Not upheld: Home insurance claim disputes complaint against Admiral Insurance (Gibraltar) Limited

Decision detail

Summary

Mr N complained that Admiral Insurance improperly settled his car insurance claim as a fault claim following a collision with a third-party vehicle. Mr N argued the third party was at fault for illegally driving on the pavement. Admiral reviewed the dash cam footage and concluded that while the TPV had mounted the pavement to allow other vehicles to pass, it had moved back onto the road before impact occurred. Admiral found Mr N had failed to check for blind spots before moving from his parked position, giving him the greater duty of care. The ombudsman upheld Admiral's decision as reasonable and fair, finding the insurer properly applied its policy terms and made a prudent business decision in settling rather than pursuing uncertain court proceedings.

The Ombudsman's reasoning

The ombudsman found that Admiral reasonably applied the policy term allowing it to settle claims in the customer's name. The dash cam footage showed Mr N moved from his parked position without checking for blind spots, entering the TPV's path. Although the TPV had mounted the pavement, this did not cause the incident; Mr N's movement from his parked position did. As the party entering the road from a parked position, Mr N had the greater duty of care. Admiral's assessment that it could not successfully defend liability in court was reasonable, and settling on the best terms possible was a prudent business decision.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website