Paying Excess for a car accident that isn’t my fault

amyjaj

I was involved in an accident on Tuesday, which wasn’t my fault. My insurance company have also said it wasn’t my fault. It happened on a traffic light controlled roundabout. I had just joined the roundabout on the inside lane after traffic light turned green for me to go. When coming around the roundabout, I slowed right down to near enough crawling speed because of the glar from the sun, the next minute I’ve got a white van driving into my side coming from the middle lane! My wing mirror got pushed in, with just a little graze, Front wing is mainly paint transfer from his van and it’s been pushed in a bit, as passenger door creeks when opening now, The front bumper damage is completely down to the plastic on the side of it. I’ve got to pay the excess until they can claim off the other driver, as I only got his name and address from a 3rd party who got them from him for me, third-party didn’t witness the accident happening. My question is, as the accident wasn’t my fault but I have to still pay the excess until they claim it back from the driver, will it affect any no claims bonus? My neighbour says I shouldn’t have to pay it as it wasn’t my fault!

molerat

Until your insurer successfully claims from the third party insurer you will have to pay the excess and your no claims will be temporarily reduced. Your other option is to claim directly from the third party cutting out your insurer's involvement.

Aretnap

Your excess isn't a punishment for being to blame for an accident - it's simply the part of any claim that isn't covered by your policy. Your fault, somebody else's fault, nobody's fault in particular, it makes no difference - if you make a claim on your own policy your excess will be payable.

If the accident was someone else's fault, and you can prove it, then what you can do is claim your excess back from the at fault party (or his insurer, if he has one) as an uninsured loss, along with any other losses not covered by your own policy (eg a hire car while yours is repaired, or time off work if you're injured). If your policy comes with legal expenses cover then your insurer can appoint a solicitor to assist you with the process; if not then reclaiming your excess, at least, is generally a simple process once liability has been settled.

Sometimes if liability is clear cut your insurer will be willing to waive the excess and reclaim it from the third party on your behalf - but this is a matter of goodwill on their part, rather than something that they're obliged to do.

Alternatively, as above, if liability is not in dispute you can bypass your own insurer altogether and go direct to the other driver's insurer, who will usually be happy to pay for your repairs without the need to pay an excess at all.

However be prepared for the possibility that liability will be in dispute and not clear cut. Roundabout accidents have a tendency to be settled 50/50 - if he says that you drifted into his lane; you say he drifted into your lane and there are no independent witnesses then it's often very difficult to prove who was actually at fault. A 50/50 settlement would mean that you get half your excess back from the other side, but your no claims bonus would be reduced the same as if it was fully your fault..

amyjaj

This morning, I received a letter from my insurance company. It turns out that the driver at fault gave dodgy details, so cannot trace him to claim back costs of the claim! I have contacted the company that other driver worked for as he was in the work van delivering tires to the nearby BMW garage, they are going to see if they can trace him. I’m also hoping that cameras that cover that roundabout were on at the time!

Quentin

Do you know the owner of the van? Or its reg??


Your insurer should be able to sort this if you do.

amyjaj

I got the tire company name that owns the van!

Quentin

Pass that to your insurer then ( don't you know the reg?)

amyjaj

I got partial registration number! Passed the info onto my insurer!