Not upheld: Motor insurance, claim handling complaint against AXA Insurance Plc

Decision detail

Summary

Mr W complained that AXA Insurance mishandled two motor insurance claims. In the first accident (August 2021), AXA accepted full liability when Mr W's car was hit while he was towing a caravan and turning from a car park. In the second accident (June 2022), AXA split liability 50/50 when a lorry hit Mr W's stationary car at a roundabout. The ombudsman found that AXA fairly applied its contractual right to decide liability in both cases, as Mr W's impaired line of sight in the first accident and the inconclusive damage evidence in the second accident both supported AXA's decisions. The complaint was not upheld.

The Ombudsman's reasoning

Motor insurance policies typically allow insurers to decide how to handle third-party claims, and the ombudsman will consider whether this has been applied fairly. For the first accident, Mr W towing a caravan into the middle lane in front of stopped vehicles impaired his line of sight into the left lane, making AXA's decision to accept liability reasonable. For the second accident, while the damage pattern suggests Mr W's car was moving more slowly than the lorry, the damage alone does not conclusively show road positioning or manoeuvres of each vehicle, making the 50/50 split liability decision fair. Additionally, a different liability split would not have changed the effect on Mr W's claims record or premiums.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website