Not upheld: claim handling and liability decision complaint against AXA Insurance UK Plc

Decision detail

Summary

Mr T complained about AXA's handling of his car insurance claim following a roundabout collision and AXA's decision that he was at fault. Mr T believed the third party was responsible and claimed they admitted fault at the scene. AXA settled the claim on the basis that Mr T was at fault, relying on an independent witness statement and damage patterns that supported this conclusion. The ombudsman found AXA acted fairly and reasonably in its liability assessment within its policy rights, and that the £100 compensation already paid for poor communication was appropriate. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that while Mr T's frustration was understandable given the third party appeared to pull onto the roundabout in front of him, the independent witness's description of the collision was persuasive and explained the damage patterns. In the absence of further independent evidence like CCTV or dashcam footage, AXA's liability decision could not be deemed unfair. AXA acted within its policy rights to decide liability and reviewed the claim thoroughly. The £100 compensation for poor communication was fair and in line with FOS guidelines.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website