claiming back excess

[rubber toe]

hi all, just got my bike back after almost 3 months at repairers ( said they were waiting for parts, its a Derbi Senda )

I didnt have legal expenses on my insurance so I had to pay £100 excess on delivery of said bike.

How do I go about getting that excess back, bear in mind I have never had to deal with insurance before so as clear an explanation as possible would be appreciated

Thanx
Rob

[Ste]

You claim from the insurance of the person who's fault it was.

Legal cover is basically worthless, all they do is put you in contact with a no win no fee solicitor. You can just as easily go to a no win no fee solicitor after finding one that's good.

Was it clearly the other persons fault and are they still admitting that it was their fault, and what did they say about reporting it to their insurance?

[iooi]

What level of Ins do you have ?

You need to find, and should have done this in the 1st place a co to deal with getting your excess back.
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Just because my bike was A DIVVY, does not mean i am......

[rubber toe]

I am with AXA, fully comp but without legal cover.
It was a farmers fault, hes with the NFU,

I rang AXA earlier but the lady I spoke to said that he hadnt responded to any of their correspondence as yet and suggested I ring Europa Group as they are the underwriters or something,

I thought I'd ask on here first as that sounded way complicated and poss incuring costs but what do I know.
Will it cost me and if so is it worth the effort, dont see why I should lose out for something that wasnt my fault, hell, Ive lost the summer already

[MattHirst]

I'd tell the AXA lady to go swivel. It is your insurers job to chase the other parties insurer.
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It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[FerretFing]

[Ste]

[FerretFing]

If he`s paid his excess then he`s claimed on his own insurance - his insurance company "works" for him as he pays them his premiums, legal cover is nothing to do with this, it`s just a basic insurance claim.

To the OP....has liability been sorted? If so, getting the excess back is straightforward for the insurance company

[rubber toe]

sorry bout the wait, when I spoke to axa they said the farmer ( hes the other party ) hadnt responded so I'm assuming theres been no admittance of liability yet, they also said if I ask his insurance for my excess back I'm supposed ask if axa can have their costs back too and if axa ask first then they do the same for me, does that sound right.
As it turns out the amount I'm asking for is only going to be about £88 but I'd rather it in my pocket than anyone elses, where do you suggest I go from here, wait a bit longer to see if the farmer admits or what???

[FerretFing]

Hi, the main concern is if Axa aren`t prepared to chase up the matter to get their money back.....how good was the evidence you gave them? Insurance companies don`t like being out of pocket so if it`s a clear case they WILL be chasing his insurance for the money....was it a tractor involved?

It`s not just your excess you`ll be out of pocket for...wait until your insurance renewal - as it stands this is a FAULT claim against you, the only way that changes is when his insurance coughs up Axa`s money...it`s standard practice to get your excess back from his insurance as long as liability is sorted.....your insurance company shouldn`t be expecting you to be chasing after anyone...that`s their job!

[Ste]

[rubber toe]

No other vehicle involved....the farmer had left a length of baling twine across the road to stop his cows "a wandrin" whilst bringing them in for milking

[MattEMulsion]

[raj_luckyonline]

nice discussen thanks from picture framer glasgow
https://www.merchantgategallery.co.uk

[Ingah]

I get the impression this hasn't cost your insurance company too much.

It sounds like they've chalked it up as a loss and don't want to spend the time and resources to get the money off the other party (i.e. they've paid you out as part of your comprehensive insurance and that's the end of it as far as they care as someone there has decided that it's not financially viable to chase for payment any further). It also sounds like they've also had the cheek to try to get you to do their work for them!

The downside of this is that you're not getting your excess back, and as ngsavfc said, this is currently a FAULT claim against you (the same as it would be if you didn't know your arse from your elbow and had crashed into a tree).

It could well be in your best interests to try a No Win No Fee solicitors (NB: Find a reputable one that has knowledge suitable) to sue the 3rd party insurance company as they usually have more to gain than your insurers (they generally work on a Conditional Fee arrangement where they get to claim extra monies from the other side to cover their time if they win your case, as well as a % for whatever they get you, which encourages them to settle for more money for you!). The upside to using such a company is that they don't take a penny of your money, and will generally get it all back (in your case you could win back the damages, and the excess). I'm not quite sure how it would work as Axa seem to have washed their hands, this may well mean you get to keep the money for yourself . Ask the solicitors firm, i have no idea.
The downside to using such a company is that it ultimately makes insurance cost more for everybody because not only do you get your money, they also get to claim this extra chunk (if they win your case), which is costing the insurance industry extra money, which gets passed on to future consumers - tbh though insurance companies bring this on themselves by being selfish though, as they couldn't care less about your renewal prices.

If this all isn't claimed back though, you're going to have to declare that fault claim for the next 3/5 years (one or the other, can't remember), and it will hurt your price every year until it's gone. And also bang has gone your no claims bonus in the meantime too. Insurance companies make it (in the long run) very expensive to claim off them, hence i have thus far avoided comprehensive cover for my cheap bikes.
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-- Ingah

[Kwaks]

Oh FFS

Nothing personal against you Rubber Toe, but these types of questions seemed to be asked more and more.

Why do people pay for comp insurance when they have no idea what the feck it is?


This story is ALL wrong. Even the xs you have paid out seems wrong as I assume you are a young rider. (hence subject to a young riders xs).

THIS is what should have happened:

1 RT bumbles round corner into twine across road and comes off.
2RT calls Police.
3 Farmer gets charged/bollicking
4 RT calls insurer with crime ref no.
5 Insurer (axa) collect RT ped and auth hire ped for him.
6 RT gets to rag hire ped
7 RT ped gets fixed within a week (hire ped costs can be astronomical to insurance companies)
8 Axa recover ALL costs from NFU
9 RT may or may not pay out comp xs (including YD xs, compulsary & voluntary) however is refunded this on NFU payout.
10 Claim cost risen from £188 to circa £500 due to hire bike costs.


Sounds to me with the info you have posted that you have paid for the repairs, if you are under 21 your xs is considerably more than £100, so why have you only been asked for this?
Whilst against people profiting from insurance claims, you really only get fast action when the costs are rising, so you should have demanded alternative transport whilst ped less, at the cost of the NFU.
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Fallen Angel "Nae sniffing my seat now!!!!! "
www.cliqueycuntsmcc.co.uk
I AM NOT A FAST RIDER!!!!!!!!!

[rubber toe]

ok, I am a new rider and 45 years old ( never too late to learn )
I didnt get a hire bike whilst mine was off the road.
When my bike came back from the repairers they hadnt replaced the mirrors which were only some cheap ones so they deducted £12 off the £100 excess I had to pay to them ( hence the £88 ) the idea being I would get and fit them myself but to be honest the original ones werent that bad so I've left them on.
I know its not a lot of money to be trying to get back but its MY money, plus as Ingah said this could be put down as my fault which for obvious reasons I dont want.

[Villers]

Rubber Toe, juat clear this up for me. Youw ere legally riding down a public highway and came off your bike because a farmer had toed hay bailing twine across the public highway in order to stop his cows wandering off?

If that is true have the police been informed? If I was in your position I would be very very very angry indeed and would want the farmer to be prosecuted for his negligence and for endangering other road users. Farmers leaving shit all over the road is one thing but creating a trap such as that (albeit purposefully or otherwise) is disgusting behaviour and shouldnt go unpunished.

How do you know it was the farmer who tied it? Was he there when you came off? Did he tell you this? If axa are pissing around you need to get yourself onto one of the ambulance chasers (such as claims direct etc.) and get claim started. What would have happened if you had seriously injured yourself, putting you out of work and smashing your bike beyond repair? Just because the damage was minimal it doesnt mean this should be left to vanish on its own. Insurance companies are a bunch of inherently vampiristic lazy idle bastards who wont do anything that doesnt benefit their pockets without a rocket up their arse. In this case they should be seeking recompense from the oposers insurance unless they think you are to blame.
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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[rubber toe]

It is a tarmac public highway less than a couple of miles long, admittedly not a well used one but a public road nonetheless, its mainly farmers and dog walkers but it is connected at both ends to the main road and as such is usable by anyone. theres no doubt it was the farmer, the police were involved and said it was a civil offence not a criminal one.