AXA Insurance UK PLC · DRN-5993119

The complaint Mr J is complaining about AXA Insurance UK PLC (AXA) decision to accept liability following an accident he was involved in, under his motor insurance policy. What happened In September 2025, Mr J’s vehicle was involved in an accident. Mr J explained at the time he was joining a motorway in a filter lane which was coming to an end, and when he joined the motorway, a lorry suddenly accelerated and struck him on the rear-right of his car. After considering the available evidence AXA decided Mr J was at fault for the accident. It concluded it couldn’t defend the claim if it were to go to court. AXA also referred to specific provisions of the Highway Code and confirmed Mr J had a duty of care to ensure he was pulling onto the motorway safely. Mr J was unhappy at AXA’s decision on liability, maintaining he wasn’t at fault for the accident and bought his complaint to us. Our Investigator didn’t recommend the complaint should be upheld. They thought AXA had been fair and reasonable and had considered the evidence available before admitting liability. They were satisfied AXA had acted in line with the policy terms and conditions. Mr J replied asking for an Ombudsman to review his complaint, so his complaint has come to me for a final decision. What I’ve decided – and why I’ve considered all the available evidence and arguments to decide what’s fair and reasonable in the circumstances of this complaint. Having done so, I’m not upholding it. Firstly, I acknowledge I’ve summarised Mr J’s complaint in less detail than he’s set out. Mr J has raised several reasons why he’s unhappy with the way AXA has handled this matter. I’ve not commented on each and every point he’s raised. Instead, I’ve focussed on what I consider to be the key points I need to think about. I don’t mean any discourtesy by this, it simply reflects the informal nature of this Service. Mr J doesn’t think it’s fair for him to be liable for the claim, he maintains he was joining the motorway in a filter lane which was coming to an end at the time the third-party hit him. I acknowledge what Mr J has said about the circumstances of the accident - that he wasn’t at fault for the accident. I don’t doubt the strength of his feeling on this issue. But it isn’t our role to decide who was responsible for causing the accident. That is the role of the courts. Instead, our role in complaints of this nature is to investigate how the insurer made the decision to settle the claim. Did it act fairly and reasonably and in line with the terms and conditions of the policy?

-- 1 of 2 --

Mr J’s policy allows AXA to take over, defend, or settle any claim under the policy. This is a common term in motor insurance policies, and I do not find it unusual. However, we expect an insurer to reasonably investigate a claim and consider the evidence available before making its decision on liability. I’ve taken into account Mr J’s comments – in particular, he was joining the motorway using a filter lane and the third party hit him on the side-right rear. Looking at the evidence available when considering AXA’s handling of the incident, it does indicate their consideration of the circumstances of the accident, including Mr J’s version of what happened. I appreciate Mr J has provided some witness statements from his family who were in the car at the time. However, AXA has confirmed that it would’ve discounted these as Mr J’s family were passengers in his car, and there wasn’t any independent witness evidence about the accident when it happened, or dashcam or CCTV footage showing the accident as it happened to support what Mr J has said. In the circumstances, I don’t think it was unreasonable for AXA to conclude Mr J was liable for the accident. It has referred to the provisions of the Highway Code that placed the onus on Mr J to give priority to traffic already on the motorway, when approaching from a road on the left or from an adjoining motorway. While Mr J has said the driver of the third-party vehicle suddenly accelerated before hitting him on the rear right. AXA set out that there isn’t any independent evidence to prove this was the case. And I don’t think it was unreasonable for it to have concluded as such. AXA considered the evidence and thought it would be unlikely to successfully defend the matter in court. So it admitted liability, and it was entitled to do so under the policy’s terms and conditions. Whilst I acknowledge Mr J doesn’t agree with AXA’s decision to settle, as I said above, it was entitled to make the decision to do so, and I’m satisfied AXA has taken everything into account before it reached the decision it did. I don't think it's acted unfairly in the way it's handled Mr J’s claim. My final decision My final decision is that I do not uphold this complaint. Under the rules of the Financial Ombudsman Service, I’m required to ask Mr J to accept or reject my decision before 14 April 2026. Lorraine Ball Ombudsman

-- 2 of 2 --