What happens if a third-party insurance company accepts liability?

Car Insurance Excess: Unravelling the UK Myths

21/06/2019

Rating: 4.58 (9138 votes)

Navigating the world of car insurance claims can often feel like deciphering a complex code, especially when terms like 'excess' come into play. Many drivers in the UK hold certain beliefs about how claims work, particularly concerning fault and financial obligations. We aim to clarify these misconceptions, providing you with the knowledge you need to approach any incident with confidence and a clear understanding of your policy.

Do you pay excess if not your fault?
We’re often asked: “do you pay excess if not your fault”? It depends. If you don’t claim but a third party does, and we pay out, you don’t have to pay your excess. Excess is always payable when you make a claim. The only way your excess can be waived is if the third-party insurer admits liability (this is specific to us).

Understanding your car insurance policy is paramount, not just for smooth renewals but for those unexpected moments on the road. One of the most frequently misunderstood aspects is the 'excess' – that upfront amount you contribute towards a claim. Let's delve into what excess truly means, how it functions, and dispel some of the most persistent myths surrounding car insurance claims.

Table

Understanding Your Car Insurance Excess

At its core, car insurance excess is the pre-determined amount of money you agree to pay towards the cost of a claim before your insurer contributes. It’s a fundamental part of most policies, designed to share the risk between you and the insurance provider. This amount is specified in your policy documents and applies whenever you make a claim, irrespective of who is deemed responsible for the incident.

Types of Excess: Compulsory vs. Voluntary

There are generally two distinct types of excess that combine to form your total contribution:

  • Compulsory Excess: This is a fixed amount set by your insurance provider. It’s non-negotiable and influenced by various factors such as your age, driving history, and the type of vehicle you insure. For instance, younger drivers or those with a less established driving record often face a higher compulsory excess due to perceived higher risk. Similarly, insuring a high-performance or more expensive vehicle might also lead to a higher compulsory amount.
  • Voluntary Excess: Unlike the compulsory amount, this is an additional sum you choose to pay on top of your compulsory excess. Offering to pay a higher voluntary excess can often lead to a lower overall insurance premium, as it signals to the insurer that you’re willing to take on more of the initial financial risk. However, it's crucial to select a voluntary amount that you can genuinely afford, as you will need to pay both the compulsory and voluntary amounts if you make a claim.

The total excess you’ll pay for any given claim is the sum of your compulsory and voluntary excesses. For example, if your compulsory excess is £150 and you’ve opted for a voluntary excess of £100, your total excess for any claim will be £250.

Excess TypeDescriptionImpact on Premium
CompulsoryFixed amount set by insurer based on risk factors (age, vehicle, history).Generally higher for higher risk profiles.
VoluntaryAdditional amount chosen by policyholder.Higher voluntary excess can lower your premium.

Why Do We Have Vehicle Insurance Excess?

The concept of excess serves several purposes in the insurance industry. Primarily, it acts as a deterrent against making small, frequent claims. Without an excess, policyholders might be inclined to claim for every minor scratch or ding, leading to an administrative burden and increased costs for insurers. By requiring an upfront contribution, insurers can minimise the number of minor claims, which in turn helps to keep overall insurance premiums more affordable for everyone.

It also ensures that policyholders have a vested interest in driving safely and maintaining their vehicles, as they will bear a portion of the financial burden in the event of an incident.

The "Non-Fault" Myth: Do You Pay Excess If Not Your Fault?

One of the most common questions and persistent myths revolves around paying excess when you're not at fault for an accident. The belief that "It wasn't my fault, so I won't have to pay my excess" is widespread, but the reality is more nuanced.

Generally, when you make a claim on your own comprehensive car insurance policy, your excess is always payable upfront. This is because your insurer pays for the repairs or damages initially, and your excess is your agreed contribution to that cost. The situation changes depending on whether liability is established and if your insurer can recover their costs.

What happens if a car insurance claim is less than your excess?
The total excess must be paid upfront when making a claim. If repair costs are less than your excess, the insurer won’t contribute. In certain cases, such as fire damage, total loss, or windscreen repairs, the excess may be higher than usual.
  • If a Third Party Claims Against You (and You Don't Claim on Your Policy): If you are involved in an incident where you are not at fault, and the other driver (the third party) claims against your insurance, but you do not make a claim on your own policy for your vehicle's damage, then you typically won't have to pay your excess. Your insurer will handle the third-party claim, and your excess isn't relevant to their payout.
  • If You Make a Claim on Your Policy (Regardless of Fault): If you decide to claim on your own comprehensive policy for damages to your vehicle, you will almost certainly be required to pay your excess upfront. This is the standard procedure. However, the good news is that if the accident is proven to be the other person's fault, and your insurer successfully recovers the full cost of the claim from their insurer, your excess will be refunded to you. So, while you might pay it initially, you won't lose out in the long run.
  • Waiver of Excess: In specific circumstances, your excess might be waived. This is often the case if the third-party insurer admits liability quickly and unequivocally. Some insurers have specific policies regarding this, so it’s always best to check your policy documents or speak directly with your provider.

The key takeaway here is that while you might pay your excess upfront in a non-fault accident, it's usually a temporary payment that will be reimbursed once liability is confirmed and costs are recovered from the at-fault party's insurer. If you're working with a credit hire company or an accident management service, they might even facilitate the recovery of your excess on your behalf, potentially avoiding you having to pay it upfront.

Beyond Excess: Common Car Insurance Claim Myths Uncovered

Beyond the excess, numerous other myths circulate about car insurance claims. Let's debunk some of the most prevalent ones to give you a clearer picture.

Myth 1: "I can claim for all the items that were in my car when it was stolen."

While comprehensive car insurance does offer some cover for personal belongings stolen from your vehicle, it's rarely a blanket cover for everything. Policies typically include a specific, often limited, amount for personal effects. Items like laptops, prams, designer handbags, or smartphones might only be partially covered, or subject to individual item limits. It's crucial to refer to your policy documents to understand the exact extent of your personal belongings cover and any exclusions. For high-value items, it's often advisable to insure them separately under a home contents policy, as your car insurance is primarily designed for the vehicle itself.

Myth 2: "Will a non-fault accident affect my insurance?"

Many believe that if an accident isn't their fault, it won't impact their insurance premium. This is a common misconception. Insurance premiums are calculated based on risk and statistics. Every incident you're involved in, regardless of fault, contributes to your risk profile. While a non-fault incident won't directly impact your No Claims Bonus (NCB) if full costs are recovered, insurers still consider it an 'incident'. They want to know: "have you had any claims or incidents, regardless of fault, within the last three years?" The fact that an incident occurred, even if you weren't to blame, can still be a factor in your renewal premium. It suggests you were in a situation where a claim could have arisen, which is a data point for insurers.

Myth 3: "Liability is always quick to settle."

In an ideal world, liability would be determined swiftly, and claims settled without delay. However, reality is often far more complex. Every claim is unique, and establishing who is truly to blame can be a protracted process. Discrepancies in witness statements, lack of clear evidence, or disputes between parties can significantly prolong the investigation. There's no set timescale for liability decisions; some cases are straightforward, while others require extensive evidence gathering, such as police reports, CCTV footage, or accident reconstruction. Insurers will always strive to expedite the process, but they must ensure a fair and accurate assessment, which takes time.

Myth 4: "I want to claim from the other party's insurance so won’t have to tell my insurer."

This is a critical misunderstanding that can lead to significant problems. You are contractually obliged to inform your own insurance company of any incident involving your vehicle, even if you don't intend to make a claim on your policy. Failing to do so can invalidate your insurance, leaving you uninsured and potentially liable for all costs. Your insurer needs to be aware of any incident so they are prepared should the third party decide to claim against you. Transparency with your insurer is always the best policy.

Myth 5: "My No Claims Bonus will only be affected if an incident was my fault."

Your No Claims Bonus (NCB) is a valuable asset that can significantly reduce your premium. While it's true that an at-fault accident will typically impact your NCB, there are several scenarios where it can be affected even if you weren't entirely to blame:

  • Liability Undecided: If liability is still being disputed and the claim remains open, your NCB might be 'frozen' or provisionally reduced until a definitive decision is made.
  • Partial Fault: If you are found to be partially at fault (e.g., a 50/50 settlement), your NCB will likely be affected.
  • Unrecovered Losses: If your insurer cannot recover their losses from the third-party insurer (e.g., the other driver is uninsured, or their insurer disputes liability and no recovery is made), your NCB could still be impacted.

However, if you have NCB Protection or Guarantee, or if your insurer successfully recovers all costs from the third party in a non-fault incident, your NCB should remain intact. Always declare any incidents to future insurers, regardless of fault or NCB impact.

Myth 6: "I'm not at fault and the third party says they’re not at fault either, so it's 50/50."

The concept of 'knock for knock' or 50/50 settlements is well-known, but it's not an automatic outcome simply because both parties deny fault. While it's true that in the absence of clear evidence or agreement, a 50/50 settlement might be reached, it's not the only possibility. Each case is judged on its specific merits and available evidence. Insurers will gather all possible information – witness statements, dashcam footage, police reports, and even legal precedents from similar court cases – to determine liability. It's not uncommon for claims to settle on a 70/30 or 90/10 basis, reflecting a greater degree of fault on one party over the other, even if both initially deny responsibility.

Do I have to pay for car insurance if I make a claim?
All car insurance providers insist you pay towards any claim you make within your policy year. Whether you’re looking for Third Party Fire and Theft or Comprehensive motor insurance, you will still need to pay a certain amount of excess if you were to make a claim.

Myth 7: "Using my insurer’s approved repairer to fix my car will affect its warranty – approved repairers don’t use manufacturer parts and their work is poor."

This myth is largely unfounded and can lead drivers to make less optimal choices for repairs. Approved repairers are chosen by insurers precisely because they meet high standards of quality and service. They typically offer a lifetime guarantee on all repairs they complete, providing excellent peace of mind. Furthermore, these repairers are mandated to use manufacturer-approved parts for repairs. In rare circumstances where these specific parts are unavailable, they may consider high-quality recycled parts, but always with a focus on safety and performance.

Regarding your vehicle's warranty, a new piece of legislation called the Block Exemption Rule was introduced to ensure competition in the automotive repair market. This rule means that you are not obliged to use your vehicle manufacturer's approved repairer to maintain your warranty. While a warranty company might attempt to invalidate your warranty if repairs are done elsewhere, they can only do so on the specific parts repaired by the non-approved garage, not the entire vehicle. Given that your insurer's approved repairer offers a lifetime guarantee on their work, you are effectively covered and won't lose out on any guarantee or warranty you have on those repaired parts.

What if the Claim is Less Than Your Excess?

Imagine a scenario where you incur minor damage to your vehicle, say a cracked bumper, estimated to cost £160 to repair. Your total excess, combining compulsory and voluntary, comes to £250. In this situation, if you were to claim on your standard comprehensive policy, you would still have to pay your full £250 excess. Since the repair cost is less than your excess, your insurer wouldn't contribute anything, and you'd end up paying more than the actual repair cost through your excess. In such cases, many drivers opt to pay for the repair out of their own pocket to avoid activating a claim and potentially impacting their future premiums or NCB.

Unlocking Financial Peace of Mind: Car Excess Cover

This is where Excess Cover insurance comes into play. Excess cover is a separate policy designed to reimburse you for the compulsory and voluntary excess you pay when making a claim on your main car insurance policy. It's not a substitute for comprehensive insurance, but rather a complementary policy that mitigates the financial burden of the excess.

How it works is straightforward: if you make a valid claim on your main car insurance and pay your excess (e.g., £250), your excess cover policy would then reimburse that £250 back to you, up to your chosen limit. This can be particularly beneficial for drivers who choose a higher voluntary excess to lower their annual premium but want to avoid a large out-of-pocket expense in the event of a claim.

Key benefits of excess cover include:

  • Financial Protection: It takes away the stress of having to pay a large lump sum upfront.
  • Cost-Effective: It can often be more affordable to purchase a separate excess cover policy than to lower your excess directly with your main insurer, which might significantly increase your premium.
  • Multiple Claims: Many excess cover policies allow for multiple claims within a policy term, up to a set annual limit.

However, it's important to note that excess cover typically has certain exclusions, such as incidents that occurred before your policy started, glass repair/replacement (as this often has a separate, lower excess on main policies), or if the excess was waived or paid by a third party. It also doesn't cover vehicles used for hire, reward, or certain business purposes beyond standard Class One use.

For younger or less experienced drivers who often face higher compulsory excesses, excess cover can be an invaluable tool to manage potential costs. It offers peace of mind, ensuring that an unexpected incident doesn't lead to an unaffordable upfront payment.

Do you pay excess if not your fault?
We’re often asked: “do you pay excess if not your fault”? It depends. If you don’t claim but a third party does, and we pay out, you don’t have to pay your excess. Excess is always payable when you make a claim. The only way your excess can be waived is if the third-party insurer admits liability (this is specific to us).

Frequently Asked Questions (FAQs)

Q1: Is excess always paid upfront?

Yes, typically, your excess is paid upfront when you make a claim on your own comprehensive car insurance policy. However, if liability is established against a third party and your insurer recovers costs, your excess will be refunded.

Q2: Does a non-fault accident affect my No Claims Bonus?

Generally, if you are not at fault and your insurer recovers all costs from the third-party insurer, your No Claims Bonus (NCB) should not be affected. It also won't be affected if you have NCB Protection. However, you must still declare the incident to your current and future insurers.

Q3: What if I don't tell my insurer about an incident?

You are legally and contractually obliged to inform your insurer of any incident involving your car, even if you don't intend to claim. Failure to do so can invalidate your policy, leaving you uninsured and liable for any costs.

Q4: Can I choose not to pay my voluntary excess?

No, if you have opted for a voluntary excess, it forms part of your total excess and must be paid in the event of a claim on your policy, along with your compulsory excess.

Q5: Is Excess Cover the same as GAP insurance?

No, they are different. Excess cover reimburses your excess amount after a claim. GAP (Guaranteed Asset Protection) insurance covers the difference between your vehicle's market value (what your insurer pays out) and the original purchase price or outstanding finance, typically in the event of a total loss (write-off or theft).

Conclusion

Navigating car insurance claims and understanding terms like excess can be daunting, but armed with the right information, the process becomes far clearer. We've seen that while you often pay an excess even in non-fault accidents, it's usually refunded if liability is established elsewhere. We've also debunked common myths, from the impact of incidents on your premium to the quality of approved repairs and the crucial need to inform your insurer of every incident.

The key takeaway is that knowledge is power. Always read your policy documents thoroughly, understand your Compulsory and Voluntary excess amounts, and be aware of how different scenarios can impact your No Claims Bonus. Products like Excess Cover can offer an additional layer of financial protection, ensuring that an unexpected claim doesn't leave you with an unmanageable upfront cost. By understanding these nuances, you can drive with greater peace of mind, knowing you're well-prepared for whatever the road may bring.

If you want to read more articles similar to Car Insurance Excess: Unravelling the UK Myths, you can visit the Insurance category.

Go up