Not upheld: unfair claim management and settlement; failure to provide clear explanation of claims process and decision-making complaint against AXA Insurance UK Plc

Decision detail

Summary

Mr B complained that AXA unfairly managed and settled a third-party claim on his motor insurance policy following a minor incident with a van. AXA settled the claim finding Mr B fully liable, and Mr B disputed this decision and complained that AXA refused to provide third-party claim documentation. The ombudsman found that AXA followed fair procedures by obtaining both initial and senior legal opinions, and that the policy terms gave AXA discretion to settle claims. The ombudsman determined that third-party personal information could not be disclosed and that the £75 compensation already awarded by AXA for lack of clarity and incorrect information was fair, therefore not upholding the complaint.

The Ombudsman's reasoning

The ombudsman found that AXA followed fair procedures by obtaining both an initial and senior legal opinion on the conflicting accounts of the incident. The policy terms clearly gave AXA discretion to settle claims without Mr B's permission. The ombudsman noted that third-party personal information is not generally provided due to data protection considerations, and this would not have changed the outcome. The £75 compensation for lack of clarity and incorrect information about document provision was deemed appropriate.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website