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Do i get to keep my insurance excess after discharge?

Hi,

I was involved in a non fault car accident two years ago,two weeks after going BR.I paid my insurance company £300 excess so i could get my car back on the road whilst i sued the other driver.

I'm now discharged from BR and have just received my cheque for injuries received but my solicitor is saying that the other side are saying my £300 (for the excess i paid) should go to the OR ,not me.Does this sound right as my solicitor doesn't seem to know?

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