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Our car was written off but I disputed this - should I go to the Financial Ombudsman?
My wife had an accident and as a result the insurance company wrote the car off. I disputed this, but the engineer stuck by his decision. Having got the car back, I noticed that the engineer had over estimated everything. I questioned him on this, he responded by saying we have to change things in order to cover everything.
He had made the decision to change near enough everything at the front near side corner of the car. When I got the car repaired, it was only panels, bumper and a bit of internal structure around the front wheel arch panel. Had the engineer carried out a comprehensive analysis, my car would have had a much reduced repair cost and I believe would not have been written off.
The engineer also used OEM parts. In further questioning, I discover that in the terms and conditions of the insurance, the company can use any parts it feels necessary, including second hand and refurbished.
In the end the repair of my car was around £2000, rather than over £4000 as the insurance worked out. When I came across your articles regarding challenging the decision to write off my car, I pointed out to the company that I had the right to have their decision referred to an independent IAEA engineer, and that this right had not been given to me.
They came back to me saying that they did not need to bring this to my attention, and that if I wanted to take it to the IAEA engineer, I had to pay for it. This shortfall in customer services and the decision to write of my car is now with the Ombudsman. I would appreciate your view on this matter.
He had made the decision to change near enough everything at the front near side corner of the car. When I got the car repaired, it was only panels, bumper and a bit of internal structure around the front wheel arch panel. Had the engineer carried out a comprehensive analysis, my car would have had a much reduced repair cost and I believe would not have been written off.
The engineer also used OEM parts. In further questioning, I discover that in the terms and conditions of the insurance, the company can use any parts it feels necessary, including second hand and refurbished.
In the end the repair of my car was around £2000, rather than over £4000 as the insurance worked out. When I came across your articles regarding challenging the decision to write off my car, I pointed out to the company that I had the right to have their decision referred to an independent IAEA engineer, and that this right had not been given to me.
They came back to me saying that they did not need to bring this to my attention, and that if I wanted to take it to the IAEA engineer, I had to pay for it. This shortfall in customer services and the decision to write of my car is now with the Ombudsman. I would appreciate your view on this matter.
Asked on 15 November 2018 by Ahmet
Answered by
Honest John
It sounds like you have bought the salvage of the vehicle? From this point onwards your complaint will now fail. You should not have agreed to deal with the claim on a total loss basis with you retaining settlement. The place you are at now and what you wish to do, you needed to do while the claim was open, as you could then challenge, have the car inspected and have the evidence to advise that you either wished to have the car repaired using OE parts or non OE parts. If you were adamant you wanted the car repairing, you then needed to insist the repairer who has the vehicle strips the vehicle down and carries out a "blueprint" of repair, detailing everything damaged and the correct cost of repair. Once they have got this point of settlement, you are severely compromised.
The insurer HAS to abide by the ABI code of salvage, and HAS to agree to having a "appropriately qualified person" through the Institute of Automotive Engineering Assesors (this can be one of their own staff as long as qualified) review the salvage category placed and if indeed it was a total loss. This is an area you need to bring to the attention of the FOS. The FOS will not find in your favour (advise us if they do) take passed the adjudicator stage, and take to the actual Ombudsman, It will likely still fail, but keep pursuing.
The insurer HAS to abide by the ABI code of salvage, and HAS to agree to having a "appropriately qualified person" through the Institute of Automotive Engineering Assesors (this can be one of their own staff as long as qualified) review the salvage category placed and if indeed it was a total loss. This is an area you need to bring to the attention of the FOS. The FOS will not find in your favour (advise us if they do) take passed the adjudicator stage, and take to the actual Ombudsman, It will likely still fail, but keep pursuing.
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