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Unable to claim back excess on no fault accident.

SRRAE
SRRAE Posts: 53 Forumite
Seventh Anniversary 10 Posts
This question is for my mum.

She had an accident while on a roundabout a guy didn't give way and hit her pulling on to the roundabout. Details has been swapped, but the other driver is being very difficult and after 2 months his insurance has not been able to contact him, so my mum decided to get the car fixed which has been done.
After that my mum has enquired about how the claim is going because she would like to get her excess back as the accident was not her fault.

The insurance company said they dont reclaim excess and that she will have to go to the driver directly to get it back? This is a driver who threatened her with physical violence when the accident occurred.

Is this correct? Do insurance companies not get back your excess and you have to contact the person directly?

Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    It's going to be "at fault" so long as her insurer is out of pocket.

    If and when the other guy's insurer pays in full, THEN it becomes not-at-fault and she gets her excess back.
  • Ectophile
    Ectophile Posts: 7,791 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    SRRAE wrote: »
    Is this correct? Do insurance companies not get back your excess and you have to contact the person directly?


    Yes it is, and no they don't. You need to sue the other driver for the money (and you should get it back from their insurance company).


    Does she pay for motor legal protection on her insurance? If so, then that;s what it is for.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • TadleyBaggie
    TadleyBaggie Posts: 6,479 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Ectophile wrote: »
    Yes it is, and no they don't.
    Although Aviva did recover the excess for me about 8 years ago, without me asking them to.
  • jimbo6977
    jimbo6977 Posts: 1,276 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    when you say details were swapped does that include insurance details? if so your mum should contact the liable party's insurer and request her excess be refunded to her. in most cases this should be arranged fairly simply.
  • Grey_Critic
    Grey_Critic Posts: 1,356 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Why has she paid for repairs? Unless she only had third party insurance her own insurer should have paid. Her excess (uninsured loss) is a seperate matter, if your mother has legal protection then she should submit a claim using that has someone else has said.
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