Not upheld: claims handling - failure to offer choice of solicitor and delays in responding to request for alternative representation complaint against Aviva Insurance Limited
Financial Ombudsman decision DRN-6337259 of 2026-05-21T00:00:00+00:00. claims handling - failure to offer choice of solicitor and delays in responding to request for alternative representation complaint against Aviva Insurance Limited. Outcome: Not upheld.
Decision detail
| Reference | DRN-6337259 |
|---|---|
| Decision date | 2026-05-21T00:00:00+00:00 |
| Firm | Aviva Insurance Limited |
| Product | legal expenses insurance |
| Claim type | claims handling - failure to offer choice of solicitor and delays in responding to request for alternative representation |
| Outcome | Not upheld |
| Remedy | No remedy ordered. The ombudsman decided not to uphold the complaint and determined that Aviva has nothing further to do to put things right within the period covered by this complaint (until end of March 2025). |
Summary
Ms M complained to the FOS about Aviva's handling of her legal expenses insurance claim following a 2019 injury. She alleged that Aviva failed to explain her right to choose her own solicitor, appointed a panel firm that mischaracterised her injuries through expert reports, and delayed in allowing her to appoint alternative representation when she requested it in November 2024. The ombudsman found that while Aviva should have better communicated Ms M's entitlement to choose her own solicitor once proceedings were issued, she would not have likely been able to appoint an alternative firm even if Aviva had promptly advised her of this right, due to the advanced stage of the claim, disputed medical evidence, and practical difficulties with the case file. The complaint was not upheld.
The Ombudsman's reasoning
The ombudsman found that while Aviva should have clearly explained Ms M's right to choose her own solicitor when she requested it in January 2025, this did not result in actionable disadvantage. The policy terms correctly restricted the freedom to choose a solicitor to situations where court proceedings were issued, a conflict of interest existed, or the claim was complex and required a specialist. At the time of initial claim acceptance, none of these conditions applied. By November 2024 when Ms M requested a change, proceedings had been issued and she was entitled to choose her own solicitor. However, the ombudsman concluded that even if Aviva had promptly advised her of this right, she would not have likely been able to appoint an alternative firm due to: the advanced stage of the claim, the disputed medical evidence regarding injury severity, delays in obtaining the case file, and the fragmented nature of the file provided. The ombudsman noted that the actions of the panel solicitors themselves were not within the FOS's jurisdiction as they are independent professionals regulated by their own regulator.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Aviva Insurance Limited, all decisions | 5,098 | 27% |
Source
Read the original decision on the Financial Ombudsman Service website