Somerset West and Taunton Council (20 008 849)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 27 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint that a poorly parked council vehicle caused an accident leading to damage to Ms X’s car. This is because it is reasonable for Ms X to seek compensation through her insurer and the courts.
The complaint
- The complainant, whom I shall call Ms X, complains a poorly parked council vehicle caused a car accident. Ms X’s car was damaged in the accident. Ms X wants the Council to pay for the damage.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms X the opportunity to comment on a draft statement before issuing a final decision on her complaint.
What I found
- Ms X says a poorly parked council vehicle blocked her visibility when she was exiting a junction. Ms X’s car was hit by another vehicle and she wants the Council to accept responsibility and to pay for the damage. The Council says it has asked its contractor not to park in the same place again. But it has so far denied liability for the accident and has referred Ms X to her insurer.
- The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving negligence and damage to property. Claims for damage to property are a matter for the insurers and, ultimately, for the courts.
- If the Council’s insurers reject Ms X’s claim for damages, it is open to her to make a claim in court. I consider it would be reasonable for her to do so. This is because only the Court can decide if the Council has been negligent. The Court can decide if the Council was responsible for the accident. The Court can decide what damages, if any, the Council should pay. These are not decisions the Ombudsman can take, and so we will not investigate.
Final decision
- We will not investigate Ms X’s complaint. This is because it is reasonable for Ms X to seek compensation through her insurer and the courts.
Investigator's decision on behalf of the Ombudsman