Can I get my excess back?

[JohnBoyII]

I parallel parked my car in a car park and the driver in the next car dented my door when they opened their door without looking; I was sitting in my car at the time. They admitted fault and said to let them know how much it would cost to repair as they didn't want to go through insurance. I got a quote (£170/-) and told the other driver, who said they would send a cheque. The cheque always seems to be "in the post".

I want to put it into my insurance but the repair cost is less than my excess. Am I legally entitled to have my excess waived as I am not at fault? Or is it at the discretion of the insurance company?

 

[Diyisfun]

Do you have legal protection on your car insurance?

 

[AlanE]

The excess is a NO CLAIM discount not a NO BLAME discount so the excess is really payable.

Do you have insurance details of other driver?

If you prefer to continue without involving insurance companies write to other driver simply stating that failure to make payment within 7 days will result in a Court Summons being issued. Then visit Money Claim On Line and do it.
https://www.moneyclaim.gov.uk/web/mcol/welcome

 

[JohnBoyII]

Yes I have legal cover with my full comp. I don't have the other driver's insurance details, they declined to give it to me because they wanted to do it privately. Are they legally obliged to give it to me?

I last made a claim about 8 years ago when I was shunted from the rear. The other driver admitted fault and it went through insurance as they then wouldn't answer their phone or reply to letters. It didn't affect my NoClaims as it was ruled in my favour, but it took me almost 4 months (and endless phonecalls) to get my excess back. Even then my insurance company said they were only doing it as a goodwill gesture.

Is the law that you have to pay the excess? I thought if you weren't at fault then even if you have to pay it your insurance company claim it back from the other driver.

 

[gregers]

horse bolted etc.but you shouldve insisted on him giving you his details on the day if he still didnt comply then say your ringing the ole bill.
as its past tense,he can now deny all knowledge of it ever happening.

give your legal fee department a call and see what they advise.

 

[nitro23456]

Unfortunately you will have to pay the excess.

Did you get the details of the other party? (reg no. name etc). If so I would say you will contact the police if the cheque deosnt arrive in 7 days.

 

[iwaters]

If you have their reg number you insurer will be able to get their details from the insurance database. I had the same a few years back.

Your legal protection will sue the other insurer for the cost. It takes a while though. When I went through the other insurer waited until the day before the court hearing and then settled. 2 Years later.

I had no witnesses to the accident at all as it was in a car park of my block of flats. The other driver denied it but I took photos of the damage to both cars.

It would cost an insurer more in legal fees to fight this than it would to just settle.

 

[GrahamPearce]

"Are they legally obliged to give it to me?"

Yes they are....but I doubt they have any.

...and as for the excess you will get it back IF the other party admit fault, but more than likely the ins companies will agree to a 'knock for knock'. i.e. no fault.