Claimants

Do I Have to Pay My Excess After a Non-Fault Accident?

No, not if the claim runs against the at-fault driver's insurer. An excess is a term of your own policy, so if you are not claiming on your own policy there is no excess to pay. If you have already paid one, it is a recoverable loss and you should get it back. Below are the five routes that avoid it, a side-by-side comparison, and the mistakes that cost people their money.

The excess is the most irritating cost in a non-fault accident, because it is money you hand over for something somebody else did. Most drivers assume it is unavoidable. It usually is not.

Here is what an excess actually is, the five routes that avoid paying one, how to recover it if you have already paid, and the mistakes that cost people the money permanently.

What is a car insurance excess, and why do you pay one after a non-fault accident?

An excess is the amount you contribute towards your own claim before your insurer pays the rest. It applies whenever you claim on your own policy, regardless of who caused the accident.

That last point catches people out. The excess is not a penalty for being at fault. It is a term of your policy, so it applies the moment you use that policy, even when the accident was entirely somebody else's doing.

Your total excess is made up of two parts:

  • Compulsory excess. Set by your insurer, based on the vehicle, your age and your claims history. You cannot change it.
  • Voluntary excess. Chosen by you when you bought the policy, to bring the premium down. The higher you set it, the cheaper the policy and the more you pay when you claim.

The number that matters is the two added together. A £250 compulsory excess with a £500 voluntary excess means £750 out of your pocket before your insurer pays anything, and plenty of drivers do not realise they chose the larger half themselves.

What paying your excess actually costs you

The cash is only part of it. Claiming on your own comprehensive policy for a non-fault accident typically costs you three things at once.

You pay the excess up front and wait months to get it back. You put your no-claims discount at risk until your insurer recovers its outlay from the other side. And you carry a claim on your record, which insurers price into your renewal even when the claim is recorded as non-fault.

So the real question is not just whether you can recover the excess. It is whether you needed to use your own policy at all.

Five ways to avoid paying your excess after a non-fault accident

These are the realistic routes. The first is the one most non-fault drivers should be using.

1. Use credit hire and accident management

The claim runs against the at-fault driver's insurer rather than your own policy, so no excess applies and no deposit is required. Your own insurance is not used, so your no-claims discount is untouched.

This is the whole point of credit hire for a non-fault claimant. It carries a limited and defined risk, which we set out honestly on our will I have to pay page, and it only works where you were genuinely not at fault.

2. Claim directly against the at-fault driver's insurer

You can bypass your own insurer entirely and claim against the other side for your repair and losses. No policy of yours is used, so no excess arises.

The trade-off is speed and control. The other insurer sets the pace, chooses the repairer in most cases, and has no particular incentive to hurry. It works well where liability is admitted quickly and you are not desperate for the car.

3. Use motor legal protection

If you bought legal expenses cover as an add-on, it typically funds the recovery of your uninsured losses, which includes your excess. Check your policy documents, because many drivers hold this without realising.

It does not stop you paying the excess in the first place. It funds getting it back.

4. Ask your insurer to waive the excess

Where liability is clear and the other side has already admitted fault, some insurers will waive the excess rather than collect it and refund it later. It is not a right and it is not guaranteed, but it costs nothing to ask, and asking early is far more effective than asking after you have paid.

5. Excess protection insurance

A separate policy that reimburses your excess after you have paid it, usually regardless of fault. If you hold it, claim on it.

One rule: do not claim on excess protection and also recover the same excess from the at-fault insurer. You cannot be paid twice for the same loss. Tell whoever is handling the recovery that you have already been reimbursed.

Own insurer versus credit hire: side by side

The two routes differ in more than just the excess. This is the honest comparison.

Claiming on your own policyNon-fault credit hire
Excess to payYes, compulsory plus voluntaryNone
DepositSometimesNone
No-claims discountAt risk until recovery succeedsNot affected
Replacement vehicleWhatever your policy includes, often a small courtesy carLike-for-like, matched to your vehicle
Who you deal withYour insurerA named handler managing the whole claim

Neither route is right for everybody. If you drive a standard car, the repair is quick and you hold a low excess, your own policy may be perfectly sensible. The calculation changes sharply if you drive something specific or the repair will run long. Our guide to who provides a replacement car compares all four routes.

How to get your excess back if you have already paid it

Your excess is part of your recoverable losses. There are two routes and you should know which one you are on.

  1. Your insurer recovers it for you. This is the default. Your insurer pursues the at-fault insurer for its outlay, including your excess, and passes your share back once the recovery succeeds. You do nothing except wait.
  2. You claim it as an uninsured loss. Either directly against the at-fault insurer, or through a solicitor or accident management provider handling your claim. Faster to control, but you have to drive it.

Either way, keep the paperwork. The receipt or the settlement statement showing the excess deducted is a small document that prevents a long argument later.

How long does it take to get your excess back?

It depends almost entirely on how quickly liability is settled, not on how efficient anybody is.

  • Liability admitted early and in full. Typically a few weeks to a couple of months.
  • Liability disputed. Considerably longer, because nothing is repaid until the dispute resolves.
  • Split liability. You may recover only a proportion, matching the split. A 50/50 finding usually means half your excess back.

If months have passed with no update, chase your own insurer in writing and ask specifically about the status of the recovery. Recoveries sit in queues, and a written chase moves them further than a phone call.

Common mistakes that cost people their excess

Four come up repeatedly, and all four are avoidable.

  • Going straight to your own insurer out of habit. It is the reflex, and it is what puts the excess and your no-claims discount in play in the first place. Understand the routes before you pick one.
  • Not checking for motor legal protection. Plenty of drivers pay to recover losses that an add-on they already hold would have covered.
  • Throwing away the paperwork. No evidence of payment makes recovery slower and sometimes impossible.
  • Going quiet. You are expected to act reasonably and keep the cost of the claim down. Silence is read as a failure to mitigate and it can genuinely reduce what you recover.

Does a non-fault claim affect your no-claims discount?

It can, while the recovery is still running. Until your insurer recovers in full, the claim usually sits on your policy, and a claim on your record affects renewal pricing even when it is marked non-fault.

Once a full recovery succeeds, the claim should be recorded as non-fault and your discount restored. The cleanest outcome is to keep the claim off your own policy entirely, which is what the first two routes above are for.

Need a replacement vehicle now?

If your car is off the road after an accident that was not your fault, call us on 01606 662300 and we will tell you straight away what we can get you and how quickly. Lines are open Monday to Friday, 8am to 6pm, with after-hours support available.

Frequently asked questions

Do I have to pay my excess after a non-fault accident?

Not if the claim runs against the at-fault driver's insurer, either directly or through a credit hire provider, because an excess is a term of your own policy. You only pay it if you claim on your own comprehensive policy.

What is the difference between compulsory and voluntary excess?

Compulsory excess is set by your insurer based on the vehicle, your age and your claims history, and cannot be changed. Voluntary excess is the amount you chose when buying the policy to lower the premium. You pay both added together when you claim.

Will I get my excess back after a non-fault accident?

Yes, if liability is established. Your excess is a recoverable loss. Either your own insurer recovers it as part of its claim and passes it back, or you claim it as an uninsured loss directly or through a solicitor or accident management provider.

How long does it take to get my excess back?

Where fault is admitted early and in full, typically a few weeks to a couple of months. Where liability is disputed it takes considerably longer. On a split liability finding you usually recover only the matching proportion.

Can I avoid paying my excess altogether?

Yes, in most non-fault cases. Using credit hire or claiming directly against the at-fault insurer means your own policy is never used, so no excess arises. You can also ask your insurer to waive it where liability is already admitted.

Does a non-fault claim affect my no-claims discount?

It can while your insurer is still recovering its outlay, because the claim sits on your policy in the meantime. Once a full recovery is made it should be recorded as non-fault and your discount restored. Keeping the claim off your own policy avoids this entirely.

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