How to Claim Back Your Excess After a Non-Fault Crash

After a non-fault crash, having to shell out for your insurance excess can feel both unfair and puzzling. So, who actually ends up footing the bill, and how do you go about getting that money back?

This blog covers what counts as a non-fault accident and shares some general tips on how insurers might recover costs afterwards. If you’re unsure about claiming back your excess or which claim route to use, it’s usually worth looking over your policy details or having a chat with your insurer for more information.

1. How to spot your recoverable losses and who covers them

Make a clear list of every cost you could get back, and match each one with proper proof. This often means noting things like: any excess you’ve paid, repair bills (including VAT and sensible labour rates), costs for a hire car or courtesy car, fees for recovery or storage, and replacements or repairs for damaged personal belongings.

If you’ve been off work due to the accident, jot down any loss of earnings and show how you worked each total out. Hang on to all your paperwork: receipts, invoices, repair quotes, hire car agreements, bank records, photos, dashcam clips, witness details, and any reference numbers from the police or your insurer. Try to keep originals and take clear, dated digital copies. This way, every penny you claim is backed up by proof.

Check who’s meant to pay: usually, the insurer of the driver at fault sorts out your losses, or the driver themselves if they’re not insured. If you claim through your own insurance, your provider might try to recover the money from the other party. If both drivers share some blame, you’ll often get back only a share of your losses, based on how much responsibility the other party holds.

If you’re looking to recover your excess after a non-fault accident, start by making sure your claim to the at-fault insurer is clear and itemised. You can also notify your own insurer and ask if they can pursue the excess for you.

Always get written confirmation of whether your claim’s been accepted or turned down, so you’ve got a paper trail. Keep copies of everything you send or receive. If things drag on or you get nowhere, you can use your insurer’s complaints process. In some cases, people look at the small claims route to chase unpaid amounts.

Watch for common reasons insurers might chip away at your claim: compulsory and voluntary excess, deductions for things like contributory negligence, pre-existing damage, or general wear and tear. If you’ve had a hire car or courtesy car, check if those charges are recoverable. Be careful before signing anything that could take away your right to recover money later on. If you spot unexplained deductions, challenge them with specific evidence linked to your claim, rather than a general complaint.

2. Collect useful details to support your claim

Take clear photos of the scene from different angles. Try to include the positions of each car, number plates, road markings, street signs, skid marks, any damage, and the general surroundings. It can help later if you back up the original photos straight away, maybe to cloud storage or another device, to keep the timestamps and details safe. If there are witnesses, ask if they’re happy to share their contact details and a quick statement. Get their name, phone number, address, what they saw, and where they were standing. Some people are comfortable giving a short audio or video account on your phone, which can sometimes be clearer than a handwritten note. If you’ve got dashcam footage, export it as soon as possible. The same goes for any telematics or in-car camera logs. Make a note of your phone or camera’s battery level so you don’t lose anything unexpectedly. Try to save all files in at least two places to avoid accidental loss.

Keep all your paperwork together in one place, like a folder or envelope. This could include police or incident reference numbers, the other driver’s registration and insurer details, quotes for repairs, and any receipts for costs such as a courtesy car, taxi, or other travel outlays. Jot down a simple timeline of what happened, with dates where you can, and keep copies of any letters or emails with insurers. This helps you keep track and makes things clearer if you need to explain your side later on.

When you’re giving statements, stick to the facts and avoid saying anything that could be taken as admitting fault. If it’s not clear who was responsible, ask for the police or incident reference. It often helps to ask for written updates on your claim or any replacement car, so you have a record. If liability starts to look disputed, you might want to get a view from an independent repairer or legal contact. Having everything organised will make life easier if you need to back up your case.

3. Claim from the other driver’s insurer directly

First, gather details from the other driver at the scene: their car registration and who they’re insured with. If the police were involved, get a copy of their report. Your own insurer might also have a view on who’s at fault. It’s worth asking the other insurer to confirm in writing that their driver was responsible, so it’s clear where you stand before you ask for your excess back.

Pull together everything that supports your claim:

• Photos of the damage
• Police report, if you have one
• Any witness statements or dashcam clips
• Repair bills, laid out clearly
• Proof you’ve paid the excess

Try to send all these details in one well-organised batch. That way, the other insurer has what they need to look into your refund more quickly.

If you’ve paid an excess after a non-fault accident, you can try to claim this back from the at-fault insurer. Start by sending a written claim explaining the amount you’ve paid and include any supporting documents. It’s sensible to ask for written confirmation and a reference number, and keep a note of every message or phone call.

You might want to send your claim by email and also by tracked post, or ask for a read receipt, just so you have a record of it being received. It’s worth double-checking how the repayment will actually happen. Sometimes, the at-fault insurer pays your own insurer (who then passes it on to you), or you might get the money direct.

Ask for written confirmation of how it’ll work and roughly when you might hear back, so you know when to chase it up. If things seem to be dragging on, you could follow the insurer’s complaints procedure.

As a next step, it’s possible to escalate your complaint to the Financial Ombudsman Service or the small claims court. If your claim involves more complicated losses, you might consider speaking to a legal adviser. Whatever you do, keep copies of all your paperwork, emails and phone records as they’ll help if you need to show what happened later.

4. Claim through your insurance company and seek compensation from the other driver

Subrogation is when your insurer sorts your repairs or covers your losses after a non-fault accident, then goes after the other driver’s insurer to get the money back, including your excess if you’ve paid one.

Some insurers give your excess back once they’ve recovered the costs, but it isn’t guaranteed, so it’s worth asking your insurer how they handle it and when you might get your money returned. To help with their claim, have everything ready: photos from the scene, dashcam clips, witness details and statements, any police reference numbers, and all invoices for repairs or hire cars. Keep copies of everything, just in case you need to check back later.

You might get your excess back in one of two ways: sometimes your insurer pays it up front and then tries to recover the money from the other side, while other times they refund you only after they’ve got the funds back.

If you’ve taken a cash offer, accepted any fault, or were partly blamed for the accident, any refund could be reduced or not paid at all. In some cases, insurers may decide it’s not worth chasing for a small loss, if it’s not clear who was at fault, or if the other driver wasn’t insured.

If your insurer turns down your claim for these reasons, you can ask for this in writing. If you want to try recovering losses from the at-fault driver yourself, keep a record of every cost. Bear in mind, there might be legal fees, and it’s worth checking whether making this claim could affect things like your no-claims bonus or any charges you might have to pay. Compare your options with your policy details before deciding what to do next.

5. Seek extra help or consider legal steps if needed

Pick an adviser who’s properly regulated. They should give you a written agreement that explains what they’ll do, how their fees work, and who will be dealing with your case. It’s worth asking if they’ve handled similar non-fault claims before, so you can get a sense of their experience.

Before you hand your case over, gather everything you can: a simple timeline of what happened, photos, any repair bills, letters from your insurer, contact details for any witnesses, and any police or incident reference numbers. You’ll usually need to sign a form so your adviser can talk to other parties for you and get things like bank statements or receipts, especially to show you’ve paid any excess. Always get it in writing what will happen to your excess if they settle your claim for you. That way, you know where you stand.

If you’re owed a refund after a non-fault accident, a solicitor or authorised claims handler will usually send a letter asking the other side to accept responsibility and repay your excess by a set deadline. This often gets things moving quickly and can lead to an early settlement. If that doesn’t sort it, you might look at making a claim through the small claims process, which is generally used for straightforward disputes with limited costs to recover.

It’s worth staying open to mediation or settling out of court – but always get any agreement or refund confirmed in writing. Before you start a claim, check if it could affect your no-claims bonus or future premiums. Keep a clear, dated file with all letters and emails, and double-check any fees against what you’ve agreed. If you’re not happy with the way things are handled, you can raise a complaint with the regulator or the Legal Ombudsman.

Getting your excess back after a non-fault crash often means showing exactly what happened and what it’s cost you. Try to keep a list of any expenses, photos of the damage, dashcam clips if you have them, witness details, repair bills, and copies of all emails or letters.

The right way to claim depends on your proof. Sometimes it goes through your insurer, sometimes you might need a bit of legal help. The more evidence you can gather, the smoother things usually go.

Here are five common ways people look to get back losses after a non-fault accident:

• Work out what you might be able to claim for
• Keep hold of any proof and notes from the scene
• Try making a claim direct to the driver at fault’s insurer
• Sometimes you can go through your own insurer, who might chase up the other side for you
• In some situations, you could ask a regulated claims management company to help

Keep things organised with a simple timeline and copies of any letters or emails. This makes it much easier to follow up or push things further if you need to, and shows exactly how your excess refund or other costs could be sorted – or, if not, why things didn’t work out.