insurer dodging paying out

[wildthing]

I am trying to claim on another drivers insurance for repairs to a gearbox that they say wasn't caused by the accident but did everything they could to stop me getting an independant inspection, everywhere wanted a letter from them giving permission for the vehicle to be removed from thier repairers and they wouldn't send a letter.
even the ombudsman found in their favour as we couldn't get the inspection.
when we finally got the vehicle away the casing of the gearbox was found to be cracked, an offer was made to the insurance company toinspect it but they declined and has two years had nearly passed we went ahead and had the vehicle repaired at a cost of �2866. now the insurance company are hiding behind the decission of the ombudsman. the main question i have is as the vehicle was insured fully comp and driven by a mechanic at the time of the accident is there any way i can make them pay up.

[jake-the-peg]

I don't believe the ombudsman decision is binding on you so you are free to take them to court. I doubt there is any other way to get your money back.

I suggest you take your case to a solicitor for an assessment of your position

[MJT2003]

Although, where there is any grey area, the ombudsman generally gives the benefit of the doubt to the layman and finds in your favour.

If the ombudsman had not found in my favour, I very much doubt I would pursue the legal route for fear of incurring unrecoverable costs.