Car Insurance Guide

Do you pay excess when you are not at fault?

Written by Chloe Adams Managing Editor Reviewed by Nomsa Dlamini RE5 qualified · 12 years in short-term insurance Updated 28 July 2026 Our editorial standards →

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

Usually yes - most insurers require you to pay your excess upfront when you claim, even if the other driver caused the crash. Your insurer then pursues the at-fault party to recover the costs, and if recovery succeeds, your excess is refunded. This process, called subrogation or third-party recovery, depends on identifying the other driver and proving liability. Keeping strong evidence from the scene makes recovery - and your refund - far more likely.

Key takeaways

  • Excess is normally payable upfront on any claim, at fault or not.
  • Your insurer recovers costs from the at-fault party through subrogation.
  • If recovery succeeds, your excess is usually refunded.
  • You can instead claim directly against the other driver or their insurer.
  • Strong scene evidence makes recovering your excess much easier.
  • An uninsured or unidentified other driver makes recovery harder.

What is excess and when do you pay it?

Your excess is the first amount you contribute towards a claim before the insurer pays the rest. It applies to most claims and is set out in your policy schedule. The common surprise is that excess is generally payable even when the accident was not your fault. This is not the insurer being unfair - it is simply how the claims mechanism works. You pay your excess so your own car can be repaired without delay, and the question of who ultimately foots the bill is dealt with separately, between the insurers, after the repair is under way.

Why you pay excess even when not at fault

When you claim, you are claiming against your own policy, and your policy's terms - including the excess - apply regardless of blame. Your insurer's priority is to get your car fixed quickly rather than wait for a liability argument to be settled first. So you pay your excess, the repair proceeds, and your insurer then takes on the task of pursuing the at-fault party to get the money back. Think of the excess as a temporary contribution: if fault clearly lies with the other driver and they can be pursued successfully, you should not be permanently out of pocket for a crash you did not cause.

How your insurer recovers costs

The mechanism is called subrogation, or third-party recovery. Once your insurer has paid for your repair, it steps into your shoes and pursues the at-fault driver or their insurer for the full cost, including your excess. If the recovery succeeds, your insurer refunds your excess to you. Recovery is not instant - it can take weeks or months and depends on proving the other party was liable. This is why the evidence you gather at the scene matters so much: the clearer the case against the other driver, the smoother the recovery, and the sooner your excess comes back to you.

Claiming directly against the other driver

Instead of claiming through your own insurer, you can sometimes claim directly against the at-fault driver or their insurer for your damage. The advantage is that you may avoid paying your excess and avoid affecting your own no-claim record. The drawbacks are real, though: it can be slower, you carry the burden of proving fault yourself, and if the other party disputes liability or is uninsured, you may be left chasing them personally. For a significant claim, going through your own comprehensive cover and letting the insurer recover is often simpler, even if it means paying the excess upfront.

Evidence that helps you get your excess back

Recovery - and your refund - hinges on proof. The strongest cases include:

The more clearly you can show the other driver caused the crash, the easier it is for your insurer to recover the cost and return your excess.

When the other driver is uninsured or unidentified

Recovery becomes much harder if the at-fault driver is uninsured, unidentified or untraceable - for example in a hit-and-run. Your insurer cannot easily recover from someone it cannot find or who has no means to pay, which means your excess may not be refunded even though you were blameless. Your own comprehensive cover still repairs your car, which is a major reason to hold it. It also underlines the value of good evidence: a registration number or a witness can turn an untraceable driver into a recoverable one. When choosing cover, compare how insurers handle these situations before you compare quotes.

Frequently asked questions

Do I have to pay excess if I was not at fault?
Usually yes. You claim against your own policy, so its excess applies regardless of blame. You pay it upfront so your car can be repaired without waiting for a liability decision. Your insurer then pursues the at-fault party and, if recovery succeeds, refunds your excess. It is best seen as a temporary contribution.
Will I get my excess back?
Often, if the other driver was clearly at fault and can be pursued. Your insurer recovers the cost through subrogation and refunds your excess when recovery succeeds. It can take weeks or months and is not guaranteed - especially if the other party is uninsured or unidentified. Strong evidence makes a refund far more likely.
What is subrogation?
Subrogation is the process where, after paying your claim, your insurer steps into your position and pursues the at-fault driver or their insurer to recover the cost, including your excess. If it succeeds, you get your excess back. It happens behind the scenes after your repair, which is why you still pay the excess upfront.
Can I avoid paying excess by claiming against the other driver?
Sometimes. Claiming directly against the at-fault driver or their insurer may let you avoid your excess and protect your no-claim record. But it can be slower, you must prove fault yourself, and it is risky if they dispute liability or are uninsured. For larger claims, using your own cover is often simpler despite the excess.
What if the other driver has no insurance?
Your own comprehensive cover still repairs your car, but recovering your excess is harder because the insurer cannot easily reclaim costs from an uninsured or untraceable driver. Your excess may not be refunded even though you were blameless. Good scene evidence - a registration and witnesses - improves the chance of tracing and recovering from them.

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