025: Paige Estritori Consumer advocacy groups have voiced strong opposition to the insurance industry's decision to reject recommendations designed to eliminate practices that disadvantage consumers, including charging higher rates for monthly bill payments and increasing renewal premiums for loyal customers. The Financial Rights Legal Centre has cited ongoing reports from consumers being adversely affected by these pricing practices, which they refer to as a 'poverty premium' and a 'loyalty tax.' - read more