Not upheld: liability determination and investigation adequacy complaint against Liverpool Victoria Insurance Company Limited

Decision detail

Summary

Mr L complained that LV unfairly determined his named driver was liable for a motor accident at a T junction where she was turning right. LV had obtained solicitor advice concluding a court would likely find the named driver at fault for failing to ensure the road was clear before making her manoeuvre. Mr L argued LV should have investigated the third party's driving history, licence details and insurance status, and that LV reached its decision prematurely. The ombudsman upheld LV's decision, finding that driving history is irrelevant to liability assessment, that the damage patterns confirmed the third party was already in the named driver's path, and that the solicitor's expert advice was properly considered and reasonable.

The Ombudsman's reasoning

The ombudsman determined that liability is decided by assessing who made an unsafe manoeuvre, not by investigating driving history or other irrelevant factors. The damage patterns showed the third party had already passed the front of the named driver's car, demonstrating the road was not clear when she attempted her right turn. Under the Highway Code, the responsibility was on the named driver to ensure the road was clear and safe before making her manoeuvre. The solicitor's expert advice that a court would likely find the named driver at fault was reasonable and properly considered.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website