Car Insurance

An insurer need not investigate a claim or preserve evidence when a policyholder reports an accident as notification only and explicitly states they do not wish to claim.

Insurers have a duty to take reasonable steps using multiple communication methods to notify customers of policy lapse, given the serious legal consequences of driving uninsured.

Under the Consumer Rights Act 2015, goods supplied under a hire purchase agreement must be of satisfactory quality, and if faulty, the trader must repair or replace them within a reasonable time without significant inconvenience to the cons

An insurer may fairly deduct salvage fees when a policyholder keeps a total loss vehicle, but only to recover the actual loss it would have received from its salvage agent, not to make a profit.

An insurer must handle claims promptly and fairly, and compensation for poor claims handling should be proportionate to the distress and inconvenience caused.

An insurer remains responsible for keeping policyholders reasonably updated on claim progress even after passing the matter to solicitors, though timeframes for court proceedings are outside the insurer's control.

A financial ombudsman can only consider complaints referred more than six months after a final response if exceptional circumstances apply, and must assess whether later responses reset or extend this limitation period.

An insurer must apply policy terms correctly and value a vehicle fairly using industry-recognised valuation guides, and must communicate appropriately with policyholders during claims handling.

An insurer must properly investigate a claim and reach its settlement decision in a reasonable way, even when the policy permits the insurer to make decisions the customer disagrees with.

An insurer is entitled to make commercial decisions about claim settlement, but must reasonably investigate claims and consider available evidence before determining liability.

An insurer must clearly communicate policy terms including excess amounts and the consequences of claim notifications on insurance records, even if claims are withdrawn.

Non-advised insurance sales must communicate information in a way that is clear, fair and not misleading to enable consumers to make informed decisions.

An insurer must pay the market value of a car based on the highest of the main motor trade guides unless there is persuasive evidence to justify paying lower.

Insurers must exercise claims settlement discretion fairly and reasonably, with due care and diligence, treating their customer's interests fairly.

Lenders must complete reasonable and proportionate checks to verify a borrower's income before approving consumer credit, particularly for large loans over extended periods.

A finance provider is responsible for ensuring post-supply faults are handled fairly and within a reasonable timeframe under the Consumer Rights Act 2015, and cannot simply redirect consumers to dealers without maintaining active oversight.

In a volatile used car market, insurers must pay the highest valuation from motor guides unless they provide compelling evidence to justify a lower offer.

A supplier must provide goods of satisfactory quality under hire purchase agreements, and repair is a reasonable remedy before rejection is permitted.

A 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

An insurer must act fairly and reasonably in handling claims, and policy terms must be clearly communicated and applied consistently.

Insurers must handle claims promptly and fairly, and repair works must be completed to an acceptable standard in accordance with manufacturer specifications.

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.

Under 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

Lenders must carry out reasonable and proportionate checks to assess creditworthiness before providing credit, scaled to the type, amount, and term of the lending.

Compensation for service failure should reflect the actual impact on the customer, including distress, inconvenience, and financial loss, rather than being punitive.

An insurer's decision to treat a vehicle as a total loss under policy terms is fair where repair costs are a high percentage of pre-accident value, even if a third party's insurer offers repair.

An insurer is entitled to decline a claim where the insured has failed to provide sufficient evidence demonstrating that the loss is covered by the policy and that the insurer is liable.

A lender must carry out proportionate affordability checks before lending, but if actual repayment occurred, failure to verify living costs does not necessarily render the lending irresponsible.

An insurer is entitled under policy terms to settle claims as it sees fit, provided it reasonably investigates and considers available evidence before making a liability decision.

An insurer may fairly decline a theft claim where the policyholder left the vehicle unoccupied with keys in the ignition, as this breaches the policy's clear protection requirements.

Insurers signed up to the CUE database are required to record all reported incidents, including notification-only reports, regardless of whether a claim is ultimately made.

An insurer is entitled under policy terms to settle claims in the policyholder's name without consent, provided it acts fairly and bases decisions on facts and evidence.

A claim is only payable if an insured event has occurred under the policy terms; if no insured event has occurred, the claim is not covered regardless of exclusions.

An insured cannot retain overpayments from an insurance settlement and must repay duplicated payments despite insurer errors in claims handling.

A financial services provider can reasonably require verification measures to ensure a disabled customer scheme is being used as intended, where risk factors have been identified.

Roadside breakdown engineers are not required to know the exact location of every component on every car model, and repairs involving steering system components cannot safely be performed at the roadside.

A used car supplied under a hire purchase agreement must be of satisfactory quality, but normal wear and tear commensurate with the car's age and mileage is not a breach of this obligation.

Policyholders must take reasonable care of insured devices and cannot leave them unattended in unlocked bags in public places without supervision.

An insurer may fairly decline a claim where there are material inconsistencies in the claimant's account and insufficient independent verification of the loss.

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.

Under 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.

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.

An insurer may settle claims within its discretion under policy terms, provided it acts fairly and reasonably in considering evidence and expert assessment.

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.

A 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.

A lender must carry out proportionate affordability checks before lending, taking into account the borrower's income, committed expenditure, and credit history.

A lender must conduct proportionate affordability checks before lending, including verification of income and living costs where appropriate given the circumstances.

Under 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

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.

Key cover claims for unexplained damage are properly declined where wear and tear or manufacturing defect are more likely causes than accidental damage.

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.

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.

When 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.

An 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.