The excess is the single most irritating cost in a non-fault accident, because it is money you hand over for something you did not do. The good news is that in most non-fault claims you can avoid paying it at all, and where you have already paid, it is recoverable.
Here is when you pay it, when you do not, and how to get it back if you already have.
Do you have to pay your excess after a non-fault accident?
It depends entirely on which route your claim takes, not on who was at fault.
If the claim runs against the at-fault driver's insurer, whether directly or through a credit hire and accident management provider, there is no excess to pay. The excess is a term of your own policy, so if you are not claiming on your own policy, it does not apply.
If you claim on your own comprehensive policy, you pay your excess up front, even though the accident was not your fault. Your insurer then tries to recover its outlay, including your excess, from the at-fault side.
When you would pay it
You would pay your excess in these situations:
- You claimed on your own comprehensive policy for the repair, so the excess is deducted from the repair cost or the settlement.
- Liability is genuinely disputed and you need your car repaired now rather than waiting for the argument to finish.
- The at-fault driver cannot be traced or is uninsured, so there is no third-party insurer to claim against, though a claim through the Motor Insurers' Bureau may be possible instead.
In the first two, the excess is a cash-flow problem rather than a permanent loss. You should get it back.
When you would not
You would not pay an excess where:
- You use a credit hire and accident management provider. The replacement vehicle and the claim run against the at-fault insurer. There is no excess and no deposit. Our will I have to pay page sets out the full position including the honest caveats.
- You claim directly against the at-fault driver's insurer for your repair and losses, rather than going through your own policy.
This is the main practical reason people use credit hire for a non-fault accident. It keeps your own policy, your excess and your no-claims discount out of it entirely.
How do you get your excess back?
If you have already paid it, your excess is part of your losses and is recoverable from the at-fault driver's insurer.
There are two routes. Your own insurer recovers it as part of its subrogated claim and passes it back to you, which is the normal path and requires nothing from you beyond patience. Or you claim it yourself as an uninsured loss, either directly or through a solicitor or accident management provider handling your claim.
Keep the receipt or the statement showing the excess was deducted. It is a small document that saves a long conversation later.
How long does it take to get back?
It depends on how quickly liability is admitted. Where fault is clear and admitted early, a few weeks to a couple of months is typical. Where liability is disputed or split, it can take considerably longer, because nothing is repaid until the argument is finished.
If it has been months and you have heard nothing, chase your own insurer for an update on the recovery, in writing. Recoveries can and do sit in queues.
What if you have excess protection?
Excess protection is an add-on that reimburses your excess after you have paid it. If you hold it, you claim on that policy separately and it pays you back, usually regardless of fault.
Do not claim on it and also recover the excess from the at-fault insurer, because you cannot be paid twice for the same loss. Tell whoever is handling the recovery that you have already been reimbursed.
Does a non-fault claim affect your no-claims discount?
It can, if you claim on your own policy and your insurer cannot recover its outlay. Until a recovery succeeds, insurers often record the claim against your policy, and a non-fault claim on your record can still affect your renewal premium.
Once your insurer recovers in full, the claim should be recorded as non-fault and your no-claims discount restored. Keeping the claim off your own policy in the first place avoids the whole cycle, which is worth weighing when you decide which route to take. Our guide to who provides a replacement car compares the routes side by side.