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Legal guidance conflict of interest - policy wording

30 replies

TheRACDamagedOurCar · 20/04/2026 13:35

Any legal bods available to advise?

I called our home insurance legal helpline to get support with a case im building against RAC, and they told me they could not help as they are the RAC! to I called our home insurance legal helpline (quotemehappy / aviva) to get support with a case im building against RAC, and they told me they could not help as they are the RAC! (it doesnt say this in the policy, i was advised this verbally)

they pointed me to this policy clause:

"they will not pay: disputes between you and us or Arc where the dispute relates to this cover"

they claim that means they will not pay disputes between "you and us".

I maintain that is only specifically where the dispute is about my home insurance (where the legal cover comes from) and not in all cases. because there is no comma in the sentence.

there is another clause:

  1. Claims a. Freedom to choose your lawyer (i) If court proceedings are issued, there is a conflict of interest or if we consider the claim to be complex and requiring a specialist lawyer, you are free to choose your own lawyer by sending us their name and address"

I should get to choose my own lawyer. however they insist that this is only if AVIVA accept the claim and if i issue court proceedings. I maintain that because a conflict of interest has been identified, this meets the requirements.

Can anyone help please?

OP posts:
prh47bridge · 20/04/2026 20:47

TheRACDamagedOurCar · 20/04/2026 20:39

My dispute isn’t against Aviva though hence my confusion

The two are related in that Aviva breakdown cover is actually provided by the RAC. However, if you purchased your breakdown cover directly from the RAC you appear to have a case. Whoever said Aviva are the RAC was wrong. Aviva used to own the RAC, but they sold it in 2015. I would therefore question this.

TheRACDamagedOurCar · 20/04/2026 20:49

prh47bridge · 20/04/2026 20:47

The two are related in that Aviva breakdown cover is actually provided by the RAC. However, if you purchased your breakdown cover directly from the RAC you appear to have a case. Whoever said Aviva are the RAC was wrong. Aviva used to own the RAC, but they sold it in 2015. I would therefore question this.

That is the case. I am awaiting a reply from ArcLegal in any case, but now I wonder if Aviva (who didn't ask me for a policy number so may not know where i originated as a customer) thought I had bought breakdown cover through them.

The legal advice guy used the words "we are actually the RAC".

OP posts:
TheRACDamagedOurCar · Yesterday 11:21

In case this helps, I spoke to both Aviva and Arc today who said I can follow the normal process, that Arc are independent and any solicitor support I get will also be independent. It's just the Aviva advice line which can't help me directly due to conflict of interest.

The first person should not have said "we are the RAC" (they aren't, just have a very intertwined commercial relationship) and should not have said I could not have support.

Arc is reviewing the claim.

OP posts:
Heresatwist · Yesterday 14:51

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Bered · Today 08:13

Has your claim been accepted @TheRACDamagedOurCar ?

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