FOS decisions / Car Insurance
Car Insurance
Financial Ombudsman Service final decisions, reproduced verbatim from the FOS published decisions register.
Decisions
21
Upheld
5
Not upheld
16
Avg redress
£454
Upheld complaints (5)
Aioi Nissay Dowa Insurance UK Limited
DRN-5892742A GAP insurance policy's settlement must be calculated according to its terms and conditions, which specify payment of the difference between vehicle value and purchase price, regardless of any maximum benefit figure or verbal assurances th
UpheldRedress £450Decision DRN-6095278
An insurer must act fairly and reasonably in handling claims, and policy terms must be clearly communicated and applied consistently.
UpheldRedress £200U K Insurance Limited
DRN-6160544Insurers must handle claims promptly and fairly, and repair works must be completed to an acceptable standard in accordance with manufacturer specifications.
UpheldRedress £650Decision DRN-6269272
End-of-contract vehicle damage charges must be assessed against industry fair wear and tear guidance, with charges only justified where damage is properly evidenced and exceeds the permitted thresholds.
UpheldAccredited Insurance (Europe) Ltd
DRN-5553287Under CIDRA 2012, an insurer can only avoid a policy for misrepresentation if the consumer failed to take reasonable care and the misrepresentation was qualifying, requiring the insurer to show it would have refused or offered different ter
UpheldRedress £1,000
Not-upheld complaints (16)
Decision DRN-6210552
Lenders must carry out reasonable and proportionate checks to assess creditworthiness before providing credit, scaled to the type, amount, and term of the lending.
Not upheldOct 2025Decision DRN-6264688
An insurer may exercise discretion in settling claims fairly and reasonably, but must base liability decisions on a proper investigation and reasonable assessment of likely court outcomes.
Not upheldHighway Insurance Company Limited
DRN-6263755Under CIDRA 2012, an insurer may void a policy and retain premiums if a consumer made a deliberate or reckless qualifying misrepresentation about their claims history when applying for insurance.
Not upheldDecision DRN-6096593
A broker may charge non-refundable arrangement and cancellation fees provided these are clearly disclosed in the terms and conditions before purchase and are proportionate to the service provided.
Not upheldDecision DRN-5846229
An insurer may settle claims within its discretion under policy terms, provided it acts fairly and reasonably in considering evidence and expert assessment.
Not upheldDecision DRN-6187028
A insurer is not responsible for providing replacement vehicles where the policy does not include courtesy car cover, and referral to credit hire does not create such an obligation.
Not upheldBlack Horse Limited
DRN-6242077A lender must carry out proportionate checks to ensure lending is not irresponsible or unaffordable, but less thorough checks are reasonable in early stages of a lending relationship.
Not upheldMercedes-Benz Financial Services UK Limited
DRN-6220612A lender must carry out proportionate affordability checks before lending, taking into account the borrower's income, committed expenditure, and credit history.
Not upheldDecision DRN-6237340
A lender must conduct proportionate affordability checks before lending, including verification of income and living costs where appropriate given the circumstances.
Not upheldMarshmallow Insurance Limited
DRN-6165023Under CIDRA 2012, a consumer must take reasonable care not to misrepresent facts when taking out insurance; if a reckless misrepresentation is proven and the insurer would not have offered cover at all, the insurer may avoid the policy enti
Not upheldDecision DRN-6043796
An ombudsman can award compensation for distress and inconvenience caused by poor service, but cannot fine or punish an insurer; the level of compensation awarded must be fair and reasonable for the impact caused.
Not upheldDecision DRN-6147344
Key cover claims for unexplained damage are properly declined where wear and tear or manufacturing defect are more likely causes than accidental damage.
Not upheldDecision DRN-6194962
An insurer is not liable for damage unless there is evidence the damage was caused by its agent's actions, not pre-existing wear and tear.
Not upheldDecision DRN-6086233
An insurer may fairly decline a theft claim where the policy terms explicitly exclude loss when the car and keys are under the custody or control of someone not covered under the policy.
Not upheldWakam UK Ltd
DRN-6054699When an insurer makes a mistake, the consumer should be placed in the position they would have been in but for the mistake, not in a more favourable position; policy terms permitting premium deduction upon claim are fair and enforceable.
Not upheldAdvantage Insurance Company Limited
DRN-5950506An insurer's contractual right of subrogation permits it to take legal proceedings in the policyholder's name to recover costs paid out on a claim, provided this right is included in the policy terms.
Not upheld