Do you get your excess back if it's not your fault?

Asked by: Silas Dietrich II  |  Last update: August 19, 2025
Score: 4.4/5 (61 votes)

Paying excess for a car accident that isn't your fault When you pay the excess for a car accident which isn't your fault, you may need to claim this back from the insurance company of the driver who caused the accident once the claim is settled, if you don't have legal expenses cover to pay this for you.

Do I get excess back if not my fault?

Paying the excess when it's not your fault If the other driver has admitted fault and has already told their insurer, your excess might be waived. But usually you'll have to pay it -- so make sure you can afford it. When your insurer is certain you're not at fault, you'll get it back.

How does insurance work if it's not your fault?

You will file a claim with your auto insurance for damage to your vehicle, medical bills, property damage, and, potentially, lost wages due to injury. The car insurer collects money from the at-fault driver's coverage. Your claims might be limited by the other driver's coverage limits and the state where you live.

Why do I have to pay excess if it's not my fault?

Your excess isn't a punishment for being to blame for an accident - it's simply the part of any claim that isn't covered by your policy. Your fault, somebody else's fault, nobody's fault in particular, it makes no difference - if you make a claim on your own policy your excess will be payable.

Do I pay excess if not at fault direct line?

If you're in an accident with an uninsured driver that isn't your fault, we'll protect your claims-free years and also cover your excess. Make sure you get the registration number, make and model of the other vehicle, and the other driver's details (if possible) to make a claim.

Do I have to pay excess if not my fault?

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Do I have to pay excess if not my fault budget direct?

If you are involved in a no fault car accident and make a claim, then you do not have to pay any excess (provided we decide the other driver was entirely at fault and we can obtain the at fault driver's full name, residential address, and vehicle registration number).

How does excess work in car insurance?

In simple terms, car insurance excess is the amount you agree to pay towards the repair of your car if you need to make an insurance claim. So, if your car's damaged in an accident, there'll be a set amount you'll have to pay towards the repairs and your insurer will cover what's left of the cost.

Should I file an insurance claim if I am not at fault?

Always File a Claim, Regardless of Who Was At-Fault

One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.

Is it better to pay excess or not?

If you raise your excess, this will decrease the cost of your premium. On the other hand, reducing your excess will raise the cost of your premium. So, when making this decision, consider what is right for you and your circumstances. You may need to pay a set excess for specific claims, such as an age excess.

What happens if insurance overpays you?

How the Overpayment is Handled Depends on the Situation. In some situations, they may allow you to keep the funds if you incur other damages related to your claim. However, they may also ask you to fill out a form returning the excess money to their agency.

Do you get money from no-fault insurance?

So let's start with a basic definition: no-fault insurance, sometimes referred to as personal injury protection insurance (PIP), can help cover you and your passengers' medical expenses and loss of income in the event of a covered accident, regardless of who is found at fault.

What happens when a car accident wasn't your fault?

The first step is to get the other party's car insurance information and then report the accident. You should call 911 or the police to respond to the scene. You must also report the accident to both your own insurer and theirs. Generally, this will start the claims process with the at-fault party's insurer.

Does insurance go up even if it's not your fault?

Some may raise your premiums by 10 percent, while others may charge you only 2 percent more. In addition, certain states, such as California and Oklahoma, don't allow insurance companies to increase rates after a non-fault claim.

Can I claim back my excess?

When you pay the excess for a car accident which isn't your fault, you may need to claim this back from the insurance company of the driver who caused the accident once the claim is settled, if you don't have legal expenses cover to pay this for you.

Will insurance pay out if it was my fault?

Who pays for an at-fault accident? If the situation is clear-cut, or one party admits that they caused the accident, the at-fault driver's auto insurance should pay for any property damage and medical bills, and in some cases compensation for other damages, such as pain and suffering.

What happens if a third party does not report an accident?

The insurer can repudiate liability. It can lead to a loss of protection under the policy of the insured policyholder. The insurer can also, in case of any delay in reporting the car accident, do any of the following: Confiscate the policyholder's NCD entitlement.

Do I still pay excess if not my fault?

You pay the excess in the event of any claim made on your insurance policy regardless of who is to blame. However, if it's proved the accident was the other person's fault and the full cost is recovered from their insurer, you may be able to recover this amount.

How to get out of paying excess?

You should explain that you are in financial difficulty and cannot currently afford to pay the excess but that your claim is otherwise covered by your policy.

Do I have to pay if I hit someone's car?

Hitting a parked car is the same as any other kind of car accident when it comes to key issues like fault and insurance coverage. If no insurance covers the incident, the driver who hit the parked car will personally be on the financial hook for any resulting vehicle damage.

Do you get your deductible back if you're not at fault?

Yes, if you have to pay your deductible and you were not at fault, you may be able to get it back from the at-fault driver's insurance company. This is called subrogation. Your insurance company will pursue the at-fault driver's insurance company to recover the money paid for the damages, including your deductible.

When someone hits you, do you call your insurance or theirs?

For example, if your car repair damage is $19,000 and the other driver's insurance covers up to $15,000, you still have to pay $4,000 in repair bills. In this case, your car insurance company may cover the costs resulting from this underinsured driver. This is why you should call your insurance if someone hits you.

Is it better to use your insurance or theirs?

After a car accident, you should notify your insurance company and file a claim, and not deal with the other driver's insurer. Except in rare circumstances, it is not wise to contact them. Your insurance company represents you, and the other driver's insurance company represents them.

Do I need to pay excess if I'm not at fault?

Once liability has been determined by the insurer and if you're found to be not at fault, your excess will be waived and your claim will continue as normal. It can be easy to assign blame and assume it's the other driver's responsibility to cover costs, especially if the events around the incident weren't clear-cut.

What is the purpose of an excess?

An excess (also known as a deductible) is an amount the policy holder must pay if they proceed with making an insurance claim on their insurance policy.

What does an excess policy cover?

Excess liability insurance covers claims that exceed the limits of a primary insurance policy. If a business hits the per-claim or aggregate coverage limit on a particular primary policy, excess liability insurance will kick in to cover the amount in excess of the underlying policy limit.