Partially upheld: claim handling delay; failure to pursue timely recovery of claim costs; inadequate guidance on personal injury claims complaint against Aviva Insurance Limited trading as Quotemehappy.com
Financial Ombudsman decision DRN-6196794 of 2026-05-05T00:00:00+00:00. claim handling delay; failure to pursue timely recovery of claim costs; inadequate guidance on personal injury claims complaint against Aviva Insurance Limited trading as Quotemehappy.com. Outcome: Partially upheld.
Decision detail
| Reference | DRN-6196794 |
|---|---|
| Decision date | 2026-05-05T00:00:00+00:00 |
| Firm | Aviva Insurance Limited trading as Quotemehappy.com |
| Product | motor insurance |
| Claim type | claim handling delay; failure to pursue timely recovery of claim costs; inadequate guidance on personal injury claims |
| Outcome | Partially upheld |
| Remedy | £450 compensation for unnecessary delay in settling liability (previously offered by Aviva and upheld by ombudsman). No additional compensation for loss of opportunity to pursue personal injury claim. |
Summary
Miss H claimed on her motor insurance policy with Aviva following a non-fault road traffic collision in April 2022. Liability was not settled until October 2025 (over 3 years later), and when Miss H then attempted to pursue a personal injury claim with the third-party insurer, she was told the claim was out of time under the 3-year limitation period. Miss H complained that Aviva's delays caused her to lose the opportunity to pursue the personal injury claim. The ombudsman upheld the complaint regarding the unnecessary 700+ day delay in settling liability and confirmed £450 compensation was appropriate, but rejected the claim that Aviva caused the loss of opportunity because Miss H did not have motor legal protection cover, was clearly advised of this, and could have pursued a personal injury claim independently at any time.
The Ombudsman's reasoning
The ombudsman upheld the complaint regarding the delay in settling liability, finding 700+ days of unnecessary delay was outside Miss H's control and £450 compensation was fair. However, the ombudsman rejected the claim that Aviva caused loss of opportunity for personal injury claim because: (1) Miss H did not have motor legal protection cover and Aviva clearly advised this on 27 April 2022; (2) Aviva provided basic information enabling Miss H to start a personal injury claim; (3) there was no evidence Aviva told Miss H to wait until liability was settled before pursuing a personal injury claim; (4) Miss H could have started proceedings soon after the collision; (5) Aviva had no duty to remind her of the 3-year limitation period as it was not kept updated on her medical condition; and (6) the delay in settling liability did not prevent her from making the claim within the limitation period.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Aviva Insurance Limited trading as Quotemehappy.com, all decisions | 3 | 17% |
Source
Read the original decision on the Financial Ombudsman Service website