The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to Ms X’s car by a Council vehicle. The claim is currently being considered by the Council’s insurers and it will be reasonable for Ms X to take the matter to the courts should liability be denied by the Council.
The complaint
Ms X complained about the Council’s failure to accept liability for damage caused to her car by a Council refuse lorry.
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 information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says her car was damaged by a Council lorry in January and she submitted a claim to the Council. She was asked to provide further information in March which she did and was advised that the claim was in dispute by the insurers in May. She has since provided further witness evidence but has not received the outcome of the claim.
We cannot determine the outcome of liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. Ms X has engaged in the claims process and it is not unusual for this to take several months. If the Council denies liability for the damage, she will be able to seek a remedy in the courts which are the only body which can determine liability for negligence.
Final decision
We will not investigate this complaint about damage caused to Ms X’s car by a Council vehicle. The claim is currently being considered by the Council’s insurers and it will be reasonable for Ms X to take the matter to the courts should liability be denied by the Council.
Investigator's decision on behalf of the Ombudsman