Lost Excess on Non Fault Accident

[Higsta]

Hi Everyone, this is only the 2nd time i have needed advice from CAG and again this time its a Car Insurance firm trying to take my hard earned !!

 

Can you all shed some light on this issue for me

 

Fully comprehensive car insurance with Post Office.

 

My wife picked up our son from school one afternoon and on the way back coming through our village she had to pull over to allow a lorry coming the opposite way to pass some parked cars. After the lorry passedand before she could pull off a landrover reversed out of an opening onto the main road and into the side of the car. He apologised and said he had been watching the lorry and hadn't seen her and admitted fully liability. Insurance details changed hands and all was good main point no one was hurt.

 

Car was collected and repaired and returned and we had to pay £250 excess upon return of the car to the repairers.

 

When we contacted the insurance regarding getting our excess back we were informed that because the insurance policy did not have motor legal protection that we cannot claim the excess back. I asked was there a problem with the 3rd party accepting liability and they said "no" i asked had they reclaimed the cost of repair from the 3rd party and they said "yes" and so i asked why were we getting penalised for an accident that was not our fault and was told that its because we didnt have leagal protection. by this time i was starting to get a little irate and asked why they had reclaimed all of the damage cost from the 3rd Party and also £250 from us and was told that it was because we didnt have legal protection and there was nothing else they could do.

 

So what can i do ? anyone have any suggestions ?

 

Many thanks in advance Higsta.

[andie_303]

I don't think this is correct but I will stand to be corrected - generally the cost would be recovered from the at fault insurers regardless of motor legal protection. I thought this was to be able to claim damages such as injuries arising etc?

 

Who is the insurer??

[andie_303]

sorry I see you said the Post Office - who underwrites this??

[Higsta]

im looking at the policy now and i assume its provident but not sure, it states at the bottom of the policy ,

 

Issued by BISL Limited on behalf of Provident Insurance Plc

 

Yes i also thought leagal protection was cover if there was disputed liability and injuries etc where the case ends up in court or in need of solicitors etc.

 

I cant believe that i have to pay £250 for an accident that has been admitted from the outset by the 3rd party.

[andie_303]

I would question this - put a complaint in writing aksing them for a full written explanation as to why they are charging you excess on a non-fault claim.

 

Have a look what it says in the T&C's - thats beyond ridiculous

[Mossycat]

What your insurers are saying is quite correct, you don't have legal protection so THEY will not get your excess back, you have to do it personally.

 

Any excess (or other unisured loss ie hire car, personal injury) etc is always recovered from the person responsible for the accident (or more correctly from their insurers), if you have legal protection then you have paid for someone else to do this on your behalf, if you don't have legal protection then recovering your excess is beyond what you have agreed with them to do for you.

 

You now need to write to the other party (or their insurers if you know who they are) and claim your excess back yourself

 

Just as an aside an excess has nothing to do with liability, it is paid by the policyholder and claimed back by the policyholder if they are not to blame (and can find the person who was to blame).

 

Mossy

[Helford]

100% agree with Mossycat here!

 

H

[Higsta]

ok thanks for that will send a letter to the 3rd party insurers and ask for the £250 back .

 

Im thinking that this is not going to be an easy process so here goes phone calls and letters for a few months i guess

 

Its annoying as we always have legal protection but this is my wifes car and she sorted the insurance out herself for the last renewal and was chuffed that she got it quite cheaper .

 

anyway thanks for the advice.

 

regards higsta.

[patdavies]

No, it should be dead easy,

 

Send a letter (recorded) to the other driver enclosing a copy of your receipt for the excess and ask him to forward it to his insurer (if you already know the insurer ans have a claim reference, then write direct to them)

Point out that the insurer has already admitted full liability by settling with your insurer and ask for reimbursement of your excess within 14 days.

 

A cheque will follow shortly.

[Higsta]

Thanks for that Pat, i'll get straight on it.

[gyzmo]

Just to confirm Mossy and Pat, an TP insurer that has admitted liability will usually agree to pay uninsured losses without hassle. It's in their interest to do so as it lessens costs in terms of them being claimed through some ambulance chaser.

 

Even if not offered, a letter saying you have paid your excess (proof may be required) will normally result in a cheque for that amount. Whatever you do don't be tempted to go to an accident management company (after the loss insurer). You can do exactly what they do with no cost or hassle.

 

Completely superfluous as two people have already said ithe above, but I'm drunk again and desparatelt trying to sober up because I have a job interview tomorrow morning.....

[gyzmo]

desparatelt

 

My attempts so far are not working....

[Mossycat]

Completely superfluous as two people have already said ithe above, but I'm drunk again and desparatelt trying to sober up because I have a job interview tomorrow morning.....

 

Best of luck Gyzmo, hope you get it

 

Mossy

[gyzmo]

Ta Mossy. I think I'm nearly sober now.. suppose I'd better go to bed!

Night!

[jessthecat]

Higsta, did the situation resolve itself? I'm now in a similar situation but have stupidly used the moneyclaim website to try and recover the excess from my insurers rather than the third party's. It would be good to know if the third party's insurers paid up. Thanks.