Not upheld: Motor insurance, claim handling complaint against Advantage Insurance Company Limited

Decision detail

Summary

Mr H complained about Advantage Insurance Company Limited's decision to settle his motor insurance claim on a 50/50 split liability basis following a June 2025 accident where both he and a third-party driver emerged from minor roads onto a main road and collided. Mr H disputed Advantage's interpretation of the road markings and application of Highway Code Rule 172, arguing he had no obligation to give way. The ombudsman found that Advantage conducted a reasonable investigation, reasonably interpreted the broken white line as a 'Give Way' marking, and fairly concluded both drivers shared responsibility based on CCTV evidence showing neither came to a complete stop. The ombudsman upheld the £80 compensation for poor customer service and rejected the complaint, finding Advantage acted fairly and in line with policy terms.

The Ombudsman's reasoning

The ombudsman determined that Advantage carried out a reasonable investigation considering all available evidence, including both parties' accounts, the Highway Code, and CCTV footage. The ombudsman found it reasonable for Advantage to interpret the single broken white line as a 'Give Way' marking under Highway Code Rule 172, which requires giving way to all traffic on the main road when emerging from a junction. The ombudsman noted that Advantage's liability decision was made upon receiving new information from the third party insurer, not based on the initial circumstances Mr H reported, and that Advantage is entitled to consider the likely court outcome when settling claims.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website