claiming excess back from no fault claim

In July last year, a car pulled out of a side road into me, the claim was found in my favour and i was paid the total loss minus my £250 excess

I had some physiotherapy and received a pay-out for that, but my insurance Aviva didn't inform the solicitors firm which they appointed about my excess in the original claim as i thought it was a given and separate from this claim

i have tried to ask Aviva about this, but they say it is in the Hands of the solicitors who say it they are still trying to get it back from the 3rd parties insurance but as it wasn't in the original settlement it is an uninsured loss.

the insurance & legal Ombudman have said i need to deal with the solicitors

what do i do now?




  • DullGreyGuy
    DullGreyGuy Forumite Posts: 6,391
    1,000 Posts First Anniversary Name Dropper
    It is an uninsured loss like your physio which is why you've had lawyers appointed under your legal expenses policy. 

    You need to speak to them about it, ensure they have the details of your uninsured losses and that you have provided them with the necessary evidence to support the losses (for a T/L excess claim this will normally be the offer letter showing the XS being deducted)

    If they already have all this information then it's simply a question to them of where they are in the process of recovering it. May also be worth checking with your insurers to see if they have recovered their own outlay from the third party insurer yet.

    If its just your excess, its not hard to DIY it from the third party insurer either
Meet your Ambassadors


  • All Categories
  • 339K Banking & Borrowing
  • 248.7K Reduce Debt & Boost Income
  • 447.6K Spending & Discounts
  • 230.8K Work, Benefits & Business
  • 601.1K Mortgages, Homes & Bills
  • 171.1K Life & Family
  • 244.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards