Partially upheld: Service failures generally complaint against Aviva Insurance Limited
Financial Ombudsman decision DRN-6300759 of 2026-06-26T00:00:00+00:00. Service failures generally complaint against Aviva Insurance Limited. Outcome: Partially upheld.
Decision detail
| Reference | DRN-6300759 |
|---|---|
| Decision date | 2026-06-26T00:00:00+00:00 |
| Firm | Aviva Insurance Limited |
| Product | Home insurance |
| Claim type | Service failures generally |
| Outcome | Partially upheld |
| Remedy | Aviva Insurance Limited to: (1) Treat both storm events as one claim with no second excess payment required, paying Mr G £689.59 in lieu of rectifying the poor workmanship from the first repair; (2) Pay £100 compensation for distress and inconvenience caused by the ongoing nature of the claim and delays in claim handling. |
Summary
Mr G claimed compensation from Aviva Insurance Limited for poor workmanship on car port repairs following storm damage. After a second storm revealed similar damage, Mr G complained that the initial repair was unsatisfactory. Aviva's investigation was inadequate, but two independent contractors confirmed incorrect bolt sizes were used in the first repair. Mr G subsequently had the entire car port replaced at over £4,000 without Aviva's approval and requested Aviva contribute £3,500. The ombudsman partially upheld the complaint, finding the initial repair was unsatisfactory but that Mr G prejudiced the claim by replacing the car port without approval, limiting Aviva's liability to £689.59 for proper repairs plus £100 compensation.
The Ombudsman's reasoning
The ombudsman concluded that Aviva's initial repair was unsatisfactory because two independent contractors confirmed the bolts used were too small, establishing a breach of workmanship standards. However, Mr G prejudiced the claim by replacing the entire car port without obtaining Aviva's approval, thereby preventing Aviva from exercising its right to rectify the poor workmanship. The ombudsman found insufficient evidence that the car port could not be repaired or that immediate replacement was necessary. Therefore, the appropriate remedy was to pay the cost of what the proper repairs would have been (£689.59) rather than contribute to the full replacement cost.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Aviva Insurance Limited, all decisions | 5,113 | 27% |
| Service failures generally, all decisions | 34,193 | 32% |
| Home insurance, all decisions | 20,959 | 38% |
Source
Read the original decision on the Financial Ombudsman Service website