Claim the excess back - no-fault car accident

14sprocket

Hi all,

I had a no-fault accident with my van (got rear-ended by another driver), with my insurer (Aviva) deeming it a total loss. 

I was paid the agreed amount reduced by my excess (£600), and was told by Aviva that the excess could be claimed back once the claim is closed (since it's a no-fault accident).

Now, the claim has been closed after a while, I'm going after Aviva to get my excess back and they're telling me that I need to request it directly from Esure.

Esure are extremely difficult to get hold of, but once I get through they're telling me that they can't deal with me directly and can't accept any requests since I'm not their customer. They advise to go via Aviva and ask them to request an excess from Esure. 

I end up going back to Aviva and logging a complaint (which they raise very reluctantly), which at least gives me a chance to escalate the matter to the Ombudsman service.

I would really appreciate suggestions from the forum, and any experience from those who've been in similar situations in the past.
FWIW, Citizen Advice suggests that it's the responsibility of my insurer to request the excess from the other party's insurer.

lisyloo

It's an "uninsured loss".
Did you buy the legal cover add-on? or did you decline it?

14sprocket

lisyloo said:

It's an "uninsured loss".
Did you buy the legal cover add-on? or did you decline it?

I didn't buy the legal cover add-on

Am I not still eligible to recover excess in case of a no-fault accident?

ThorOdinson

14sprocket said:

lisyloo said:

It's an "uninsured loss".
Did you buy the legal cover add-on? or did you decline it?

I didn't buy the legal cover add-on

Am I not still eligible to recover excess in case of a no-fault accident?

You are entitled to it. Send Esure a letter before action.

lisyloo

14sprocket said:

lisyloo said:

It's an "uninsured loss".
Did you buy the legal cover add-on? or did you decline it?

I didn't buy the legal cover add-on

Am I not still eligible to recover excess in case of a no-fault accident?

Yes you are entitled but it’s your job to go and get it as it’s not covered by your insurance policy and you declined the add-on.