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Car Accident Claims And Insurance Excess Fees

By Danielle Jordan. Last Updated 27th June 2024. If you’re involved in a road traffic accident which is not your fault, you may be entitled to make a personal injury claim.

Within this, you can make claims for the initial injuries that you are suffering, financial losses and compensation for damage to your vehicle. You may also need to make a claim on your own vehicle insurance for initial repairs to your vehicle, before receiving any compensation due from the other party involved. If you do this, your insurance company may charge you the excess which is outlined in your insurance policy.

In this guide, we will take you through what you need to know about making car accident claims and how your insurance excess works.

How Do Insurance Excess Fees Work?

We will use the example insurance excess amount of £100. If you have an accident where the cost of the repair is £1,100, your insurance provider will ask you to pay for the first £100 of the repair. The remainder (£1,000) will be paid by the insurance provider.

The insurance provider could ask you to pay the first £100 or withhold this from any payments to a third party. All insurance policies will include a compulsory excess, some will also include the further, voluntary excess.

Compulsory Versus Voluntary Excess

Are you wondering ‘a car hit us from behind and my insurance company want us to pay an excess fee – what do we do’? If so, it will help to understand what compulsory excess is vs voluntary excess.

All insurance policies will have some form of compulsory excess. This is applied no matter the circumstances and will be automatically deducted by the insurer. The amount of compulsory insurance you will be charged will depend on factors such as your age, vehicle and length of time driving. Different drivers fall into different risk categories.

Voluntary excess is a little different to this. In a voluntary excess, you will often set the additional amount which you are willing to pay. The more you increase this, the lower insurance premiums often are. Drivers need to ensure that they are happy with the level of coverage and their combined excess value when taking out a policy. When making a claim you will need to pay the compulsory and voluntary excesses together.

If You Have An Accident Which Is Not Your Fault, Do You Still Pay An Excess?

Insurance excess is the amount of money which is either held back by an insurance company or which you have to pay in the event of making a claim. Even in the event of a car accident, not my fault, you will still need to pay this amount. The cash figure for this will vary according to your vehicle, policy, cover, the number of years driving and whether or not you have protected your no claims bonus. Some policies also allow you to add a further car accident voluntary excess, reducing the cost of your insurance.

You will pay the excess in the event of any claim you need to make against your insurance policy. This is regardless of whether or not you were to blame for the accident. If it is proven that the other party was responsible for the accident and that you were not at fault, you can recover the cost of this ‘excess’ payment from their insurance policy. This can be done on its own, or as part of a car accident claim.

When Do You Have To Pay The Excess Fee On Car Insurance?

Before we confirm whether you are expected to pay your car insurance excess fee, we want to discuss the meaning of compulsory excess and voluntary excess. The excess is what you pay when making a car accident claim on your insurance. It’s refunded if you’re not at fault. Compulsory excess is what your insurer decides, whilst voluntary excess is decided by you and is what you can afford to pay should you claim.

If you have excess protection insurance, your insurance excess payment could also be claimed back on one insurance claim during the 12 months of your policy. This is in cases of:

  • Fire
  • Theft or attempted theft
  • Accidental damage
  • Malicious damage

Insurers may ask you to pay your excess straight away in order to begin your claim. However, as long as you weren’t at fault for the road traffic accident, you could potentially get this fee back.

Please don’t hesitate to get in touch with us if you have any questions about the excess fee. We’re available to chat 24/7 and can offer you free no-obligation advice. Furthermore, you may be put in touch with one of our expert car accident solicitors.

How To Claim Back Your Insurance Excess

If you are wondering how to claim back your insurance excess, you could do so under special damages.

Although legal assistance is not required, a solicitor could help you make an excess claim. We would recommend that you choose solicitors who have the experience and know how to claim back your insurance excess.

Our solicitors at Legal Expert have helped clients make successful excess claims in the past and may be able to help you. If you get in touch with our advisors, they can offer a no-obligation initial consultation so they can assess your eligibility to claim.

When And How Can I Claim For A Car Accident?

If you have been injured in a car crash, compensation could be awarded to you for the pain and suffering that your injury has caused you and any financial losses you have suffered. However, car crash claims can only be made if the following apply:

  • Another road user owed you a duty of care.
  • This road user breached their duty of care.
  • As a result, you were injured in an accident.

All road users owe each other a duty of care. Per this duty of care, they must use the roads safely and responsibly to prevent accidents. They must also follow the rules that are set out for them in the Road Traffic Act 1988 and the Highway Code. If another road user were to breach their duty of care by behaving recklessly on the road, this could result in an accident where you are injured.

Contact our advisors today if you still have any questions about how to make a claim for a car accident. Additionally, our advisors could offer you free legal advice regarding your specific claim. However, there is no obligation to start a claim after speaking with them.

Can I Make A No Win No Fee Claim For My Injuries?

A conditional fee agreement or no win no fee services is provided on the basis that if your claim is unsuccessful, then you will not have to pay anything for your solicitor’s services. No win no fee agreements are helpful for those who are worried about affording upfront costs. A no win no fee agreement ensures that there are no nasty surprises for claimants.

How Legal Expert Can Help

As mentioned, you may still have to pay an excess if an accident was not your fault. However, our experienced solicitors at Legal Expert can help you claim back your insurance excess fee and any additional premiums and costs you had faced if you had claimed for repairs through your insurance.

If you get in touch with our advisors today, they could potentially connect you with one of our specialist road traffic accident solicitors. To learn more about how we could help you, you can reach out to an adviser now by:

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We also have some other guides on car accident claims that you may find useful:

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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