Not upheld: unfair claim settlement and handling delays complaint against UK Insurance Limited trading as Churchill (UKI)

Decision detail

Summary

Mr H complained that UKI unfairly settled his car insurance claim on a 50/50 shared liability basis and caused unnecessary delays. Mr H believed he was not at fault and had exchanged details with the TP at the scene. UKI acknowledged some avoidable delays but argued the settlement was fair given the limited evidence and the TP insurer's non-cooperation. The ombudsman found that without independent witnesses or dash cam footage, the 50/50 settlement was reasonable and in line with the policy. Although UKI could have been more proactive, this would not have changed the outcome, and the £200 compensation for delays was deemed appropriate.

The Ombudsman's reasoning

The ombudsman found that while UKI could have been more proactive in chasing the TP insurer, it was not unreasonable to settle on a shared liability basis given the limited evidence available. The photos provided by Mr H showed the TPV but did not prove the TP was 100% at fault. Without independent witnesses or dash cam footage, and given the TP insurer's lack of cooperation, the 50/50 settlement was a reasonable outcome. The ombudsman noted that even if UKI had chased more regularly, it would not have changed the outcome. The £200 compensation for delays was considered reasonable and in line with similar cases.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website