Summary: We will not investigate this complaint about an insurance claim after Miss Y’s vehicle was damaged because the courts are better placed to consider the complaint.

The complaint

1. Miss Y complained the Council took six months to respond to her claim against its insurance after her vehicle was damaged due to alleged disrepair of the highway. She is also unhappy with the lack of response to her rejection of the initial offer made to her for the costs.
2. Miss Y says this has caused her frustration and has been time consuming.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
7. Miss Y’s injustice relates to the damage to her vehicle and the costs to repair it and the time spent in dealing with the matter. Miss Y has made a claim to the Council for the cost of these, which the Council has made an offer for, but Miss Y is unwilling to accept.
8. If the Council disputes liability for any amount beyond that already offered, Miss Y can consider pursuing the claim through the courts. The courts can decide who is liable for costs Miss Y has incurred for the repair to her damaged vehicle and if necessary, award damages.
9. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Miss Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. As the courts can make reasonable adjustments it is reasonable for Miss Y to pursue the claim through the small claim courts. We will not investigate this complaint.

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Final decision

10. We will not investigate Miss Y’s complaint because the courts are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman