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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10395
Experience:  I have been practising for 30 years.
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I have just recently made a claim on my car insurance (RAC),

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I have just recently made a claim on my car insurance (RAC), all good, all repaired, paid my excess, and found out that as I had already paid for excess protection, I can claim now my excess back. I have been trying to get in contact with them for two weeks over the phone but I am always stuck at the phone queue for more than an hour every time without anybody picking up. They do not have an email to get in contact, I have been advised by their customer service team that there is only one phone for their Claim Excess Department and I have already wasted two weeks trying to call them with no luck. What else can I do as I am loosing patience with them?

Does the excess protection have any exceptions?

Customer: replied 1 year ago.
Incident involved my car was hit by another car whilst parked. Have got comprehensive cover. Returned from work and found it damaged. No notes/witnessesWhat is not covered (Exclusions)
Claims under a lower value than the value of the Excess of the main Insurance Policy.
Any claim on the main Motor Insurance Policy which occurred prior to the commencement date of this Insurance as shown in Your Motor Insurance Policy or You were in the knowledge that a claim was imminent.
Any claim notified to Us more than 31 days following the settlement of Your claim by Your main Motor Insurance Policy.
Any motor claim that involves Business Use Class 3 (BU3) and / or carriage of own goods for hire and reward (Haulage).
Any contribution or deduction from the settlement of Your claim against Your main Motor Insurance Policy other than the stated Policy Excess, for which You have been made liable.
Where a third party has waived
Your liability to pay the Excess or has reimbursed the Excess that You have paid.
Any liability You accept by agreement or contract, unless You would have been liable anyway.
Any claim that is refused by Your main policy Insurers to whom You are claiming.
Any Excess claim arising from glass repair or replacement.
Any claims within the first 14 days from the date when Excess Protection Cover is added to the main Motor Insurance policy, by way of a mid term amendment.
Any claim arising from the vehicle being used with the motor trade or for hiring, racing, competitions, rallies, trials or carriage of goods or passengers for hire or reward.
Any claim arising from:
i) War, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power;
ii) Or any act of terrorism.
Cover Provided
Cover is provided for the Excess that You would have been responsible for following the successful settlement of any physical damage claim for Your vehicle by Your Motor Insurer in respect of claims arising as a result of accidental damage, fire, theft, or vandalism
The maximum amount payable under this policy, with the level of coverage (which is subject to the appropriate premium having been paid), is the amount You would have to pay, which is the first amount of any claim, shown under Your Demands and Needs of Your Motor Insurance Policy. Only when the Excess of the current and valid Motor Insurance Policy is exceeded will this Excess Protection Policy apply.

I have been asked to look at this for you as insurance is one of my specialist fields.

Have you been dealing with this on the telephone with the RAC or in writing?

Have you had any response at all, and if so, what was that?

How much do they owe you?

I suggest that you stop telephoning them otherwise you are likely to be still telephoning them in another 2 weeks.

Commit everything to writing and you might want to send it by recorded delivery.

Head the letter “formal complaint”.

Give details of the circumstances and tell them that you expect a cheque in respect of the amount, within the next 10 days. Say that after that, you reserve the right to either issues Small Claims Court proceedings against them ought to refer the matter to the Financial Ombudsman Service.

If they don’t reply or send you the money, you can then refer the matter to the Financial Ombudsman Service as a formal complaint not until eight weeks have elapsed. FOS will not deal with complaints until such time as the insurer has had a reasonable amount of time to reply and that reasonable amount of time is deemed by them to be 8 weeks.

There is actually no need to take this to the Small Claims Court because the Ombudsman will tell the insurer to deal with it. I would be very surprised if the formal complaint letter did not do the trick anyway.

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails. Best wishes. FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 10395
Experience: I have been practising for 30 years.
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