We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Insurance Write Off

A car hit our car which was parked outside out house. The other car owner admits liability, has given all his details etc which has been sent to our insurance company. they offered us a write off amount without ever seeing the car and minus our excess. Needless to say we've refused it and we're having the car assessed but surely if the accident wasn't out fault, we shouldn't be liable for the excess?
There will always be:
A “LIE” in BELIEVE, an “OVER” in LOVER, an “END” in FRIEND, an “US” in TRUST , and an “IF” in LIFE ;)

«1

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    freccle wrote: »
    A car hit our car which was parked outside out house. The other car owner admits liability, has given all his details etc which has been sent to our insurance company. they offered us a write off amount without ever seeing the car and minus our excess. Needless to say we've refused it and we're having the car assessed but surely if the accident wasn't out fault, we shouldn't be liable for the excess?
    You're liable for excess because you are making a claim from your own insurer, which is the case for any type of insurance. You have 2 choices, claim directly from the TP insurer or take the TP driver to court for the any uninsured losses, eg , your excess.

    Do you have legal cover?
  • Herzlos
    Herzlos Posts: 15,997 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You'll get your excess back once it's been recovered from the other insurance company.
  • rudekid48
    rudekid48 Posts: 2,382 Forumite
    Part of the Furniture 1,000 Posts
    Herzlos wrote: »
    You'll get your excess back once it's been recovered from the other insurance company.

    Only if "someone" actual makes a claim for the excess from the other insurer. The OP's own insurer won't automatically do this on his/her behalf as the excess is an "uninsured loss".
    All matter is merely energy condensed to a slow vibration, we are all one consciousness experiencing itself subjectively, there is no such thing as death, life is only a dream, and we are the imagination of ourselves.
  • Aretnap
    Aretnap Posts: 5,837 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The excess is simply the part of any claim which isn't covered by your policy. Your fault, somebody else's fault, nobody's fault in particular, it makes no difference - you have to pay your excess if you want your insurer to repair your car, and they'll deduct it from any write-off settlement.

    As above, what you can do if the accident was someone else's fault (and you can find them, and you can prove it) is reclaim your excess from that somebody, or in practice his insurance company. If you have motor legal protection (legal expenses cover) as part of your policy, then your insurer should appoint a solicitor to help you with that process, but if you don't then it's not usually difficult to do yourself provided liability isn't in dispute - usually you can just send the third party's insurer a copy of your payout showing the excess that's been deducted, along with a letter asking them to reimburse you.

    (That's the theory at least. In practice if there's no doubt about liability then sometimes your insurer will offer to waive your excess and will reclaim it from the third party's insurers themselves. But this would be a goodwill gesture on their behalf rather than something they have to do - and not all insurers do it.)
  • freccle
    freccle Posts: 770 Forumite
    I can't believe this!! We have a someone who texted us to say he's sorry for the accident and has admitted full liability, given us his name address and insurance details (backed up by his policy and driving licence), yet I'm still going to have to pay the excess (and presumably lose my NCB)?
    Unbelievable
    There will always be:
    A “LIE” in BELIEVE, an “OVER” in LOVER, an “END” in FRIEND, an “US” in TRUST , and an “IF” in LIFE ;)

  • Stoke
    Stoke Posts: 3,182 Forumite
    freccle wrote: »
    I can't believe this!! We have a someone who texted us to say he's sorry for the accident and has admitted full liability, given us his name address and insurance details (backed up by his policy and driving licence), yet I'm still going to have to pay the excess (and presumably lose my NCB)?
    Unbelievable

    The excess is usually refunded?
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
    Ninth Anniversary Combo Breaker
    freccle wrote: »
    I can't believe this!! We have a someone who texted us to say he's sorry for the accident and has admitted full liability, given us his name address and insurance details (backed up by his policy and driving licence), yet I'm still going to have to pay the excess (and presumably lose my NCB)?
    Unbelievable


    The reason for that is that you've put a claim in to YOUR insurers.

    If you claim directly from the guilty !!!!!!'s insurer then your insurers get cut out of the loop, your excess doesn't come in to it and it doesn't affect your no claims. You will, however, have to tell your insurers about the incident "for information" - that will probably affect your renewal prices slightly.

    Ultimate liability rests with the other driver, as the one who caused the damage. His insurers accept that liability as a contractual matter between them and him. Your insurers have nothing to do with it unless you choose involve them.
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    freccle wrote: »
    I can't believe this!! We have a someone who texted us to say he's sorry for the accident and has admitted full liability, given us his name address and insurance details (backed up by his policy and driving licence), yet I'm still going to have to pay the excess (and presumably lose my NCB)?
    Unbelievable


    Sadly it is a no claim bonus, not a no blame bonus.
    I used to think that good grammar is important, but now I know that good wine is importanter.
  • freccle
    freccle Posts: 770 Forumite
    I didn't even KNOW I could have contacted his insurers direct! I thought you each had to go through your own insurance company
    There will always be:
    A “LIE” in BELIEVE, an “OVER” in LOVER, an “END” in FRIEND, an “US” in TRUST , and an “IF” in LIFE ;)

  • freccle wrote: »
    I didn't even KNOW I could have contacted his insurers direct! I thought you each had to go through your own insurance company

    Can you cancel your claim and claim direct from his?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.7K Work, Benefits & Business
  • 600.1K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.