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Car insurance excess

I have been with my current insurance company for two years. They increased my premiums quite substantially after the first year and I have a £400 excess and 12 years NCD.
I had an accident two days ago when part of a truck's load became unsecured and protruded from the side of the truck when it drove past me on a country road.
There is quite a bit of damage to my car so I contacted my insurance company. I was surprised to be informed that I would have to pay the excess and that only if the other party admits liability, will my excess be returned to me.
Despite paying almost £600 per annum and having a high excess, I do not have the hired car facility so it seems I will be without my car for some time.
I was always under the impression that the excess would only be payable if I was in the wrong but my insurance company have told me that I can not prove that I am in the right. I mentioned that I may be able to locate witnesses but the operator did not seem concerned about this. I doubt whether the other insurance company will encourage the haulage company to admit liability so it seems that I will lose £400. Is this the way that most insurance companies operate?.

Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You are really doing the long way round.

    If the third party admits responsibility you should ring your own company up and inform them of the accident For Information Only.

    You should then deal directlly with the third party insurance. They will instruct you as to what to do. ie, get a quote, take the vehicle in for repair, pick it up after repair, the garage bill the insurance company. No excess involved. But like I say, the other party has to admit responsibility to their insurance company. They should also organise a hire car for you.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Tara1995
    Tara1995 Posts: 8 Forumite
    Tenth Anniversary Combo Breaker
    Thank you for the reply McNeff.

    That is the first thing that I did. I telephoned the haulage company and they provided the brokers details.
    I took the car for a quote yesterday and faxed the quote to the broker.
    I telephoned the broker again today and was informed that when they had all of the paperwork from the haulage company they would fax it to the insurers.
    As I am a third party, I will not get any special privileges and will have to wait until I hear from the insurers.
    As I do not have a timeframe and would have to pay for a rental car myself until the matter is resolved, I decided to contact my insurance company to see if they could speed up the process.
    That was definitely a mistake as I expected better treatment from my insurance company.
  • forgotmyname
    forgotmyname Posts: 33,074 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your 3rd party so they dont really care, Its a non fault so they dont have to pay out.

    Did you get fully comp quotes? Generally its cheaper.
    Censorship Reigns Supreme in Troll City...

  • Quentin
    Quentin Posts: 40,405 Forumite
    Tara1995 wrote: »
    I was always under the impression that the excess would only be payable if I was in the wrong but my insurance company have told me that I can not prove that I am in the right.

    Whoever gave you that "impression" mislead you.

    When you make a claim on your own policy, then your excess has to be paid (as it isn't covered by your policy).

    If you check your policy wording, you will see that cover is excluded any excesses.

    If you proceed wiyh your claim, then you will need to pirsie the third party to recover your excess (as well as all other uninsured losses).

    You can DIY, use any legal cover you have with your policy, or get a solicitor to do this for you.

    Alternatively, if liability is clear cut and not disputed you can cancel your claim with your own company and use a claim handler to claim directly off the third party. They will sort out a hire car too!
  • Tara1995
    Tara1995 Posts: 8 Forumite
    Tenth Anniversary Combo Breaker
    Your 3rd party so they dont really care, Its a non fault so they dont have to pay out.

    Did you get fully comp quotes? Generally its cheaper.

    Thank you for your reply.

    I am not sure how it could be considered to be a "non-fault" when it is a H&S violation not to secure a load which then causes an accident.
    As far as I see, it is very obviously a fault on the part of the driver of the truck.
    However, I do not want to pursue the claim via this avenue as I do not want to cause problems for the driver or the haulage company.
    I think that the way an insurance company approaches the excess depends on the company as a colleague was recently in a similar position and was not required to pay the excess. Everything was handled by her insurance company who have been very helpful.
    I will choose her insurance company when my renewal becomes payable in December.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Tara1995 wrote: »
    However, I do not want to pursue the claim via this avenue as I do not want to cause problems for the driver or the haulage company.......

    If you continue with your claim (via your own company), then the third party will have the same "problems" they would experience were you to pursue them yourself!

    (Though their problems will be minimal, as their insurer will deal with your insurer, who (if you are correct when you say the third party is liable) will be pursuing them to reimburse all their costs, assuming you put a claim in.)

    You also will need to pursue them for your excess, unless you are going to give up on it!
    Tara1995 wrote: »
    a colleague was recently in a similar position and was not required to pay the excess. Everything was handled by her insurance company who have been very helpful.....

    (Some insurers will hand over claims to a claims management company to deal with, once they are happy the third party is liable, which may have been the case when your friend claimed - in these cases your own insurer doesn't get involved, it's all left with the claims company, who get the third party to pay all costs direct, hence there is no excess to pay)
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