Not upheld: claims handling - liability determination complaint against Advantage Insurance Company Limited

Decision detail

Summary

Mr G complained that Advantage Insurance mishandled his motor insurance claim following a 28 July 2025 incident where his vehicle was struck by a third party turning from a minor road. Advantage initially indicated the third party would be fully liable but later determined Mr G was partly at fault, requiring him to pay the £495 excess. The ombudsman reviewed the dashcam footage and found that Mr G was overtaking at a junction marked with no-overtaking arrows, supporting Advantage's determination of partial fault. The ombudsman concluded that Advantage acted reasonably and fairly in its liability assessment and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the principle that insurers may record fault claims against policyholders where they have made outlays and liability is not fully recovered. The ombudsman noted that the policy terms gave Advantage the right to determine how to handle third-party claims. The ombudsman reviewed the dashcam footage and found that Mr G was overtaking at a junction with no-overtaking markings, which supported Advantage's determination that a court would likely find Mr G partly at fault. Therefore, Advantage's decision to hold Mr G partly liable was reasonable and fair.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website