[Taylor2000]

I hit a diesel spill and slid off the road into a ditch , left side of the car was badly damaged, wheel tyre and undercarriage, The garage authorised to do the repair cancelled the morning they were supose to collect the car , After being told months later they are still looking for a garage ! So I found one , engineer inspected the car advised it wasn't road worthy , sent report to rac , they sent out an engineer who also advised the car wasn't road worthy , They refused half the repairs and cut cost (suspect due to it not being there repairer they don't want to pay ) The garage can't carry out part repairs and rac insurance have advised to keep using the car , even though it isn't road worthy . If the damage does cause an accident who's liable for the damage ? I've complained but only received 2 replies second asking for evidence which I sent but they haven't replied about 2 weeks now , called today with my concern was told someone would get back to me but nothing , where do I go from here , forst email.says if I'm unhappy can go to an ombudsman?

[TC1474]

If the car is considered unsafe and/or unroadworthy and you decide to drive it and, as a result a crash or further damage is cause, liability will be down to you.

In law, it is the drivers responsibility to ensure that a vehicle is safe and roadworthy when used on a road.

Any claim against the insurers is a civil claim and you will need proper legal representation (often covered under your house contents insurance if you have all risk cover)

With regards to searching for a garage, you are not obliged to use a garage approved by the insurers or anyone else.

The rules changed some years ago that allows the policy holder to use a garage or repair centre of your choosing and the insurers are not allowed to hold back payments like they used to do in the old days.

As far as the insurance ombudsman is concerned the site is at Insurance (financial-ombudsman.org.uk)

There is usually a procedure to follow which they will advise you about but what they say goes as far as the insurers are concerned, so worth making contact as they can also order your insurers to pay you compensation.

[Drivingforfun]

I would like to be able to assume the financial/legal risk is on them seeing as they have explicitly agreed to insure a non-roadworthy car

Whether you want to drive it for your own safety is another issue

I might be wrong though