Car insurance company incorrectly wrote off my car and caused me a loss. Who do I sue?

gladysethel

Last August a deer decided to headbutt my passenger headlight causing damage. I made a claim to my insurers. Initially they informed me that the computer says it is a write off as the computer said it was uneconomic to fix it. It is a fairly old car with a lot of miles on it.
However, they also appointed a loss adjuster who accepted quote I had sourced from a bodyshop near to me for the repair to the car.
I pointed out that back at the Claims Company they thought it was a write off. The Loss Adjusters weren't impressed with this - they said it was their job to decide these things.
Nonetheless, the car was fixed and put back on the road. I did contact the Claims Company organising the claim and told them the problem and that they had both thought the car was a write of and then sending the car for fixing and paying for it too. I thought the matter was closed.

Now I have now bought a new car using the old car in part exchange. Initially, the valuation of my car was £2500 but was later informed, when the purchasers did due diligence on my car, that my my car was actually designated a Scrap Car (S) at the DVLA. A great surprise to me - how did my road tax and insurance stand with that news.
Consequently, the purchasers were now only willing to pay £1500. A loss to me of £1000.

Someone at the Claims Company it seems had incorrectly told the DVLA that the car was a scrap when they had actually fixed and paid for the repair.

I believe I have a claim, the Small Claims Court seems my best bet. I have all these facts documented.
The problem is who do I sue:
The loss adjusters?
The company that managed the claim?
The Underwriters?
This is made more complicated in that the Claims Company and the Underwriters and part of an Insurance Group that share the same building. Whilst the Claims Company is registered in Britain the Underwriters are registered in Gibraltar.
Advice welcome

DullGreyGuy

gladysethel said:

Last August a deer decided to headbutt my passenger headlight causing damage. I made a claim to my insurers. Initially they informed me that the computer says it is a write off as the computer said it was uneconomic to fix it. It is a fairly old car with a lot of miles on it.
However, they also appointed a loss adjuster who accepted quote I had sourced from a bodyshop near to me for the repair to the car.
I pointed out that back at the Claims Company they thought it was a write off. The Loss Adjusters weren't impressed with this - they said it was their job to decide these things.
Nonetheless, the car was fixed and put back on the road. I did contact the Claims Company organising the claim and told them the problem and that they had both thought the car was a write of and then sending the car for fixing and paying for it too. I thought the matter was closed.

Now I have now bought a new car using the old car in part exchange. Initially, the valuation of my car was £2500 but was later informed, when the purchasers did due diligence on my car, that my my car was actually designated a Scrap Car (S) at the DVLA. A great surprise to me - how did my road tax and insurance stand with that news.
Consequently, the purchasers were now only willing to pay £1500. A loss to me of £1000.

Someone at the Claims Company it seems had incorrectly told the DVLA that the car was a scrap when they had actually fixed and paid for the repair.

I believe I have a claim, the Small Claims Court seems my best bet. I have all these facts documented.
The problem is who do I sue:
The loss adjusters?
The company that managed the claim?
The Underwriters?
This is made more complicated in that the Claims Company and the Underwriters and part of an Insurance Group that share the same building. Whilst the Claims Company is registered in Britain the Underwriters are registered in Gibraltar.
Advice welcome

Category S is for a vehicle with structural damage that can be repaired and returned to the road. A cat B is a vehicle that must never be returned to the road but can be broken for parts and Cat A must be crushed. The missing one is cat N which is non-structural repairable (S and N used to be roughly C and D though the definitions changed when the letters did). 

If its a Cat S you would have needed to reregister the car and get a new V5c would have been been marked to show the car was previously written off Cat S.

Follow the instructions in your policy book on complaints, check you are looking a complaints for claims as some companies like this separate underwriting and claims complaints. 

cw8825

have you spoken to the insurance company or claims company before deciding to go straight to court?
They could have been able to remove the marker if it was applied incorrectly

The fact it was a Cat S would mak it sound like a more than just a headlight...  

Raise a complaint with the company that managed the claim.