How to get excess back when the other party admits blame?

Celloviola

My car insurance company (Hastings Direct) has told me to contact the other party’s insurance company to get my excess back (they have admitted liability for a car accident).
But the other insurance company says that my insurance should be paying me back as they will have recouped costs.
Which is right?

Ectophile

Your insurance will pay you out, minus the excess.  They may, or may not, recover the excess on your behalf from the third party.  It's up to them whether or not they do this.

The other insurance company isn't going to voluntarily hand you the money.  It's not in their interest to do so.

If you took out motor legal insurance, contact them.  They should put in a claim with the other party's insurance for the money.

Otherwise, write a Letter Before Action to the driver of the other car, telling them that they should pay back your loss (the excess) within 14 days or you will take legal action.  What should then happen is that the motorist passes the letter to their insurance, and the insurance pays you the money.  But if they don't, then the only option is to sue them.

DullGreyGuy

Celloviola said:

My car insurance company (Hastings Direct) has told me to contact the other party’s insurance company to get my excess back (they have admitted liability for a car accident).
But the other insurance company says that my insurance should be paying me back as they will have recouped costs.
Which is right?

Either could be. 

Traditionally your insurer would settle the claim net of the excess, they then recover their outlay from the third party insurer (TPI). If you have Legal Protection/Expenses on your insurance someone would be appointed to assist in the recover of your excess and any other uninsured losses or you have to do it yourself if you didnt buy this add on. 

On the flip side when an insurer asks for their costs to be reimbursed the information provided often includes what excess was deducted and so the TPI takes it upon themselves to reimburse the excess at the same time. This could be by increasing the settlement to your insurer or could be a second cheque being sent in your name. 


You can tackle it either way round but you need to confirm from the TPI in what way they feel they reimbursed the excess already. Once armed with that you can then check with your insurer what's happened to the monies/cheque. 

Marvel1

I had motor legal cover on my car insurance, I used them to recover the excess, filled in their form and had the excess back.