Do I Have To Pay An Excess If The Accident Was Not My Fault?

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    Advice category: Understanding non-fault claims

    Do I have to pay an excess if the accident was not my fault?

    Reviewed by Chris Brennan

    Last updated on May 7, 2026

    You have a choice in how to manage a non-fault accident claim. That choice could affect whether you pay an excess.

    We do not charge you an excess

    When claiming with an accident management company, you don’t pay an excess. This is one of the many reasons why thousands of drivers every year choose Auto Claims Assist. Jump to section >

    Your insurer will charge you an excess

    Some people think they need to call their own insurance company after a non-fault accident. This isn’t the case. If you claim with your own insurer, you’ll be required to pay your insurance policy excess to start your claim. Jump to section >

    ‘Do I have to pay an excess’ explained

    Why your insurer charges you an excess

    Non-fault liability has not yet been determined

    At the start of your claim, it hasn’t officially been established who was at fault. As far as your insurer is concerned, you could still be at fault for the accident. So, they require you to pay your policy excess as a precaution. However, as you weren’t at fault, this is an unfair and avoidable expense.

    They’re initially claiming against your own policy

    As liability hasn’t yet been determined, the precaution that your insurer takes is to initiate the claim against your own policy. This creates a ‘pending claim’ on your policy and is why you pay your excess. This can affect your upcoming insurance renewal.

    To deter certain types of claims

    Excess fees are in place to deter claims that are:

    • For minimal amounts/damage
    • Fraudulent

    How much could your excess be after a non-fault accident?

    Auto Claims Assist reviewed 1,889 first-time inbound accident calls between July 2025 and February 2026 to better understand the financial concerns drivers face after non-fault accidents. Among the issues raised, policy excess payments emerged as a common concern.

    The analysis found:

    • The average policy excess was £714.
    • Among those who started a claim, 34% had already spoken to their own insurer before contacting Auto Claims Assist.
    • Of that group, 28.6% said their insurer had told them they would need to pay their excess to start the claim, despite the accident being non-fault.

    These findings are based on unprompted information shared during first-call conversations, rather than responses to a survey. While the data does not capture every instance where a non-fault driver may have been asked to pay their excess, it shows that excess payments were a real issue raised during the claims process, and that the amounts involved could place significant financial pressure on non-fault drivers.

    Why we DON’T charge you an excess?

    We claim directly against the at-fault party

    Instead of claiming on your own insurance policy, we claim directly against the other driver’s insurance. This avoids having to pay your excess and claiming against your own policy.

    We assess liability before initiating a claim

    Before we move forward with your claim, we analyse the accident circumstances and evidence. By handling only non-fault claims, the other driver’s insurance is liable to cover all costs. This means you avoid the financial burden of paying your own policy excess.

    Why we don't charge an excess

    We secure your non-fault accident rights and entitlements

    In the UK, you have a legal right to compensation if another party is found to be negligent, resulting in damage or injury. In the case of road traffic accidents, this means breaching the Highway Code or committing specific offences under the Road Traffic Act.

    The Credit Hire Organisation (CHO) and the Association of British Insurers (ABI) have guidelines and agreements. These agreements are in place to minimise the impact on your day-to-day life, after being inconvenienced by a non-fault accident.

    Auto Claims Assist are committed to providing you with everything that you’re entitled to.

    An excess-free claim solution.

    With Auto Claims Assist, there is no excess to pay when making a non-fault claim.

    Protected no claims bonus.

    Your No Claims Bonus (NCB) is left unaffected when you make a claim.

    Manufacturer approved parts and paint.

    Our BSI Kitemark Accredited repair network use only manufacturer-approved parts and paint.

    Like-for-like Vehicle Replacement.

    You’ll have a vehicle comparable in size & specification to yours while it’s off the road.

    Why claim with Auto Claims Assist

    Our purpose is to take away the inconvenience, stress and disruption caused by a non-fault accident. As a leading accident management company, we provide a start-to-finish service covering every aspect of claims management.

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    Trusted by thousands of customers throughout the UK.

    No excess fee

    Avoid paying your insurance excess for a non-fault claim.

    Protected no claims bonus

    Your no-claims bonus remains unaffected in a non-fault accident.

    Dedicated handler

    Offering a personal claims handling service.

    24/7 Recovery & storage

    Offering round-the-clock recovery and secure storage nationwide.

    Like-for-like vehicle

    Providing a vehicle that matches your own in size and specification.

    Manufacturer approved

    Quality repairs with manufacturer-approved parts and paint.

    Ready to start your non-fault claim?

    If you’d like to speak to someone about a non-fault accident.

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