Not upheld: unfair liability assessment and claim handling complaint against Admiral Insurance Company Limited

Decision detail

Summary

Mr H complained that Admiral unfairly assessed him as 100% liable following a collision in a car park where he was reversing out of a parking space and collided with a third-party vehicle that was driving forwards. Mr H believed liability should be shared, potentially on a 50/50 basis. The ombudsman found that Admiral investigated the claim fairly and reached a reasonable outcome, noting that a reversing driver has greater duty of care and that without independent evidence, proving shared liability in court would be difficult. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman noted that while it is not the FOS's role to determine liability, it can assess whether the firm investigated fairly and reached a reasonable outcome. Admiral's policy terms entitled it to conduct the investigation and settlement of claims. The ombudsman found that Admiral's position that a reversing driver has greater duty of care was reasonable, and that Admiral, as experts in such cases, could reasonably assess the likelihood of court success and decide to settle accordingly. Without independent evidence, proving shared liability in court would be difficult, and Admiral had a responsibility to keep costs low.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website