Should insurance company charge the excess when other driver accepts complete liability?

[Grmumpy]

Recently somebody wrote my son’s car off. Liability completely accepted by the other driver. I don’t understand why the insurance company wouldn’t get the excess from the other driver. I had an accident some years ago on holiday in France. The other driver accepted liability. At first my insurance kept my excess but eventually refunded when I threatened to go to the insurance ombudsman. I don’t know what to advise him as the online messages seem very confusing so hoping for some mumsnet wisdom

Has the insurance company instructed an uninsured loss recovery solicitor to help your son recover his excess and any other uninsured costs?

That is what the insurance company does that I work for.

The excess is part of the contract between your son and his insurer; he pays less with it than without. It's deducted from the payout irrespective of liability.

It should be recoverable from the other party but he may need to claim it separately.

My car was damaged by a barrier on a council car park. My insurance paid for the repair but I think I got a cheque from the council for the excess.

Thanks I will send him this info now

Depends entirely on the insurer and the admission. Major insurers will waive the excess if liability is clear cut. Mine did based on dash cam footage on what could have been a split liability matter. An admission at the scene of an RTC isnt binding in any way and liability could be disputed later on. If your son pays an excess and liability is admitted he should get it repaid by the other insurer. Like others have said it’s a contractual issue between your son and his insurer. He’s claimed and should pay it regardless of blame. Good luck! I hope he’s gets it repaid.

The excess is part of the contract between you and the insurance company that you agree to pay in the event of a claim. It's your loss, not theirs, so they don't have to automatically recover it if it's not in the terms and conditions. Some insurers may reclaim it for you but if you don't have the appropriate cover they may not. You can claim it back directly from the fault drivers insurance.