Not upheld: claim settlement and liability determination complaint against Aviva Insurance Limited

Decision detail

Summary

Mr C complained about Aviva's decision to settle his motor insurance claim as a fault claim following a roundabout accident. Aviva held Mr C liable because dashcam footage showed he changed lanes immediately after the roundabout without ensuring it was safe, while the third party was lawfully travelling in an overtaking lane. The ombudsman found Aviva conducted an appropriate investigation, reasonably considered the evidence and Mr C's arguments, and fairly exercised its contractual right to settle the claim. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that Aviva was entitled to settle the claim under the policy term allowing it to conduct defence or settlement of claims. The ombudsman determined that Aviva carried out an appropriate investigation and based its decision reasonably on the evidence. The dashcam footage clearly showed Mr C initiated a lane change without ensuring it was safe to do so, while the third party was lawfully travelling in an overtaking lane. Mr C had a duty of care to ensure the lane was clear before changing, which he failed to do.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website