Hi Panikos,
I don’t think that a court case will get you anywhere after the ombudsman has agreed with the insurance company, even if incorrectly.
But who actually writes off vehicles? Financially, the insurance company but a written off vehicle “repaired to a roadworthy condition” can be returned to the road. So that would be the DVLA and presumably after inspection by the Driver and Vehicle Standards Agency (DVSA), previously the Vehicle and Operator Services Agency (VOSA). An inspection would, I think, be £450/600.
But the problem is the category. The Govt. website is not very explicit but Cat A and B are the worst.
Cat A, the whole car has to be crushed; Cat B the same but you can salvage parts.
Cat C car “ can be repaired, but it would cost more than the vehicle’s worth”; that would seem to be where your should have been put. Cat D is much the same but includes other costs like transport.
Cat N and Cat S are repairable cars following non-structural and structural damage respectively that can be “repaired to a roadworthy condition” and can be returned to the road.
Cat A and B is for the massively damaged cars and yours is not. But I am not sure how far the DVLA/DVSA would even consider a a Cat B.
If you cannot get it down to a Cat C, where it seems to belong, I cannot see you getting anywhere, however unfair.
Your one point of argument may be that their “engineer” did say that it was repairable even at an inflated cost which makes it Cat C.
|