car insurance query

[parbrit]

someone hit me from behind--totally their fault---her insurers admitted liability---my insurers deemed my car a total loss----they offered me market value but are going to deduct my excess. Is this right??

[Ethel]

Yes - your insurance premium is lower because you have a voluntary excess.

It is up to you to claim this back from the other side as it is an 'uninsured loss'.

If you have legal protection as part of your insurance cover they should help you recover the monies.

[Buenchico]

Hmm

I have the greatest of respect for Ethel (who is one of AB's finest contributors). However, I can't agree with Ethel's answer.

Let's try an analogy:
Suppose that the other driver had (as a result of negligence), instead of colliding with your car, gone off the road, crashing through your garden fence and damaging the wall of your house. You'd have been entitled to claim against the driver (and, ultimately, their insurer) for the full cost of repairs to your fence and house. It would be completely irrelevant as to whether you had property insurance or as to what the excess might be on any such insurance.

As I see it, you're now in a similar position. i.e. your claim is against the other driver (and hence against their insurance company). Your own insurance policy is completely irrelevant. (You'd still be entitled to make a claim for full compensation even if you'd been driving, illegally, without any insurance). Your own insurance company might be acting as your agent when making a claim against the other driver's insurer but that does not give them the right to withhold payment of any excess. However, any challenge about the level of payout should be directed to the other driver's insurer, rather than your own.

Chris

[Segilla]

If your policy bears an excess, (either voluntary or as an impostion for past claims history) the insurer is not obliged to pay that amount to you. It is outside the scope of the contract and technically would be illegal, being ultra vires..
As Ethel says, recourse must be had to the third party's insurer.
Unfair as it may seem, that you have the inconvenience and expense of claiming the amount, you either had the benefit of a discount for the excess, or have to put up with the effective punishment for past 'sins';.

[New Judge]

Both Ethel and Chris are correct.

Ethel is correct if the cost of the total loss is being met from parbrit�s insurers. Chris is correct if the Third Party�s insurers are footing the bill.

Unfortunately the question does not make it clear who is paying.

Both �her insurers� and �my insurers� are mentioned before �they offered me...� and it is not clear to me who �they� are.

[sandmaster]

Ethel is absolutely correct. Your company is paying for your car, and there is an excess on your policy. But the other party's insurer should reimburse this to you.

[parbrit]

it is my insurers that offered me the market value

[munchie63]

My wife had 2 accidents in 2001, both settled in her favour.
Both times I had to use the 'legal protection' that I paid extra for (�20) to claim back the �100 excess from the other insurers.
Be firm and patient - took me 8months both times, and the threat of court action by my insurers.

But.....got it in the end.

Can't see why you should be out of pocket when someone else writes your car off.

[parbrit]

thanks for all your help. turns out my insurers made a mistake. they paid me the market value and waived my excess.

[kassem]

if you are not at fault, you should not pay the Excess.