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DM&Penfold
11-10-2011, 23:05
A friend had a car accident recently that was not his fault.
He has fully comp insurance and protected no claims.
Can you tell me if he will be expected to pay the excess?
If this is the case, why?also, can he claim it back from the other driver?
And last thing how would he go about it.
Thanks
Penfold

TIS
12-10-2011, 00:48
A friend had a car accident recently that was not his fault.
He has fully comp insurance and protected no claims.
Can you tell me if he will be expected to pay the excess?
If this is the case, why?also, can he claim it back from the other driver?
And last thing how would he go about it.
Thanks
Penfold
Speak to your insurance agent who should be able to advise you on all of the issues raised. If they can't, change the company you deal with!
Essentially, no he would not have to pay any excess. This is only payable if the claim is his fault. Protected No Claims does not affect the payment of an excess, but protects the level of bonus applicable to the policy on renewal. Depending on the company one can have x number of at fault claims in y years without having your level of binus reduced. So for instance with our company, you can have 1 at fault claim each year and not suffer from a reduced bonus. This is better than I remember ever having in the UK where it used to be 2 claims in 5 years.

timmylish
12-10-2011, 02:35
A friend had a car accident recently that was not his fault.
He has fully comp insurance and protected no claims.
Can you tell me if he will be expected to pay the excess?
If this is the case, why?also, can he claim it back from the other driver?
And last thing how would he go about it.
Thanks
Penfold

The comments and advice given by TIS are entirely correct. Although some people go for the cheapest insurance (online etc) it is times like this that having your Agent located near to you gives so much peach of mind but more importantly, they can deal with your queries immediately. I am confused as to why it is necessary to seek this advice on here and not at your Agents!
It is exactly the reason we moved all our insurances to TIS years ago and have never, ever regretted this.

DM&Penfold
12-10-2011, 08:08
Thank you for the advice.
As you know nothing is straight forward and this is no exception but thank you for the advice, it helps.
Penfold

TIS
12-10-2011, 09:10
It is possible that the Third Party ( Other company) were taking a long time to admit liability, in which case it can be much quicker to pay the excess to the garage and thereby get the car back sooner. Otherwise if one waited until the Third has admitted liability you may have to get a hire car, which the other company seldom agrees to pay for. In this case though, just submit the invoice/factura for the excess and it will be repaid once the Third Party has admitted liability - or should be.

Added after 6 minutes:

Don't forget, at any time you have the right to complain, but this should be done in the right order i.e. first to the agent,, if no acceptable response, to the in surance company's complaint's department and then if still not happy, to the Insurance ombudsman. Remember, all legal businesses will have a "libro de visitas" and must provide a client with a complaints form ( a "hoja re reclamación" ) if requested. If this is refused, you have the right to call the police who will insist that you are given one, even if your complaint is not justified as the police are not there to decide if you have a justifiable reason for comlaint, but simply to enforce your right to a coplaints form. If the business is not legal, they will bend over triple to resolve your complaint as they obviously do not want the police to come visiting and do an inspection at the same time!

tracey_in_tenerife
12-10-2011, 09:19
We had a accident in our car in march , wasn't our fault , we was selling our car and then sold it , we had to pay the access to get the car repaired , we still haven't got the access back yet !!!


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TIS
12-10-2011, 16:08
So have you had it confirmed that the Third Party have accepted libility yet? If so, submit your invoice for the excess to reclaim it. IF your agent will not do this, why would be beyond me, as it's not their money that is being paid out, then lodge a complaint direct to the insurance company.

Balcony
12-10-2011, 16:45
Of course your friend will usually have to pay his own excess first. It is then for him to submit a claim to the other party's insurer to recover the excess. Recovery of the excess is a step towards protecting his own position.

DM&Penfold
12-10-2011, 19:58
Of course your friend will usually have to pay his own excess first. It is then for him to submit a claim to the other party's insurer to recover the excess. Recovery of the excess is a step towards protecting his own position.
thanks but your opinion seems contry to what the others have said,
thanks anyway,
we will speak to the agent about claiming back the excess,
All I can say is thanks for all you opinions and watch this space
I will let you know the outcome, DM

TIS
12-10-2011, 23:09
Of course your friend will usually have to pay his own excess first. It is then for him to submit a claim to the other party's insurer to recover the excess. Recovery of the excess is a step towards protecting his own position.

Read this thread. Your comment is totally incorrect.

Balcony
13-10-2011, 11:31
Only saying what I have experience if having had an accident. However, one exception was where a truck wrote off my car and the lawyers got in fast and recovered my excess first.

DM&Penfold
13-10-2011, 15:16
a quick up date
My friends had a meeting with the agent today.
He is adamant there will be no problem in them getting their excess back. He insists he was always going to help them claim it back and they are not to worry all will be sorted.
There is a bit more I can’t go in to here but the end result is we are confident they will get their excess back.
It really helped to know that they should be able to get it back.
Thanks for all your help. Penfold.