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Return of excess

Hoping for some advice on an insurance claim

Last year I was in a crash where I rear ended a driver who had cut into the funeral cortege I was driving in. He cut in within my braking distance and I had nowhere to go. We swapped details and it all seemed cordial at the time. My car had several thousand pounds worth of damage and as neither admitted liability for the crash my car was repaired through my insurance upon me paying the excess of £500.

I reported then accident to the Police and thankfully also had 3 independent witnesses who supported my version of events. After several months the Police advised that they have charged the other driver with careless driving although he wishes to pursue this through the courts. Does anyone know when I can claim back my excess from my insurance company? is the Police charge sufficient to settle liability or do I need to wait until it goes to court?

appreciate any help

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    You misunderstand about excess.

    Your excess is an uninsured item, not covered by your insurance, so you cannot get it back from your own insurer.

    Once liability is agreed between the insurers, then you can set about pursuing the third party for any refund (of the excess and all your other uninsured losses)

    You can either DIY, or use any legal cover you have on your insurance for this.

    (A police charge against the third party is no help to you over this if liability is disputed, though if found guilty it will help your cause!)

    If this ends up with split liability, then you still get your share of your uninsured losses off the third party (eg if it is settled as 50/50, then you can expect 50% of your uninsured losses to be refunded by the the third party, and your insurer will pay 50% of the other sides costs and uninsured losses)
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