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Paying car ecess when involved in car accident and not my fault ?

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Paying car ecess when involved in car accident and not my fault ?

Postby galvyn » Wed Apr 11, 2012 2:38 am

I had my car damaged whilst stationery(parked in the car park). When I got back the other driver who did damage the car admitted liability even wrote it down. Now my car is repaired - I have curtesy car but my insurance company is asking to pay that excess wven though they know its not my fault. I havent £350 at moment and not caused this damage to my car so what to do ?
Garage is asking for money wants to bring the car back, Courtesy car comp want to take their car away so I will have no car and disabled child so need transport daily !!!
my insurance company says I should pay as I get it back but thats not the point . I just cant pay ? surely the other side should pay.
Tried to look it up in my car insurance contract but couldnt see clause about paying excess when involved in the car accident. Would appreciate professional advice please.
galvyn
 
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Paying car ecess when involved in car accident and not my fault ?

Postby abban » Wed Apr 11, 2012 2:40 am

You're not liable to pay an excess if the accident wasn't your fault. Stick to your guns & demand that they explain why you should pay.
Be VERY careful with the hire car: You may be charged if you keep it after you are informed that your own car is ready - this is becoming a very common issue.
abban
 
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Paying car ecess when involved in car accident and not my fault ?

Postby mannis74 » Wed Apr 11, 2012 2:46 am

Are you saying they want you to pay for the car rental? Well if your insurance contract does not allow for car rental after an accident, then yes, you are required to pay. Rental insurance is an option you pay for when you choose the type of policy you want.
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Paying car ecess when involved in car accident and not my fault ?

Postby forgael » Wed Apr 11, 2012 2:53 am

Firstly if your car is fixed you must give back the courtesy car or you will be charged daily for it. When you agreed to take insurance you agreed an excess (£350) that means you agree to pay the first £350 of ANY claim your fault or not. In the case where the accident is not your fault it's called an "uninsured loss" ,you still pay the £350 but claim it back after the other party has settled the claim , if it was your fault,you lose the money - that's why your premium was lowered in the 1st place when you took out the insurance. So the ins company will not give money to the garage to release the car until you pay them £350. You can try to explain to ins company you don't have the money,get a local community loan with low interest,borrow from a relative.I reckon you will get the excess back within 3 months. I don't think the ins comp will move on this.
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Paying car ecess when involved in car accident and not my fault ?

Postby eames » Wed Apr 11, 2012 3:03 am

Firstly if your car is fixed you must give back the courtesy car or you will be charged daily for it. When you agreed to take insurance you agreed an excess (£350) that means you agree to pay the first £350 of ANY claim your fault or not. In the case where the accident is not your fault it's called an "uninsured loss" ,you still pay the £350 but claim it back after the other party has settled the claim , if it was your fault,you lose the money - that's why your premium was lowered in the 1st place when you took out the insurance. So the ins company will not give money to the garage to release the car until you pay them £350. You can try to explain to ins company you don't have the money,get a local community loan with low interest,borrow from a relative.I reckon you will get the excess back within 3 months. I don't think the ins comp will move on this.
If you have an admission of fault from the other driver you should look to him for the excess. He, or his insurers, are responsible for all your costs, including extra hire charges, interest after you've asked for ther money and so on. If your insurers are halfway good they should have demanded the 350 from the other driver on your behalf. Start by asking them about it. You can threaten to sue the driver, and even do so in small claims court. Starting proceedings often gets a result.
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Paying car ecess when involved in car accident and not my fault ?

Postby adiv » Wed Apr 11, 2012 3:08 am

You are going to end up in a real mess- you have to pay the £350 and wait for it to be recovered.
Unless you pay you won't get the car back, and the other car will become a hire car, charged at at least £25 a day.

Get the £350 somehow.
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Paying car ecess when involved in car accident and not my fault ?

Postby leon » Wed Apr 11, 2012 3:10 am

The excess is an uninsured loss but not until you have actually paid it. Once you have paid it then you can attempt to recover this from the other driver. You need to do this by using the additional legal protection bought with your insurance policy. If you do not have this cover then there is virtually no way to get it back if they refuse to pay.
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Paying car ecess when involved in car accident and not my fault ?

Postby art96 » Wed Apr 11, 2012 3:20 am

Initially, you would pay the excess, but then your policy will have a section called Uninsured Loss Recovery, or something similar, which will tell you how to claim it back from the third party.

I appreciate that you say you can't pay it, but you accepted that excess when you accepted the policy. It is written in to your contract. The claim is being settled between you and the third party, so neither the garage or your own insurer can get it back for you. It is just a case of phoning a telephone number listed in the uninsured loss section of your policy and they will recover it for you. It doesn't take long.
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Paying car ecess when involved in car accident and not my fault ?

Postby thane » Wed Apr 11, 2012 3:24 am

Thank you all for your contributions. I been stressing over this all over the Easter.

Special thanks to Timbo and Ninco.


I did try to find uninsured loss cover number but I didnt and yes my policy says I have to pay voluntary excess . The company is called AutoDirect .The garage (to drop my car off)and courtesy car company(taking theirs back) are coming tomorrow .

Thanks again :-) this forum is great :-)
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