Not upheld: unfair treatment following road traffic collision; scope of insurance obligations; failure to provide legal expenses cover complaint against AXA Insurance UK Plc

Decision detail

Summary

Mrs P complained that AXA Insurance treated her unfairly following a road traffic collision, claiming AXA should have provided legal expenses insurance, intervened with her Solicitors, and made reasonable adjustments for vulnerability. The ombudsman found that AXA's obligations were limited to motor insurance only, which was sold through a broker. Since Mrs P did not have legal expenses insurance with AXA and her claims were either uncovered or handled by a third party insurer, AXA had no obligation to assist with these matters. The ombudsman noted that AXA actually went beyond its obligations by attempting to help Mrs P. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that AXA's obligations to Mrs P were limited to providing motor insurance cover. Since Mrs P did not have legal expenses insurance with AXA, and the claims were either not covered by AXA's policy or were settled by a third party insurer, AXA had no obligation to handle these matters. AXA actually went beyond its obligations by making calls to assist Mrs P. The ombudsman rejected claims of discrimination and failure to identify vulnerability, noting that AXA's role was limited and Mrs P did not request specific adjustments.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website