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Dispute over Settlement


tobysdad
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I have been a third party in a car accident which has resulted in my vehicle being written off. I rejected the first settlement offer from the insurance company and have declined the second as well. The insurance company have failry reasonable but have caused a few problems. Firstly they have removed my car from the Body Repair Garage without my knowledge and it has taken me four days to find which salvage yard it is at. I am pretty sure that until we settle that the vehicle is mine so why was it removed without my authority and knowledge? Secondly we have been unable to agree a settlement figure and because I am a third party they tell me that the Ombudsman will not intervene. Could somebody please advise me as to what I can do as this seems like it will drag on for ages.

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I wouldn't take it as gospel that the ombudsman wont intervene, contact the ombudsman yourself.

I'd put everything in writing/ tape your phone calls.

Have you got all your terms & conditions if so read through; maybe you will have a case for breach of contract if they are not taking all reasonable measures to reach settlement as soon as possible? If so you could remind them of this & look at small claims court (if claim is £5k or less)

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They remove the vehicle from the garage because the garage might otherwise charge a storage fee. Same thing happened to me, except I managed to get my car home and off the road before the salvage yard could collect it. In my experience you should always reject the first two offers from your insurers. Try to prove your vehicle has a higher value than their last offer by looking through Autotrader online. Ask for a specific extra amount and threaten to sue them or bring a complaint with the Ombudsman. My insurers increaed their offer and after some argybargy allowed me to keep my car as salvage. They also offered to send their max offer as an interim payment. We are now argueing over the difference which is the subject of my complaint to the Ombudsman. I understand the the insurers are charged £750 by the Ombudsman for every complaint they investigate. It seems to me your insurers are trying to put you off from making a complaint.

Its WAR

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Thanks for the information so far. What the insurers have said is because I do not insure with them the Ombudsman has no powers to intervene. I have asked them to increase thier offer due to the fact that they have removed the car to the slavage yard without my knowledge or permission. I also pointed out that now the car has been removed it is highley likely that it may have recieved further damage that neither of us would be able to prove or disprove. Would the threat of the Ombudsman or small calims really make a difference as this seems like a David v Goliath case?

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