Rachel 2

[Rachel 2]

I would like to challenge an ombudsman decision.The law was not used in the decision and afermation has accured as a result

[Rachel 2]

I owned a classic car that was deemed a total loss as a result of an accident.The insurance company then gave an initial settlement.
I then asked as is standard practice for a second offer i provided evidence that this type of vehicle was rare and very expensive.
I waited nine days for this desktop assessment to be carried out.
I was then informed that salvage photos were used and instead of a second offer they lowered the offer by more than half the original offer stating pre accident damage.I disputed and continue to dispute this.
I was then told that the insurance company would not communicate with me anymore and i was forced under duress to go to the financial ombudsman who refused to reinstate the original offer.
The ombudsman states that the insurer had not given any clear void of original offer that it had distressed me used conflicting information were rude and abusive she gave compensation for that.
The uk law has not been applied in this case and i am now deemed a liar which is defamation.
I really want to challenge this decision?

[Sam101]

You are at liberty to challenge any decision provided you are prepared to pay the costs involved, which could be more than you are trying to recover. I would suggest that you take professional advice from solicitors and act accordingly.

[des8]

Ombudsman does not use the law to decide disputes, but what they think is fair!
did you appeal the case handlers decision through to an ombudsman?

Depending on the value of your vehicle, you might wish to initiate a county court claim against the insurer, but as we do not know any of the details we couldn't possibly advise on probable outcomes.

Incidentally, why didn't you have an agreed value policy as it saves all this hassle?
Next time perhaps.

[Rachel 2]

The case went to ombudsman but ombudsman stated that the insurance company did confused me gave me conflicting information but would only uphold in part.
The part she upheld is that the insurer did not give a clear void of the original offer that they confused the situation were abusive and unproffessional .
She would not reinstate original offer as that would have put me in a better position than before the total loss which is not true.

[des8]

So if you didn't accept the ombudsman's decision you are free to initiate a court claim.

Is this your insurers or the third party insurers if the accident was a third party's fault?

what proof do you have that the offer is below market value?

[Rachel 2]

i accepted the findings as it was a year and i was just being accused of being a liar (without any proof).
I was supplying evidence all the time but the ombudsman did not detract from investigators initial findings they deemed me a liar and that was that i had nowhere to go.
I could prove all sorts of things and find my lack of money a very unfair issue.I have pretty much been forced to take this route and now regret it

[Rachel 2]

Thank you sam but the problem is they take advantage when court proceedings can cost a fortune there is no fair choice

[des8]

As you accepted the ombudsman’s decision you (and the other party) are legally bound by it and have no further referral rights.
If you had not acceoted it you would have retained the right to pursue the company you are in dispute with via the courts and if the claim was under £10,000 costs re minimal