Denied Insurance Claim

[abort_retry]

hi guys.... i need your opinion on this matter. last nov 3. while travelling northbound on my starex in SLEX with my family, just on the detour area on the ongoing expansion project near susanna heights exit, a truck full of sand turned left to offload content on the center isle. vehicles on the rear of the truck slowed down. i was moving moderate but i have wide space in front so i braked slowly to come to halt. split second after coming to halt, i heard a thud on the rear of my van and consequently my van moved a distance forward. i said to myself.... my god... nabangga tayo.... then seconds later a screeching tire noise and another bump noise occured on the rear. not another bump on my rear but of another vehicle. so what happened is a vehicular accident between three vehicles. my starex(front), innova(middle), and hi-ace(rear).

now comes the police report, hi-ace driver, me and my wife testified with the same statement, that innova hit us first then hi-ace follows.
our statement is based on the fact that we manifested the first bump and then followed by a second bump and screeching tires. hi-ace driver statement is based on his foresight that innova hit us first after him hitting innova. now innova driver statement is different. he testified that hi-ace hit him hard that made his innova ram into our starex.

damage on my starex is long depression on the bottom right portion of the tailgate and right rear portion of bumper pressed inward and moved 1/2 inch lower. fastener of end of right bumper were torn and separeted from its bracket. innovas damage was front bumper disalignment and depression and major wreck on his tailgate but upper glass window was not harmed. hi-ace damage is a major wreck on its front and a big cut on the windshield. the 4 statements were written on the police report.

off record on paper but verbal, hi-ace drive alleged that both of them are on a speed chase on SLEX. investigating officer left it with two opposing statements because it is the job of the court to prove should any party come forward that a resolution is not met. but according to him based on a similar incidents, it is who bumps you that is liable. and due to our statement and the hi-ace driver, the investigating officer claims that innova is liable to us.

since he holds a comprehensive insurance policy, investigating officer instructed innova driver/owner to furnish me copy. so days goes by and i called up innova owner wife through her cellphone and insist that they are not liable to the damage made by their innova on our starex. and oh....raises her voice, angry that we testified differently.... she said their insurance will take care of it.... so this monday, i sent a friend to file a no claim to my insurance and then file a claim to the innova's insurance. then comes tuesday, insurance company called me up and said that they are in favor of their clients statement and they cannot honor my claim because according to their client he is not the one liable to the accident. it is hi-ace that made the entire thing. that i should file the claim on hi-ace insurance.

now i am angry..... i said a lot of stuff to the insurance officer.... he said they cannot do anything unless their client tells them that he is liable. now here is my problem, my wife is mad about the whole thing. i am mad too because of the innova driver wife behavior... answer: i cannot claim damages... but i am skilled and experienced at fixing things. it develops as a hobby for me to fix my cars, from mechaninal, to basic electrical, to body repair and painting.... and i have tools to repair the damage.... not a problem with me.... but what gets my nerve is the innova thing disagreement to my claim.... so i consulted the nearest hyundai dealership, lto friends and traffic police neighbor. they said to me to go forward and proceed with legal action. tomorrow i will visit the traffic police headquarters in alabang to consult with the investigating officer.

i decided to pursue legal action with the innova and hi-ace drivers should they not satisfy me with a favorable resolution. they have to prove in court who is liable to me. although it is a slow process that may take months or years, it is not a disadvantage to me. in fact it is an advantage because they will waste their time attending hearings. innova driver is a businessman so that would make him take a timeoff on his choirs. not a big disappointment on mine because i work on the PM time when i feel working because i work mostly graveyard shift. my question is, if they pursue going for a trial in court, both will have a civil case against me right? or anyone of them it doesnt matter.... should be anyone of them proven to be liable, is it still a claim between me and their insurance company? or of their pocket already?
can i claim for moral damages? i am asking this for chances that i can get infos especially to tsikoters that have understanding about this legal matter: ie law students, lawyers, other legal resources.....

many thanks in advance.

[_Qwerty_]

suggestion.. pwede mo naman i break into paragraphs.. at pwede rin magtagalog.. teka basahin ko ulit..

[meledson]

suggestion.. pwede mo naman i break into paragraphs.. at pwede rin magtagalog.. teka basahin ko ulit..

Oo nga, please. Hirap kasing basahin.

[mazdamazda]

Wow... the nerve of the Innova driver & his wife. Sila na nga ang nakabangga tapos iba pa ang tinuturo.

Anyway, try to consult also with your insurance company with regards to this matter. AFAIK they can assist you in claiming for damages from either the Innova & Hi-Ace owners.

[IMm29]

Wow... the nerve of the Innova driver & his wife. Sila na nga ang nakabangga tapos iba pa ang tinuturo.

Anyway, try to consult also with your insurance company with regards to this matter. AFAIK they can assist you in claiming for damages from either the Innova & Hi-Ace owners.

Yup, refer it to your insurance company. I don't know if they'll ignore you since you've filed a No Claim, but it's worth mentioning that the Innova who bumped you is trying to double cross you, and maybe they can help.

[MAXBUWAYA]

I think dito papasok yung "Property Damage" sa insurance ng Innova

So what about denied Insurance claim?

[av8or5]

naku po..i had to read it 2x to understand the thread starter. but until now i still dont know if i got the story right.

If i was in your situation..ill just tell my insurance company to coordinate with the innova insurance company to pay for the repairs. as for the law...its the person behind you who is usually liable because he has not allot enough distance between your car and his.

dont worry about the last car (hi-ace), kasi..the mere fact that the innova hit you first...meron na sila kasalanan, the 2nd bump is just a domino effect that happened because the hi-ace was following too close, didnt stop in time, and hit the innova, innova doesnt have enough space hit your starex 2nd time around.

[monsrick]

suggestion.. pwede mo naman i break into paragraphs.. at pwede rin magtagalog.. teka basahin ko ulit..

*Qwerty: Nagdugo ba nose mo

Same thing happened to me po,nakarating till demandahan.May asked me po the atty who will hold the case bout moral damages.Sabi po nya,it still depend if the other party say yes or admit it.So sa itatagal pala ng hearing,wala pa rin,lalo nat SOMEBODY pa yung other party.Waste of time,effort,and money.Pa abroad(for work) pa naman po me that time,so nangyari,add it as one of bad experience na lang,sabay sabi sa nakabangga sa akin na abuloy ko nalang sa kanya yon (bad yun wag nyo gayahin) para mawala galit sa dibdib ko

[Galactus]

Medyo engot lang yung Innova driver, or his broker (or insurance agent) didn't tell him about the provisions of his policy.

Since ikaw ang nabangga, wala namang babayaran na participation yung Innova, as repairs on your Starex will be shouldered by the insurance company. So I really don't get the hardline stance adopted by the Innova driver. Yun nga lang, abala sa iyo kasi ipapa-repair mo pa yung sasakyan mo. (My broker was adamant about this fact, so I'll take his word for it).

This early though, I wouldn't recommend filing case against the Innova driver mainly to make a statement. Trust me, it will only be a complete waste of time and money, and only your lawyer will be happy.

[abort_retry]

well filing for a legal case is my last resort naman. i will go to the alabang headquarters tomorrow to consult with the investigating officer. first to call the attention of the 2 other parties to come forward and settle my claim. if no one wont take the blame, i will take them to court. they aggravated me already. i take it to myself why stop and end it with nothing.... i have a good work schedule naman. if it is just a once a month hearing, that is not a consequence to my work. i dont care if it takes months or years. they are the one who will have a pending civil case. well i could also file a complaint on hi-ace insurance to stop claims on innova that is if they have a pending case. with the innova driver's wife kind of behavior.. its untolerable.... they have an insurance to settle the claim.... why argue..... all i wanted now is to settle my claim. if they dont, i will take them to court.... i dont care about their livelihood.... if they have a business to attend to... so do i.... no effect on my work and my family business. i dont know with them...

well, surely you understand my point. at the moment i feel i want to burst with anger.... one or the other i will pursue my right....

[abort_retry]

naku po..i had to read it 2x to understand the thread starter. but until now i still dont know if i got the story right.

If i was in your situation..ill just tell my insurance company to coordinate with the innova insurance company to pay for the repairs. as for the law...its the person behind you who is usually liable because he has not allot enough distance between your car and his.

dont worry about the last car (hi-ace), kasi..the mere fact that the innova hit you first...meron na sila kasalanan, the 2nd bump is just a domino effect that happened because the hi-ace was following too close, didnt stop in time, and hit the innova, innova doesnt have enough space hit your starex 2nd time around.

suggestion.. pwede mo naman i break into paragraphs.. at pwede rin magtagalog.. teka basahin ko ulit..

sorry sir... free forum naman and i just followed my own style.... i was carried away.....

[abort_retry]

misinformation on my starting thread...sorry....

our starex was only hit once by the innova.... what we heard as the second bump is with the hi-ace hitting the innova... which is similar to the statement of the hi-ace driver....

[Caddy]

Para sa akin sir...you have to go for it. Whether maliit man or malaki ang damage, lalo na hindi magandang kausap ang nakabangga sa iyo. Just to point it out sa mahaderang asawa na mali sila. Do it. I will do the same when I'm in your shoe. 'Ipaglaban mo'!!!
Wayback 1999 ganyan din ang nangyari sa kuya ko at NLEX, kaso siya yung bumangga that started the domino effect. Pero, hindi naman tinalikuran ang mga responsibilidad sa mga nabangga. Thanks to INSURANCE(malayan) worry free ang kuya...hehehe.

[shadow]

no comment!!!:insomnia::outcold::jawdrop::headache::f aint:

I didn't even attempt to read your post....

[1D4LV]

hi guys.... i need your opinion on this matter. last nov 3. while travelling northbound on my starex in SLEX with my family, just on the detour area on the ongoing expansion project near susanna heights exit, a truck full of sand turned left to offload content on the center isle. vehicles on the rear of the truck slowed down. i was moving moderate but i have wide space in front so i braked slowly to come to halt. split second after coming to halt, i heard a thud on the rear of my van and consequently my van moved a distance forward. i said to myself.... my god... nabangga tayo.... then seconds later a screeching tire noise and another bump noise occured on the rear. not another bump on my rear but of another vehicle. so what happened is a vehicular accident between three vehicles. my starex(front), innova(middle), and hi-ace(rear). now comes the police report, hi-ace driver, me and my wife testified with the same statement, that innova hit us first then hi-ace follows.
our statement is based on the fact that we manifested the first bump and then followed by a second bump and screeching tires. hi-ace driver statement is based on his foresight that innova hit us first after him hitting innova. now innova driver statement is different. he testified that hi-ace hit him hard that made his innova ram into our starex. damage on my starex is long depression on the bottom right portion of the tailgate and right rear portion of bumper pressed inward and moved 1/2 inch lower. fastener of end of right bumper were torn and separeted from its bracket. innovas damage was front bumper disalignment and depression and major wreck on his tailgate but upper glass window was not harmed. hi-ace damage is a major wreck on its front and a big cut on the windshield. the 4 statements were written on the police report. off record on paper but verbal, hi-ace drive alleged that both of them are on a speed chase on SLEX. investigating officer left it with two opposing statements because it is the job of the court to prove should any party come forward that a resolution is not met. but according to him based on a similar incidents, it is who bumps you that is liable. and due to our statement and the hi-ace driver, the investigating officer claims that innova is liable to us. since he holds a comprehensive insurance policy, investigating officer instructed innova driver/owner to furnish me copy. so days goes by and i called up innova owner wife through her cellphone and insist that they are not liable to the damage made by their innova on our starex. and oh....raises her voice, angry that we testified differently.... she said their insurance will take care of it.... so this monday, i sent a friend to file a no claim to my insurance and then file a claim to the innova's insurance. then comes tuesday, insurance company called me up and said that they are in favor of their clients statement and they cannot honor my claim because according to their client he is not the one liable to the accident. it is hi-ace that made the entire thing. that i should file the claim on hi-ace insurance. now i am angry..... i said a lot of stuff to the insurance officer.... he said they cannot do anything unless their client tells them that he is liable. now here is my problem, my wife is mad about the whole thing. i am mad too because of the innova driver wife behavior... answer: i cannot claim damages... but i am skilled and experienced at fixing things. it develops as a hobby for me to fix my cars, from mechaninal, to basic electrical, to body repair and painting.... and i have tools to repair the damage.... not a problem with me.... but what gets my nerve is the innova thing disagreement to my claim.... so i consulted the nearest hyundai dealership, lto friends and traffic police neighbor. they said to me to go forward and proceed with legal action. tomorrow i will visit the traffic police headquarters in alabang to consult with the investigating officer. i decided to pursue legal action with the innova and hi-ace drivers should they not satisfy me with a favorable resolution. they have to prove in court who is liable to me. although it is a slow process that may take months or years, it is not a disadvantage to me. in fact it is an advantage because they will waste their time attending hearings. innova driver is a businessman so that would make him take a timeoff on his choirs. not a big disappointment on mine because i work on the PM time when i feel working because i work mostly graveyard shift. my question is, if they pursue going for a trial in court, both will have a civil case against me right? or anyone of them it doesnt matter.... should be anyone of them proven to be liable, is it still a claim between me and their insurance company? or of their pocket already?
can i claim for moral damages? i am asking this for chances that i can get infos especially to tsikoters that have understanding about this legal matter: ie law students, lawyers, other legal resources.....

many thanks in advance.

imho.. even though you are the plaintiff, it will still take your time if you are summoned in court. the first question is, are you still willing to waste some of your time? baka kasi the time that you will waste in going to the court will be more than the computed amount of time if you will just pay the participation costs.

pero, legally, yes. the innova has an obligation to you. he was the one who bumped you. the hi-ace, will have the obligation to the innova.

if its proven that they are liable to you, it is between you and the owners. what they would just do is to coordinate this with their insurance companies, that if, if the coverage is not sufficient, they will just take it out from their own pockets, which i doubt.

if it is proven that you have spent time in court during the hearing, yes...you can get damages for that. its your right to demand for damages for lost time + income, if your working schedule conflicts with the hearings. plus you can get some attorney's fees. in your case, since you are in your graveyard shift, you can demand for damages for lost time and effort + lawyer's fees.