Step-by-step
Check your policy
Review your policy to confirm the correct excess amount. Check for different excess levels for different claim types.
Document the overcharge
Gather evidence showing what was charged versus what should have been charged.
Request refund
Write to the insurer explaining the error and requesting a refund of the overpaid amount.
Escalate if refused
If refused, make a formal complaint. Escalate to the Financial Ombudsman if needed.
File court claim
If FOS route is exhausted, file via Money Claim Online for the excess amount.
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
Can my insurer charge different excess to what is in my policy?
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.
How long should I wait for my insurer to recover my excess?
Recovery can take months, especially if liability is disputed. Ask for updates regularly. If they confirm recovery but have not refunded you, chase it. If they close the case without recovering, you can pursue the third party yourself.
Can I claim excess from the other driver directly?
Yes, if they were at fault. You can file a small claims case for your excess plus any other uninsured losses (hire car costs, etc.). You do not have to wait for insurers to sort it out.
What if both parties are partly at fault?
Your recovery will be reduced by your percentage of fault. If you were 25% at fault, you can recover 75% of your excess from the other party.
My excess went up after my claim - can I challenge this?
Excess changes at renewal are part of the new policy terms. You can shop around for better terms. However, if excess was changed mid-policy without notice, that can be challenged.
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.