The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council's decision on an insurance claim as the complainant’s legal entitlement to compensation is ultimately only a matter a court can determine.
The complaint
Mr X complains about the settlement offer the Council has offered to him in response to his insurance claim for damage caused to his car due to, he says, a poorly maintained road. Mr X says the amount does not meet his repair costs and this is causing him financial strain.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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
In its claim decision letter to Mr X, the Council explained that its offer takes into account wear and tear of the vehicle prior to the incident.
I understand why Mr X is unhappy that this amount does not meet his full repair costs but we cannot challenge the legality of the Council's decision as this is a matter that can ultimately only be decided by a court. There is a relatively simple, low cost procedure open to anyone to make a money claim in court so Mr X could do this directly or via his insurers.
For these reasons, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because his complaint can only ultimately be decided in court.
Investigator's decision on behalf of the Ombudsman