Partially upheld: Motor insurance, claim handling complaint against UK Insurance Limited trading as Churchill

Decision detail

Summary

Ms A complained that her motor insurer UKI unfairly held her fully liable for a collision that occurred when she was exiting a parked position and the third party was reversing into a parking spot. UKI initially assessed the case as 50-50 liability but changed its decision to full liability on Ms A after reviewing CCTV footage obtained five months after the incident. The ombudsman upheld the complaint in part, finding that while UKI's liability decision was fair and reasonable based on the CCTV evidence, UKI had failed in its communication with Ms A and caused delays in obtaining the footage. The ombudsman awarded an additional £75 compensation (totalling £150) for these service failures, but rejected Ms A's challenge to the liability decision itself.

The Ombudsman's reasoning

The ombudsman determined that UKI's liability decision was fair and reasonable based on a thorough assessment of the CCTV footage. The footage clearly showed that the third party was established on the main road performing a parking manoeuvre, while Ms A was emerging from a parked position and had a duty to ensure it was safe before pulling out. Drivers emerging from parked positions are generally expected to give way to traffic already on the road. The ombudsman found that even if Ms A sounded her horn, this would not remove her responsibility to ensure it was safe before moving into the road. The apparent second collision further supported UKI's liability decision. However, the ombudsman upheld the complaint in part due to communication failures and delays in obtaining the CCTV footage, though most delays were caused by the local authority.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website