Peterkovic v QBE Insurance (Australia) Limited

[2023] QDC 220 · Kent KC DCJ

In plain language

Candice Peterkovic was injured in a car accident in August 2022 and made a claim for damages against the other driver's insurer, QBE. She said she suffered spinal injuries, a left hip injury, upper limb injuries and a psychological injury, and the insurer admitted liability. After she made a large claim for care and assistance, QBE put her under surveillance and disclosed selected still photographs and a report, suggesting her claim might be exaggerated, but refused to hand over the full 180 minutes of video footage. Peterkovic applied to the court to compel disclosure of the footage. The judge decided the surveillance did not give the insurer reasonable grounds to suspect fraud, and that the insurer had in any case given up its right to withhold the footage by choosing to disclose parts of it. The court ordered QBE to provide the full footage. This was a pre-trial procedural ruling and did not decide her damages.

Incident & injury

Injured as a result of a motor vehicle accident when the other vehicle (insured by the respondent) collided with hers

Diagnoses
Spinal injuries, Left hip injury, Upper limb injuries, Psychological injury
Incident date
26 August 2022

Quick facts

Date of judgment
29 November 2023
Claim type
MAIA
Proceeding
Interlocutory
Plaintiff outcome
Successful
Plaintiff age at injury
~28 (inferred)
Occupation
Executive assistant Clerical & Administrative Worker

Outcome

The applicant's interlocutory application succeeded. The court ordered the respondent insurer to disclose 180 minutes of surveillance footage, finding there were no reasonable grounds to suspect fraud and, in any event, the insurer had waived its s 48(3) right of non-disclosure by partially disclosing the material.

Defendant

1 QBE Insurance (Australia) Limited

CTP Insurer

Judgment against this defendant
$0

Key issues

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Peterkovic v QBE Insurance (Australia) Limited [2023] QDC 220

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