Accident not my fault - should I still have to pay the excess?

boxosox

Car drove into us and gave us false details.  We had a couple of photos and gave to my insurance company, plus the police gave us their real details.  However, I'm not really sure what the outcome of this was - I don't really know if our insurance company have ever persued them.

My car has now been repaired but the bodyshop are asking me to pay my £700 excess before they deliver the car back to me.  Is this normal for a non-fault claim?  Do I pay and then my insurance company pay it back to me?  Do I have to sue the third party for the £700?

I've never claimed from my insurance before so not sure of the process.

Goudy

You need to talk to your insurance company.

If there's no one to blame or they can't find someone to blame, you usually have to pay the excess and you won't get it back.

I'd recently and unfortunately had two such claims in the last few years.
A car theft and someone ripped the side out of my parked car on the street.

I had to take the excess hit on both claims and neither were really my fault but there wasn't anyone else they could claim off.

DullGreyGuy

boxosox said:

My car has now been repaired but the bodyshop are asking me to pay my £700 excess before they deliver the car back to me.  Is this normal for a non-fault claim?  Do I pay and then my insurance company pay it back to me?  Do I have to sue the third party for the £700?

I've never claimed from my insurance before so not sure of the process.

Yes, it's normal to pay your excess on all claims. Some insurers will waive the excess where they are highly confident that they'll be getting their money back but it is purely at their discretion. Some also have "promises" like being hit by an uninsured driver or a hit and run that they won't impact your NCD and/or won't have to pay the excess but these are the exception not the norm.

If you have Legal Expenses insurance then your insurers will appoint someone to help you recover your excess and any other uninsured losses you have (injury, loss of earnings, hire car etc) but if you don't then you typically just wait for your insurer to get the Third Party Insurer (TPI) to admit liability (you'll need to ask your insurer for this, they don't typically tell you automatically) and then you can submit your claim for the excess... a simple letter/email with a receipt (not the original) showing you've paid the excess.

daveyjp

The question is if you don't pay it who will?  You need to be on to your insurance company for an update on tracing the third party.

boxosox

daveyjp said:

The question is if you don't pay it who will?  You need to be on to your insurance company for an update on tracing the third party.

Surely the third party's insurer?

We have photos, their name, address and insurer's details.  Why wouldn't they have to pay it?

DullGreyGuy

boxosox said:

daveyjp said:

The question is if you don't pay it who will?  You need to be on to your insurance company for an update on tracing the third party.

Surely the third party's insurer?

We have photos, their name, address and insurer's details.  Why wouldn't they have to pay it?

Ultimately, assuming they are insured etc. In the interim its you as you agreed to not to be insured for the first £700 of any claim

daveyjp

boxosox said:

daveyjp said:

The question is if you don't pay it who will?  You need to be on to your insurance company for an update on tracing the third party.

Surely the third party's insurer?

We have photos, their name, address and insurer's details.  Why wouldn't they have to pay it?

If your insurance company is successful the third party inusrance will pay and you will get a refund (but that process could take months or years), if you want your car back you will need to pay it now.

The alternative is to do all the insurance chasing first, get the third party to accept full liability and then get you get the car fixed.  This isn't practical if your car can't be driven.

TadleyBaggie

If you make your claim through your own insurance company, then it is normal to have to pay the excess. The excess payment would then need to be recovered from the third parties insurances. It's been this way for as long as I can recall.

prettyandfluffy

Your claim against the other party's insurance should include the excess under the category "uninsured losses".

ontheroad1970

boxosox said:

daveyjp said:

The question is if you don't pay it who will?  You need to be on to your insurance company for an update on tracing the third party.

Surely the third party's insurer?

We have photos, their name, address and insurer's details.  Why wouldn't they have to pay it?

What with the false details?  Do you have the car reg still?  Tried to get the actual details from the MIB database?  It could be that they aren't insured at all, hence giving you false details. You should then report it to the police. 

Peredur

Sorry for pigybacking on a thread here, but it seems that there are people who know things here.

I was involved in an accident 5 weeks ago. Someone pulled out from a side road and hit my car. He accepted full responsibility as has his insurance company (Covea). The car is written off. However, despite they are offering me £1K less than it is going to cost me to replace the car on a like for like basis. By now I am banging my head against a wall. I have written to the FCA who have told me that as I am a 3rd party, they cannot get involved. Covea have suggested I approach my own insurance company. That would seem like me deliberately borking my own NCD. Can anyone suggest a way forward or do I just have to accept and find the extra money myself?

Thanks