Claiming excess from Budget Insurance

A Fin24 user who, who wants to remain anonymous, suffered an accident wants to know if she can claim her excess back from Budget Insurance. She writes:

A Fidility van knocked into me last month. My insurance is fixing my car, and they will claim from Fidility, but my excess was R11900.00.

1) How can I claim my excess back?
2) Can the insurance claim it from the person/company responsible?
3) Or should I go to small claims court and do this myself?”

A representative from Budget Insurance responds to her query:

When an insurer indemnifies a customer for a loss, subrogation takes place. What this means is that the insurer legally obtains the rights previously had by the customer to claim the damages back from the liable party.  

The excess amount will be included as part of this claim against the liable party as only one claim may be lodged per incident. Should the insurer be successful with the recovery, they will reimburse the customer the excess from the recovered amount.

If the insurer decides to not pursue the recovery, then the insured may decide to pursue the liable party for the payment of the excess.

 - Fin24

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