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.
Step-by-Step Guide
Check your policy
10 minsReview 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.
Document the overcharge
10 minsGather evidence showing what was charged versus what should have been charged.
Request refund
10 minsWrite to the insurer explaining the error and requesting a refund of the overpaid amount.
Escalate if refused
20 minsIf refused, make a formal complaint. Escalate to the Financial Ombudsman if needed.
File court claim
15 minsIf 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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