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How to Claim Back Insurance Excess

Guide to recovering insurance excess payments where the wrong amount was charged or where it should be refunded after a non-fault claim.

7 min read
Updated 2 February 2026

Step-by-Step Guide

1

Check your policy

10 mins

Review your policy to confirm the correct excess amount. Check for different excess levels for different claim types.

Tip: Policies often have different excesses for windscreen, young drivers, etc.

2

Document the overcharge

10 mins

Gather evidence showing what was charged versus what should have been charged.

3

Request refund

10 mins

Write to the insurer explaining the error and requesting a refund of the overpaid amount.

4

Escalate if refused

20 mins

If refused, make a formal complaint. Escalate to the Financial Ombudsman if needed.

5

File court claim

15 mins

If FOS route is exhausted, file via Money Claim Online for the excess amount.

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Understanding Excess Recovery

Insurance excess is the amount you pay towards a claim. Sometimes the wrong excess is charged, or you can recover it from a third party in non-fault situations.

Common scenarios: - Wrong excess applied - seeking repayment - Excess not refunded after non-fault claim resolved - Multiple excess charges on same incident - Undisclosed excess amounts at purchase

Types of excess: - Compulsory excess (set by insurer) - Voluntary excess (you choose) - Special excess (young drivers, specific claims)

Evidence You Need

Essential evidence: - Policy documentation showing correct excess - Claims correspondence showing what was charged - Payment records - Fault determination (for non-fault recovery)

Helpful evidence: - Third-party admissions of fault - Policy schedule at time of incident - Previous excess payments for comparison

Tips: - Keep all policy documents from time of purchase - Note any changes to excess levels - Get fault determination in writing

What You Can Claim

Typical claim value: £50 - £2,000

You can claim: - Difference between excess charged and correct excess - Full excess if non-fault and recoverable from third party - Multiple excess charges if incorrectly applied

Non-fault recovery: If another party was at fault, your insurer should recover your excess from them (or their insurer). If they have not done so, you can pursue it yourself.

Non-Fault Excess Recovery

How it works: In a non-fault accident, you should not have to pay excess. Your insurer typically recovers it from the at-fault party's insurer.

If insurer has not recovered: - Ask your insurer to pursue it - Give reasonable time for recovery - If they fail to recover, you can claim directly from the at-fault party

Claiming directly: If you have clear evidence the other party was at fault, you can file a small claims court case against them for your excess and any other uninsured losses.

Uninsured at-fault driver: If they were uninsured, the Motor Insurers' Bureau may help, or you claim directly against the driver.

Frequently Asked Questions

No. The excess must be as stated in your policy documents. If they charge more, this is an error you can challenge. Check your policy schedule for the correct amounts.

Legal Disclaimer

This guide provides general information about UK small claims court procedures and is for educational purposes only. It does not constitute legal advice. CourtPilot is not a law firm and is not regulated by the Solicitors Regulation Authority. The law may have changed since this guide was last updated. For advice specific to your situation, please consult a qualified solicitor or seek help from Citizens Advice.

Related Guides

Industry-Specific Guidance

We have detailed guides tailored for specific industries facing these types of disputes.

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NOT A LAW FIRM | NOT REGULATED BY THE SRA | NOT PROVIDING LEGAL SERVICES

CourtPilot provides AI-powered information tools to help you understand UK small claims procedures. We are NOT qualified solicitors, NOT regulated by the Solicitors Regulation Authority, and do NOT provide legal advice or reserved legal services. All information is for educational and planning purposes only. You are responsible for your own legal decisions.

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