Not upheld: claim handling, liability decision, total loss assessment, vehicle retention complaint against Haven Insurance Company Limited

Decision detail

Summary

F, a limited company, complained about Haven Insurance's decision to accept liability and settle a third-party claim following a collision where F's vehicle struck the rear of a third-party van in November 2025. F disagreed with the total loss categorization and liability acceptance, arguing Haven had not properly considered video footage and messages provided. Haven conducted both desktop and in-person inspections supporting the total loss decision and maintained their liability position in final responses issued in December 2025 and January 2026. The Ombudsman found Haven's liability decision and claim handling were fair and reasonable, as insurers are entitled to make commercial decisions based on prospects of successfully defending claims, and no compelling evidence of fraud was presented. The complaint was not upheld and no financial remedy was awarded.

The Ombudsman's reasoning

The Ombudsman found that Haven was entitled to make a commercial decision about defending the claim based on the prospects of success. Since F's vehicle struck the rear of the third-party van and there was no compelling evidence of fraud, Haven's liability decision fell within the range of reasonable outcomes. Haven's claim handling processes, including the total loss assessment through desktop and physical inspections, were fair and reasonable. The Ombudsman could not consider complaints raised after Haven's final responses or new points Haven had not yet addressed, as these fell outside the scope of the original complaint.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website