If the car isn't a write off, you shouldn't be charged to recover the car, because unless they pay the write off value they aren't 'buying' your car in its damaged state and it remains yours and all repair costs and related expenses are generally covered under the policy.

However, if the damage is very severe, the policy will entitle them to effectively buy the damaged car off you for the write off value. Your premium has been calculated on the basis that the insurer will then keep the wrecked car for salvage or resale purposes so they can recoup some of their loss on your claim.

If the substance of your problem is more to do with their poor processes, slowness or lack of proper consultation or explanation, then the insurer may be in breach of its obligations under the Insurance Code of Practice, and these are matters you can also direct to the insurer's compliance section (which usually deals with reviewing the decisions and conduct of the insurer's claims departments) or the Ombudsman. Although such complaints may not impact significantly on the outcome of your claim.

Although you may feel that the insurer retaining your care is unfair even where they have paid the agreed write off value of the car, were it otherwise, a person in your position would, after your accident, theoretically be in a better position than when they started. This is because you would have the money for a replacement equivalent car, plus the remaining value of the damaged car. Insurance law doesn't generally allow insureds to profit in this way and so policies are generally written so as to prevent such theoretical profits.

Naturally, if they are not paying you the write off value you should complain to the Ombudsman.

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