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Do I Pay My Excess After a Non-Fault Accident? The Straight Answer

It is the first money question every non-fault driver asks, and the answer surprises most of them: if you claim through your own insurer, you normally pay your excess upfront even though the accident was not your fault. The excess is a term of your own policy, and your policy does not care who caused the collision. When your insurer funds the repair, it deducts the excess from what it pays, and you cover that gap yourself until the money is recovered from the other side, however obvious the other driver's fault may be.

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The good news is that the excess should come back. Once liability is established against the other driver and your insurer recovers its outlay from their insurer, your excess is refunded, because it is treated as an uninsured loss the at-fault side must make good. Some insurers waive the excess on clear non-fault claims, but that is discretion, not a right, and no honest guide will tell you to count on it. How long the refund takes varies from claim to claim, and anyone quoting you a fixed number of weeks is guessing.

There is also a route that avoids the excess altogether. Claim direct against the at-fault driver's insurer, through an accident management company, and your own policy is never used, so there is no excess to pay in the first place. That route depends on liability being clear, which is why it starts with an honest assessment rather than a promise. We recover accident-damaged vehicles across the UK motorway network, and our sister company within the same group, CityGrip Accident Claims, handles exactly this kind of non-fault claim, including telling you plainly which route leaves you better off.

Why You Pay the Excess Even When You Did Nothing Wrong

The excess feels unfair after a non-fault accident precisely because it has nothing to do with fault. It is simply the first part of any claim on your own policy that you agreed to fund yourself when you bought the insurance. Your insurer applies it mechanically: whatever the repair costs, your contribution comes off the top, whoever caused the damage. Paying an excess upfront on an own-policy claim, even when you were plainly not at fault, is normal UK practice, not a sign your insurer is treating you badly.

What fault does decide is where the money ends up. When the other driver caused the collision, your insurer pursues their insurer for its outlay on the claim, and your excess rides along with that recovery. The upfront payment is a cash-flow problem rather than a permanent loss, provided liability lands where it should. That distinction matters, because the two things drivers mix up most are paying the excess, which is about your policy terms, and keeping the excess, which is about liability.

How the Refund Works: Excess as an Uninsured Loss

Your excess is what the industry calls an uninsured loss: a cost the accident caused you that your own policy does not cover. Other uninsured losses include things like a hire car you paid for yourself, damaged personal belongings, or lost earnings. When the accident was not your fault, these losses are claimed from the at-fault driver's insurer, either by your own insurer's uninsured loss recovery service, a legal expenses add-on if your policy has one, or an independent claims company acting for you.

The refund follows successful recovery. Once the at-fault insurer accepts liability and reimburses your insurer's outlay, the excess comes back to you. If the recovery stalls, the refund stalls with it, which is why the timescale is genuinely variable: a claim where liability is admitted in days behaves very differently from one where the other driver disputes everything. Some insurers will waive the excess on an obviously non-fault claim as a goodwill decision, and it is worth asking, but it remains their discretion rather than your entitlement.

The Route With No Excess at All

The excess only exists inside your own policy, so the way to avoid it is to keep your own policy out of the claim. After a non-fault accident you can claim directly against the at-fault driver's insurer instead, usually through an accident management company that handles the repairs, a replacement vehicle and the negotiation on your behalf. Because your own insurer never funds anything, there is no excess to pay, nothing to wait to be refunded, and no claim running through your own policy while the insurers argue.

The honest condition is the same one that applies to every non-fault arrangement: this route works when the other driver is clearly at fault, because the costs are recovered from their insurer. If liability is disputed, the position changes, and you should be told that before anything is arranged, not billed for it afterwards. That is how CityGrip Accident Claims works: the liability picture is assessed first, and the direct route is only recommended when the evidence actually supports it.

Split Liability and the Cases Where Money Does Not Come Back

Not every claim ends with liability sitting entirely on one driver. Where fault is shared, a claim may settle on a split basis, fifty-fifty or some other proportion, and the recovery of your losses is reduced to match. On a fifty-fifty settlement, only half of your insurer's outlay is recovered, and in practice part of your excess may not come back at all. Split liability is common in roundabout collisions, lane-merge disputes and car park incidents where the evidence points both ways. Motorway lane-change collisions can go the same way when there is no footage.

This is another reason the evidence you gather at the scene has a direct cash value. Photographs of the vehicles and their positions, witness details and dashcam footage are frequently what turns an argument about shared blame into an accepted non-fault claim, and with it a full excess refund rather than a partial one. It is also why any company that promises every driver a guaranteed refund, before liability has even been looked at, should be treated with caution. The honest position is that the outcome follows the evidence.

Choosing Between the Two Routes

If liability is genuinely clear, the direct route against the at-fault insurer usually leaves you better off in the short term: no excess to fund, a like-for-like replacement vehicle arranged on a credit hire basis, and your own policy left untouched. If liability is uncertain, claiming through your own insurer, paying the excess and pursuing it as an uninsured loss can be the more sensible path, because your policy responds regardless of who was at fault while the argument is settled.

The decision is easier to make with someone who sees both routes every week. Because our group handles the recovery and, through CityGrip Accident Claims, the claim itself, the assessment happens early: how strong the liability evidence is, whether the direct route is safe, and what each option means for your excess. You get a recommendation based on your accident rather than a script, and if the answer is that you will need to pay your excess and claim it back, you are told that plainly at the start.

Step by Step

1

Notify your insurer, decide your route

Tell your insurer the accident happened, as your policy requires, and decide how the claim will run: through your own policy, or direct against the at-fault driver's insurer. The route you choose here determines whether an excess enters the picture at all.

2

Pay the excess if claiming on your own policy

On an own-policy claim the excess is deducted when the repair is funded, whoever caused the accident. Ask your insurer at this point whether it will waive the excess on a clear non-fault claim: some do, at their discretion, and asking costs nothing.

3

Liability is established against the other driver

Your insurer, or the claims company acting for you, presents the evidence to the at-fault insurer: scene photographs, witness details, dashcam footage. The stronger the evidence, the faster liability is accepted, and the sooner recovery of the outlay, your excess included, can follow.

4

The excess is claimed back as an uninsured loss

Your excess sits outside what your policy covers, so it is recovered from the at-fault insurer as an uninsured loss, alongside anything else the accident cost you directly. This may be handled by your insurer's recovery service, a legal expenses policy, or an independent claims company.

5

The refund arrives once recovery succeeds

When the at-fault insurer reimburses the outlay, your excess is returned to you. The timescale varies with the claim: admitted liability moves quickly, disputes and split settlements move slowly, and a fifty-fifty outcome can mean only part of the excess comes back. Nobody honest promises a date.

The Claim Side: CityGrip Accident Claims

Our sister company within the same group, Citygrip LTD

CityGrip Accident Claims is our sister company within the same group. Before your claim goes anywhere, they will tell you plainly whether you are facing an excess: if liability is clear, the claim can run directly against the at-fault driver's insurer, so your own policy, and your excess, never come into it.

Do I Pay My Excess After a Non-Fault Accident? The Straight Answer: FAQ

Do I pay my excess if the accident was not my fault?
If you claim through your own insurer, normally yes. The excess is a term of your policy and applies to any claim on it, regardless of fault. It should then be refunded once liability is established against the other driver and your insurer recovers its outlay. The way to avoid paying it at all is to claim directly against the at-fault driver's insurer instead.
How do I get my excess back after a non-fault accident?
It is claimed from the at-fault driver's insurer as an uninsured loss, alongside any other costs your policy did not cover. In practice this is handled by your insurer's uninsured loss recovery service, a legal expenses add-on if you have one, or an independent claims company. The refund follows once the at-fault insurer reimburses the outlay on your claim.
How long does an excess refund take?
Honestly, it varies, and anyone promising a fixed number of weeks is guessing. The refund follows recovery from the at-fault insurer, so a claim with admitted liability can resolve quickly, while a disputed one can take much longer. What speeds it up is strong evidence: photographs, witnesses and dashcam footage that make liability hard to argue about. If your excess refund is dragging, ask your insurer or claims handler specifically what the at-fault insurer has said about liability, because that is almost always where the delay lives.
Can my insurer waive the excess on a non-fault claim?
Some insurers do, at their discretion, where liability is clear. It is always worth asking, because the worst outcome is being told no. But a waiver is a goodwill decision, not a contractual right, so no honest adviser will tell you to rely on it when deciding how to run your claim. If the waiver is refused, the standard route still applies: pay the excess, then recover it as an uninsured loss.
Is there a way to avoid paying the excess altogether?
Yes: claim directly against the at-fault driver's insurer through an accident management company rather than through your own policy. Because your own insurer never funds the claim, no excess applies. The condition is that liability needs to be clear, since the costs are recovered from the other side, which is why an honest assessment of fault comes before anything is arranged.
What happens to my excess if liability is split?
Recovery is reduced in line with the split. On a fifty-fifty settlement, only half of the outlay comes back from the other insurer, and part of your excess may not be refunded at all. This is one of the strongest practical arguments for gathering scene evidence: it is often what turns a shared-blame argument into a full non-fault outcome.
Does paying the excess affect my no claims bonus too?
They are separate things, though they travel together. The excess is the cash you pay towards an own-policy claim; the no claims bonus is affected by the claim being recorded against you. Both are restored when your insurer makes a full recovery from the at-fault insurer, and both are avoided entirely when the claim runs directly against the other side instead.

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