Motor Insurance

A roadside assistance provider acts reasonably if the technician's assessment that a vehicle is safe to drive to a service centre is based on the warning messages displayed and not contradicted by evidence of negligence.

Insurance intermediaries must provide clear, transparent explanations of fees and charges before purchase, and must handle cancellations with adequate clarity and fair treatment.

An insurer must conduct a fair investigation and obtain material evidence before determining liability, even though it has contractual discretion to settle claims.

An insurer must record unrecovered fault claims against the policyholder rather than a named driver who was not in control of the vehicle at the time of the incident.

An insurer must attempt to contact a customer about payment failure using multiple durable mediums before cancelling a policy, not just the customer's stated preference.

An insurer must offer a fair market value for a total loss vehicle that is sufficient to allow the consumer to purchase a replacement vehicle of the same make, model, specification, age, condition and mileage.

Motor legal expenses insurance does not cover claims relating to an agreement the policyholder has entered into with the defendant.

An insurer must correctly categorise an insured's occupation status when re-rating a policy following a change in circumstances, and should use the most accurate classification available.

An insurer must pay the cost to replace property that is lost or destroyed, assessed as what it would actually cost the policyholder to obtain a like-for-like replacement.

A misrepresentation is only qualifying under CIDRA if the insurer would have offered different terms had it known the correct information, and the questions asked must clearly establish what information is required.

An insurer must demonstrate a consumer failed to take reasonable care under CIDRA and that they would have refused or offered different terms to avoid a policy for careless misrepresentation.

Under CIDRA 2012, an insurer may avoid a policy for qualifying misrepresentation only if the consumer failed to take reasonable care, considering the clarity of questions asked and explanatory material provided.

Under CIDRA 2012, an insurer can only void a policy for misrepresentation if it was a qualifying misrepresentation and the consumer failed to take reasonable care; the insurer must prove it would have handled the policy differently with cor

Under CIDRA 2012, an insurer can cancel a policy and decline claims where a consumer fails to take reasonable care in answering material questions about vehicle ownership and the policyholder's relationship to named drivers.

Insurers must not unreasonably reject claims for breach of policy conditions unless the circumstances of the claim are connected to the breach.

Under CIDRA 2012, an insurer can only void a policy for misrepresentation if it is a 'qualifying misrepresentation' - meaning the insurer would have offered different terms or declined cover had it known the true facts.

Under CIDRA, an insurer can only void a policy for careless misrepresentation if they provide proper notice and return premiums; failure to do so means the insurer accepts liability up to the cancellation date.

An insurer may fairly cancel a policy and decline a claim when a policyholder fails to provide requested information despite clear instructions and multiple reminders.

Under CIDRA 2012, an insurer can only avoid a policy for careless misrepresentation if it would not have offered the policy at all absent the misrepresentation, and the insurer must have asked clear questions to establish the misrepresentat

Under CIDRA 2012, a consumer must take reasonable care not to misrepresent facts to the standard of a reasonable consumer, not a specialist; an insurer cannot avoid a policy based on modifications the consumer was genuinely unaware of.

Under CIDRA 2012, a consumer must take reasonable care not to make a misrepresentation; a reasonable consumer would not be expected to identify non-standard cosmetic modifications as modifications if they were not clearly highlighted in veh

An insurer must investigate claims fairly and take reasonable action based on available evidence, even though it has contractual discretion to settle or defend claims as it sees fit.

Insurers must deal with claims promptly and fairly in accordance with FCA rules, and should notify policyholders before cancelling policies even where there is no insurable interest.

An insurer is liable for losses reasonably and directly caused by its negligent provision of false policy information, including consequential business losses properly evidenced.

An insurer acts reasonably by obtaining specialist legal advice on settlement prospects and accepting that advice, provided the consumer is informed of settlement consequences.

An insurer may decline a claim for damage not directly caused by the insured peril, even if the accident may have highlighted a pre-existing mechanical issue.

An insurer remains responsible for ensuring adequate oversight of outsourced legal representatives to prevent unreasonable delays in claim progression, despite the solicitors being the primary actors.

Insurers must clearly communicate cancellation charges and outstanding amounts to consumers, even though policy terms and conditions may permit such charges.

Insurers must progress claims fairly and promptly under ICOBS, and must record claims accurately to avoid unfairly inflating premiums at renewal.

Warranty terms must clearly communicate claim limits and restrictions; ambiguous wording will be interpreted in the consumer's favour.

Under CIDRA 2012, consumers must take reasonable care not to misrepresent facts when taking out insurance; if modifications were not disclosed and the insurer would have declined the claim, the insurer may be entitled to reject it.

An insurer offering a market value below the highest valuation guide must provide supporting evidence to justify that lower figure.

An insurer is not restricted to requesting validation documentation only within the statutory cooling-off period and can ask for supporting evidence at any point during the policy period.

An insurer must act fairly and promptly in validating claims and must not cause avoidable delays in the claims process.

Insurers must offer the highest valuation from standard vehicle valuation guides unless there are persuasive reasons to believe that value is an outlier, particularly when optional extras are explicitly accounted for.

An insurer cannot reasonably rely on a policy condition to decline a claim if that condition was immaterial to the loss that occurred.

A consumer's failure to disclose business ownership of a vehicle may constitute a qualifying misrepresentation under CIDRA, but the insurer must prove it would have declined or charged differently, and any misrepresentation remedy must be p

A broker must provide clear policy documentation, and a consumer bears responsibility for reading and understanding the terms, particularly regarding conditions that restrict cover such as storage requirements.

An insurer must value a written-off car at its market value using industry valuation guides, and should pay the highest guide valuation unless evidence supports a different figure.

An insurer may fairly decide to repair a vehicle rather than declare it a total loss where repair is safe and economical, but must ensure the repair process is thorough and well-managed.

An insurer must provide clear information about the consequences of non-payment and cancellation, particularly when a consumer has explicitly asked about future insurance implications.

An insurer must handle third-party claims promptly, keep the policyholder informed of material changes to claim status, and provide fair compensation for delays and service failures.

Insurers must take reasonable steps to highlight significant and onerous policy exclusions at the point of sale or renewal.

An insurer must handle customer complaints fairly, provide promised callbacks, and show appropriate empathy when dealing with distressed customers.

An insurer must offer market value settlement for total loss claims based on industry-recognised motor trade guides, and must communicate settlement changes clearly to the consumer.

An insurer must comply with a policyholder's explicit request to retain salvage and should provide fair compensation for failing to do so, particularly where this causes material loss.

An insured does not breach a duty to take reasonable care to prevent loss if they did not recognise a material risk of theft or took reasonable steps to mitigate a recognised low risk.

An insurer must pay the market value of a total loss vehicle based on independent valuation guides, taking account of make, model, age, mileage, and condition.

An insurer may treat a claim as a fault claim against its policyholder when it makes an outlay, and the insurer's decision on claim handling prevails over the policyholder's view where policy terms grant the insurer authority to conduct and

An insurer must act fairly and reasonably in claims handling, including proactively informing consumers of their policy entitlements and providing clear communication tailored to individual circumstances.

Under CIDRA 2012, an insurer must treat a policyholder's failure to disclose commuting use as a qualifying misrepresentation and apply proportionate remedies rather than declining the claim entirely.

An insurer must ensure accurate claims records are maintained and used correctly when calculating renewal premiums, with prompt correction of errors.

An insurer must act fairly and reasonably when assessing liability claims, considering all available evidence and circumstances, even though ultimate liability determination is a matter for the courts.

Where a motor warranty policy is cancelled after a claim has been made, the consumer owes only the claim amount plus cancellation fee, not the full outstanding premium.

Under CIDRA 2012, an insurer may avoid a policy for careless misrepresentation if they would not have offered it on the same terms had the consumer taken reasonable care, and must return the premium paid.

An insurer may fairly decline a claim where the driver was not a named driver on the policy at the time of the accident, even though the insurer remains liable to third parties under the Road Traffic Act 1988.

Under CIDRA 2012, consumers must take reasonable care not to make a misrepresentation when taking out insurance, and insurers can apply remedies if the misrepresentation is qualifying.

An insurer's car valuation must be fair, reasonable, and in line with policy terms, assessed against valuation guides and market evidence of comparable vehicles.

An insurer may fairly decline a claim and cancel a policy where there are material inconsistencies in the claim narrative, but must communicate cancellation dates clearly to avoid causing the consumer undue distress and financial harm.

An insurer must deal with claims fairly and efficiently, and is responsible for the acts and omissions of its claims administrator.

An insurer remains responsible for the actions of its approved repair agents and must provide fair compensation for service failures and additional damage caused during the claims process.

An insurer must pay the market value of a stolen vehicle as defined in the policy, which is the cost of replacing it with one of the same make, model, specification, year, mileage and condition, fairly assessed using valuation guides and co

The consumer must provide evidence that damage was caused by an insured event (accidental damage) rather than wear and tear or mechanical breakdown, which are not covered.

An insurer is entitled to charge policy excesses as agreed by the policyholder, even in non-fault claims, unless it chooses to waive them.

Under CIDRA, an insurer may void a policy and decline claims where a consumer makes a qualifying misrepresentation about material facts such as registered keeper status, even if careless rather than reckless.

A consumer must bring complaints to the FOS within six months of receiving a final response from the regulated firm, unless exceptional circumstances prevented compliance or the firm consents.

An insurer may void a policy from inception for deliberate misrepresentation of material facts, such as non-disclosure of a driving disqualification, provided the misrepresentation is proven and the insurer would not have accepted the risk

An insurer may fairly decline a claim and cancel a policy if the policyholder has provided false or misleading information in breach of the policy's fraud and misrepresentation condition.

An insurer may decline a claim and retain premiums where an insured has provided misleading information about the circumstances of damage, provided the insurer reasonably relies on evidence to support this decision.

Under CIDRA, an insurer may avoid a policy and retain premiums where a consumer makes a reckless misrepresentation about a material underwriting fact, such as the registered keeper of the vehicle.

A firm's later final response that reviews an earlier final response restarts the six-month time limit for bringing a complaint to the ombudsman.

Under CIDRA 2012, an insurer may void a policy for careless misrepresentation if it would not have offered the policy at all had it known the correct information.

An insurer can settle a third party claim on a fault basis if it reasonably believes a civil court would find the insured liable, regardless of criminal acquittal, provided it conducts a fair investigation based on available evidence.

Motor Legal Cover under a comprehensive insurance policy does not extend to claims arising from non-road-traffic accidents, only to losses from road traffic accidents involving a moving vehicle.

An insurer may decline cover under a legal protection policy if a suitably qualified legal opinion concludes the claim lacks reasonable prospects of success due to insufficient evidence.

An insurer is entitled to make a commercial decision to accept liability based on the strength of its legal defence, provided it considers relevant evidence fairly and acts within policy terms.

An insurer has the right to accept liability for third-party claims and conduct their settlement in accordance with policy terms and conditions.

An insurer is not responsible for the actions or advice of panel solicitors, who are separate professionals with their own regulator, but must handle claims promptly and fairly by communicating appropriately with both the consumer and solic

An insurer may decline a claim and cancel a policy where the policyholder provides inconsistent information and the damage pattern is inconsistent with the reported cause, relying on fraud and misrepresentation policy conditions.

An insurer has contractual authority to conduct investigation, defence and settlement of claims on the policyholder's behalf without requiring their prior approval for each decision.

An insurer is entitled to rely on policy terms requiring specific third-party details to be provided in order to invoke an uninsured driver excess refund promise.

Under the Consumer Insurance (Disclosure and Representations) Act 2012, a consumer must take reasonable care not to make a misrepresentation when taking out insurance, and an insurer can avoid a policy for deliberate misrepresentation.

An insurer acts fairly in declaring a vehicle a total loss when repair costs represent approximately 70% of the vehicle's market value, consistent with industry practice.

A consumer takes reasonable care not to make a misrepresentation if they answer insurance questions as a reasonable consumer would, even if supporting documents show overlapping policy periods rather than one consecutive policy.

An insurer is not obligated to provide a courtesy vehicle when a policyholder chooses to use a repairer outside the insurer's approved network, as this is a standard policy term.

A non-advised insurance intermediary must provide clear, fair and not misleading information about policy terms during the sale process, but is not obliged to specifically highlight conditions that are not unusual or unexpected.

An insurer may make a liability decision the consumer disagrees with, but must act reasonably when exercising its contractual right to conduct the defence or settlement of claims.

An insurer must keep a policyholder reasonably informed of claim developments, but cannot close a claim merely because a third party continues to communicate without providing evidence.

An insurer's premium recalculation decisions are commercial judgments that the ombudsman will not second-guess, but fairness requires that customers are not treated differently from other customers in identical circumstances.

An insurer must reasonably investigate a claim and consider available evidence fairly before deciding on liability, though the ombudsman does not determine fault itself.

An insurer may apply a proportionate settlement deduction where a consumer fails to take reasonable care to disclose material information, as provided under CIDRA 2012, provided the misrepresentation is qualifying.

An insurer must reasonably investigate and consider available evidence before deciding to settle a liability claim, but the FOS does not determine fault—only whether the insurer's process was fair and reasonable.

A policyholder bears responsibility for ensuring their vehicle is safe to drive, and an insurer is not liable for accidents resulting from a policyholder's decision to drive a visibly unsafe vehicle.

A policyholder bears responsibility for ensuring they have appropriate cover in place before undertaking activities that may exceed policy restrictions, regardless of broker communication failures.

An insurer may exercise its contractual right to manage claims in its policyholder's best interests, including making early liability decisions based on Highway Code provisions and prospect of success, provided it acts reasonably and in pro

An insurer's vehicle valuation must be fair and reasonable at the time of loss, assessed against the guidance applicable at that time, not retroactively applied current guidance.

Consumer complaints must be brought to the FOS within six months of a firm's final response, or the FOS cannot investigate them unless the firm consents or exceptional circumstances apply.