Paying excess when it’s wasn’t my fault

Caron90

I need some advice. I had a car accident 6th October 2021. I was in the middle lane and 3rd party was in the left hand lane. As I was about to join the dual carriageway he came into me on passenger side rear. 

My car was not drivable and had to get a hire car. 

When we put the claim in the person on the phone said I won’t have to pay as it wasn’t my fault and said I only have to pay if it’s 50/50. The third party has come back and taken full liability.  4 weeks my car has been in the garage for. 

I’ve dropped the hire car off and they said I don’t need to pay excess, went to pick my car up from the garage and they want me to pay an excess of £350!
I said no I’m not paying it and I need to talk to my insurance (Hastings direct). 

All morning I have tried to fight with them. All they keep saying is that I’ve got to pay. I got told on the phone I’m not paying. The manager is going to listen back to phonecall I made. And I hope she comes back saying I was right! Has anyone else had trouble before? 

neilmcl

When you make a claim on your own insurance there is usually excess to pay, often this can be recovered by the insurer from the TP.

You need to read your policy document.

tacpot12

If you claim on your insurance, you have to pay the excess, then claim it back from the third-party if you can. 

Sandtree

The excess on paper is always payable however insurers will waive the excess in certain circumstances, namely where there is next to no chance of them not recovering it. 

The circumstances of your accident were not clear cut to be the third party fault (namely as lane changing accidents often result in each party saying the other one is the one that encroached into their lane) and as such when the garage was instructed they almost certainly were told the excess was payable.

If liability has now been found in your favour your insurers may be willing to waive the excess (they are under no obligation to do so) but its them that need to let the garage know that there is no excess to pay and they'll be picking up the full tab... no point arguing with the garage as they wont let the car go until they have written confirmation from the insurer that the bill will be paid in full by them.

If your insurers wont waive the excess then you have to pay it and recover it from the third party insurers as an uninsured loss... if you have motor legal protection your insurers will assist with this.

JJ_Egan

As above its very  normal .

Then either insurance claims back on your behalf or you claim from other party .

EssexExile

JJ_Egan said:

As above its very  normal .

Then either insurance claims back on your behalf or you claim from other party .

We had car damage earlier this year, not our fault. We didn't have to pay any excess, I wouldn't expect to, that's for the insurance company to deal with.

Sandtree

EssexExile said:

JJ_Egan said:

As above its very  normal .

Then either insurance claims back on your behalf or you claim from other party .

We had car damage earlier this year, not our fault. We didn't have to pay any excess, I wouldn't expect to, that's for the insurance company to deal with.

Then you are fortunate but read your policy book and you will find there is nothing in there that says for non-fault accident your excess isnt payable. 

The problem is that third parties (and customers) lie and no matter what circumstances are reported there is always a chance that the claim will not be settled as non-fault and so waiving your excess is a risk the insurer is running.

ontheroad1970

Has the third party come back or their insurer?  

Caron90

Thankyou for all your comments. I had a little abit of an argument with my insurance company today. She said I’ve put a claim on my insurance. Why, why would do that when it’s not my fault!? 

I’m waiting for my solicitor to get incontact with me as I’m at my wits end. The insurance went back on the recording of the day it all happened and she said the bloke who was dealing with it said to us we would have to pay excess which I swear on my parents grave he didn’t. So she is definitely lying! 

I’ve put in complaint about my insurance as there seems to be no communication with me and them. I think it’s disgusting the way I’ve been treated. I haven’t got £350 to pay for something I didn’t do

Sandtree

Caron90 said:

Thankyou for all your comments. I had a little abit of an argument with my insurance company today. She said I’ve put a claim on my insurance. Why, why would do that when it’s not my fault!? 

Because thats what 70% plus of people do.

Your options are, depending on cover etc:

1) Claim off your insurance, they counter claim off the third party

2) Use an accident management company and get the repairs done on credit, there is then a fight over why you;ve run up a £7,000 hire bill and why you had to use credit in the first place etc

3) Wait for the third party insurers to confirm liability and then claim off them directly - you have no Ombudsman rights if there is any issues

4) Pay for everything yourself and attempt to recover from the third party insurers directly or via your legal expenses insurance

Option 1, as you;ve done, is the least painful option generally and gives you protections from the Ombudsman if something goes wrong. Option 3 is also a good one but if liability is in dispute then it simply isnt an option or it may be a long wait.

The grass is always greener though and you will find many posts on here where the non-fault claimant thought they were going with option 1 but clicked an advert on Google instead and so unwittingly went down option 2 

Flight3287462

You should have got the third party's insurer to deal with your claim from the start then you wouldn't have had your excess to pay.  As has been said you pay and claim back from the third party's imsurance.