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    • adramforall
    • By adramforall 10th Sep 17, 11:11 PM
    • 2Posts
    • 0Thanks
    Home Insurance
    • #1
    • 10th Sep 17, 11:11 PM
    Home Insurance 10th Sep 17 at 11:11 PM
    Just wondered why my insurer will not recover my excess from 3rd party who is a neighbour. Basically his car rolled down hill and destroyed my garden wall. Initially he was to get builder to rebuild wall at his expenses to save it going through insurance and I was happy enough to do so. However after 11 weeks and various promises no wall built, so I made claim via my insurer. Quotes obtained and they agreed but have said my excess (300) is not being reclaimed form 3rd party. 3rd party admitted liability, it was reported to police at time of incident by them and yet I seem to be out of pocket. My insurer AXA via Prestige Underwriting Services Ltd have said they don't recover the insurance excess and if I wanted to do this privately I should get in touch with the 3rd party insurers myself. Didn't think this was right myself but they seem to have decided that they have finished claim. Help required on best way forward. Thanks
Page 1
    • Torry Quine
    • By Torry Quine 10th Sep 17, 11:20 PM
    • 17,210 Posts
    • 26,703 Thanks
    Torry Quine
    • #2
    • 10th Sep 17, 11:20 PM
    • #2
    • 10th Sep 17, 11:20 PM
    Just because his car rolled into your wall doesn't automatically make him liable in law. If the car was properly maintained and the handbrake applied then you make not have a case
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
    • dacouch
    • By dacouch 10th Sep 17, 11:21 PM
    • 20,520 Posts
    • 12,712 Thanks
    • #3
    • 10th Sep 17, 11:21 PM
    • #3
    • 10th Sep 17, 11:21 PM
    The excess is the first part of the claim you pay, normally your Insurer will not recover this for you.

    You need to write a letter to the third parties Insurer requesting your money back
    • paddyandstumpy
    • By paddyandstumpy 11th Sep 17, 12:25 AM
    • 1,084 Posts
    • 551 Thanks
    • #4
    • 11th Sep 17, 12:25 AM
    • #4
    • 11th Sep 17, 12:25 AM
    Further to the above, and different from car insurance; recovery of an excess won't make the claim 'non fault' as that principle doesn't exist in home insurance.

    Unless a full recovery of the insurers outlay is received (unlikely as I'd be surprised if they ask for it) it's on your record and declarable as a claim for the next 3/5 years, depending how long a history is asked for.
    • tempus_fugit
    • By tempus_fugit 11th Sep 17, 3:02 AM
    • 443 Posts
    • 405 Thanks
    • #5
    • 11th Sep 17, 3:02 AM
    • #5
    • 11th Sep 17, 3:02 AM
    The excess is an " uninsured loss" and therefore your insurers are not responsible for claiming it back.
    Retired at age 56 after having "light bulb moment" due to reading MSE and its forums. Have been converted to the "budget to zero" concept and use YNAB for all monthly budgeting and long term goals.
    • adramforall
    • By adramforall 11th Sep 17, 9:52 AM
    • 2 Posts
    • 0 Thanks
    • #6
    • 11th Sep 17, 9:52 AM
    • #6
    • 11th Sep 17, 9:52 AM
    Seems a bit harsh that by being nice and initially allowing them the opportunity to get a builder in to save them putting through their insurance, that I am now out of pocket. Had they made the claim then I would not be out of pocket to the tune of 300. Not surprising that due to time taken to sort out, that neighbour and I have now fallen out over this. Certainly opened my eyes and will make sure that in future that I DO NOT go down the nice route ever again. I will try his insurer to see if they will repay the excess. As far as I am aware my insurer has recovered their full costs, just not my excess but I will check to make sure. Only my 2nd insurance claim in 35 years so it's galling to be out of pocket for something that was not my fault.
    • Quentin
    • By Quentin 11th Sep 17, 10:24 AM
    • 36,351 Posts
    • 20,598 Thanks
    • #7
    • 11th Sep 17, 10:24 AM
    • #7
    • 11th Sep 17, 10:24 AM
    You agreed to pay the excess when taking out the policy. The policy doesn't cover the excess.

    So if you want it back you need to pursue the neighbour yourself. Are you sure this was due to negligence as pointed out in #2?

    Paying your excess yourself is slways the case when you make an insurance claim. Nothing to do with you being 'nice'!

    The only thing for you to now consider is the damage you could do to yourself by pursuing this. Assuming you own the property when you come to sell it this dispute will have to be disclosed to prospective buyers and may end up costing you s lot more than 300!
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