HELP: Commonwealth Insurance denying coverage

[cdl]

Hi guys! New member here and this is my first thread.

Need your help and advise. Our car was hit while parked last Dec. 27, 2018 along Dr. A. Santos Ave. and 4 cars kaming affected sa bilis ng takbo nung nakabangga. Total repair estimate nung sa car namin is over 500k. Kung gagamitin namin yung insurance nung nakabangga, 200k lang ang maximum na third party liability. So we decided and agreed na ung own car insurance namin ung gagamitin namin (Commonwealth Insurance). In return, we asked for 3800 and 10k for the participation fee and damages (Transpo expenses while our car is being repaired). As proof na nareceive namin yung money, we signed an agreement.

Then we filed an "Own Damage" claim sa Commonwealth. We provided all the information and requirements. They asked if we had a settlement with the third party and if we asked for any amount. Since we do not want to lie, we tell them about the agreement we had and the exact amount we asked for. We even provided them with the signed agreement.

We were informed by the daughter nung nakabangga, that Commonwealth is directly contacting them and asked them to pay 500k. Both parties were shocked since we are expecting that it will be an insurance to insurance discussion. They replied to the call and letter they received declining to pay the 500k. Sino ba naman kasi magbabayad ng ganito kalaki knowing na pareho kameng may comprehensive insurance.

After a couple of weeks, Commonwealth gets back to us and informed us that our claim is being denied due to the agreement we signed. We did not know that such internal agreement will cause our insurance coverage. Now, our insurance agent advised us to talk with their boss in Makati so we can talk to them, explained what happened in person and to be able to discuss what can be done.

Is it advisable to go directly to Insurance Commission and file a complaint against Commonwealth Insurance? Mas may chance ba kame na macover with the help of Insurance Commission or baka malagyan sila? (Found a forum somewhere na nung 2nd meeting nila, nagbago daw yung stand nung IC mediator supporting the insurance company) Any legal advise will be highly appreciated.

Thanks in advance!

[Sleepcare]

^Denied talaga yung coverage kasi nagkaroon kayo ng agreement nung isang party. Worse is nagkaroon pa pala ng signed agreement. Foul kasi para sakanila yung ginawa niyo kaya grounds for denial automatically.

I know kasi same case tayo but ako naman yung nakabangga. Had a written agreement with the other party and paid for her car repair without the insurance company knowing. But was told by the insurance company na pwede nila ako i-deny ng claim based on what i did. But turns out hindi na din naghabol yung nakabangga ko kaya pinalagpas nalang nila and told me to not do it again (pay the other party for damages).

[12vdc]

Insurance clause does not indicate if you can't collect for collateral damages.

The insurance company only Insures the cost of the property/car & not the collateral damages/abala/lost opportunities from other party. Your insurance company won't pay you with your leave of absence in the office while your car is being repaired, hence you are collecting that cost from the other party.

You may consult with Insurance commission or file a complaint if your claim was denied.

[dubidubidapdap]

Made-deny talaga yan since you opt for an Own Damage Claim in the first place when its actually not.
Ang lumabas kasi, you agreed with the other party na si Insurance nyo ang magsuffer instead of the other party's Insurance Company. That is basically what you agreed upon when signing yung written agreement nyo.

I think you should have filed for the basic Property Damage Claim instead since di kayo magkasundo ng other party and their insurance. Because the way I see it, kung Php200,000.00 lang ang maximum Third-Party Property Damage Claim ni other party, problema na nila yun kung saan nila kukunin yung remaining Php300,000.00 for repair and not your Insurance Company.

Edit. Depende sa nakasulat sa agreement nyo ni other party, there could be a chance na hindi ma i-honor yun if it was properly and carefully worded like.. you agree to use your insurance pero kapag nadeny eh babayaran ka ng full Php500,000.00. ganyan. hehe. Talk to your Insurance muna. They have lawyers and will surely help you out than the other party or their Insurance Company. hehe

[EQAddict]

Made-deny talaga yan since you opt for an Own Damage Claim in the first place when its actually not.
Ang lumabas kasi, you agreed with the other party na si Insurance nyo ang magsuffer instead of the other party's Insurance Company. That is basically what you agreed upon when signing yung written agreement nyo.

I think you should have filed for the basic Property Damage Claim instead since di kayo magkasundo ng other party and their insurance. Because the way I see it, kung Php200,000.00 lang ang maximum Third-Party Property Damage Claim ni other party, problema na nila yun kung saan nila kukunin yung remaining Php300,000.00 for repair and not your Insurance Company.

Edit. Depende sa nakasulat sa agreement nyo ni other party, there could be a chance na hindi ma i-honor yun if it was properly and carefully worded like.. you agree to use your insurance pero kapag nadeny eh babayaran ka ng full Php500,000.00. ganyan. hehe. Talk to your Insurance muna. They have lawyers and will surely help you out than the other party or their Insurance Company. hehe

I agree. It seems --- no, it is clear - - - you wanted to defraud your own insurance company by claiming own damage when it was never own damage.

The insurance company lawyers will have an easy case on this one. And they have written proof. I think you will get no claim from your insurance company. Sad part is.. Since you signed a quit claim with the other party... You will not be able to claim from them yourself. Masakit but it is what it is.


You should have consulted your insurance company before signing any agreement to begin with.



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[shadow]

Yan kasi ang hinde ko maintindihan bakit kailangan pa makipag areglo, you have a comprehensive insurwncd dapat nag claim ka na lang and sila na nakipag-usap.

For what? Para hinde ka magbayad ng participation mo?

Isa pa yan sa hinde ko maintindihan bakit kailangan ipasa sa nakabangga yun participation eh ikaw nama talaga Dapat magbayad nun either ikaw nakabangga or ikaw nabangga

Then alam na meron involved na iba tapos paanong naging OD ang claim Ninyo?

Cough up the repair cost for your car.

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[sirkosero]

Ginusto mo yan eh. Legally, wala ka na habol sa insurance or sa bumangga. May quit claim ka na that basically waives your claim

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[A121]

I agree. It seems --- no, it is clear - - - you wanted to defraud your own insurance company by claiming own damage when it was never own damage.

The insurance company lawyers will have an easy case on this one. And they have written proof. I think you will get no claim from your insurance company. Sad part is.. Since you signed a quit claim with the other party... You will not be able to claim from them yourself. Masakit but it is what it is.


You should have consulted your insurance company before signing any agreement to begin with.



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Agree with this. TS may want to read the insurance contract. Kay prudential kasi ganyan.

Since, the TS is deep in the rabbit hole already, now may be the only time to reach out to their insurance.

[cdl]

Insurance clause does not indicate if you can't collect for collateral damages.

The insurance company only Insures the cost of the property/car & not the collateral damages/abala/lost opportunities from other party. Your insurance company won't pay you with your leave of absence in the office while your car is being repaired, hence you are collecting that cost from the other party.

You may consult with Insurance commission or file a complaint if your claim was denied.

I agree.. As per our sales agent, it's ok lang naman daw to ask for damages/danyos. Worst case ko dito is, baka malagyan nila yung mediator sa IC. But yes, it seems na ito na talaga ang route namin. Thanks!!!

[cdl]

^Denied talaga yung coverage kasi nagkaroon kayo ng agreement nung isang party. Worse is nagkaroon pa pala ng signed agreement. Foul kasi para sakanila yung ginawa niyo kaya grounds for denial automatically.

I know kasi same case tayo but ako naman yung nakabangga. Had a written agreement with the other party and paid for her car repair without the insurance company knowing. But was told by the insurance company na pwede nila ako i-deny ng claim based on what i did. But turns out hindi na din naghabol yung nakabangga ko kaya pinalagpas nalang nila and told me to not do it again (pay the other party for damages).

It's not foul naman kasi kame ang naabala. I explained naman ng maayos don sa nakabangga why I'm asking for it and they agreed din naman. We have three kids, youngest is 2 years old. Nung time na nabangga nila kame, we have a scheduled family travel (Cavite and Batangas lang naman). But still, the fact na gagastos ako ng mas malaki, by renting a car/van, compared na gas and toll lang, masyado naman na kaming lugi.

Re-commonwealth, we were very transparent sa lahat. We did not fabricate or lie sa kahit anong angle. From the very beginning we mentioned na may settlement na nangyari and we asked for a very reasonable amount don sa nakabangga. They asked for a copy, we gave it right-away even if it is an agreement between us lang excluding them (the insurance company).

[cdl]

Made-deny talaga yan since you opt for an Own Damage Claim in the first place when its actually not.
Ang lumabas kasi, you agreed with the other party na si Insurance nyo ang magsuffer instead of the other party's Insurance Company. That is basically what you agreed upon when signing yung written agreement nyo.

I think you should have filed for the basic Property Damage Claim instead since di kayo magkasundo ng other party and their insurance. Because the way I see it, kung Php200,000.00 lang ang maximum Third-Party Property Damage Claim ni other party, problema na nila yun kung saan nila kukunin yung remaining Php300,000.00 for repair and not your Insurance Company.

Edit. Depende sa nakasulat sa agreement nyo ni other party, there could be a chance na hindi ma i-honor yun if it was properly and carefully worded like.. you agree to use your insurance pero kapag nadeny eh babayaran ka ng full Php500,000.00. ganyan. hehe. Talk to your Insurance muna. They have lawyers and will surely help you out than the other party or their Insurance Company. hehe

This is well noted. We might set a meeting with them next week to get their advise for our next steps. Thanks!!

[cdl]

I agree. It seems --- no, it is clear - - - you wanted to defraud your own insurance company by claiming own damage when it was never own damage.

The insurance company lawyers will have an easy case on this one. And they have written proof. I think you will get no claim from your insurance company. Sad part is.. Since you signed a quit claim with the other party... You will not be able to claim from them yourself. Masakit but it is what it is.


You should have consulted your insurance company before signing any agreement to begin with.



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Thanks for the feedback. But based on personal and friends' experiences, we can always choose kung kaninong insurance ang gusto mo gamitin. We had the same issue before where yung nakabangga ay walang insurance dahil luma na yung car nya. It's stated din sa police report na we settled and agreed na we will use our own insurance and he will just pay for the participation fee. And they covered it. Maybe malaki lang kasi talaga yung bangga ngayon kaya tinetechnical nila kame.

[sirkosero]

Thanks for the feedback. But based on personal and friends' experiences, we can always choose kung kaninong insurance ang gusto mo gamitin. We had the same issue before where yung nakabangga ay walang insurance dahil luma na yung car nya. It's stated din sa police report na we settled and agreed na we will use our own insurance and he will just pay for the participation fee. And they covered it. Maybe malaki lang kasi talaga yung bangga ngayon kaya tinetechnical nila kame.

Papaano ba ang wording ng kasulatan nyo? Kung nakasulat na it is compensation for the unavailability of your car while being repaired, may habol ka pa.

Pero kung nakaindicate na yung pera given to you frees them from all liens and liability and you will transact directly with youe insurance, malabo talaga yan.

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[2lits17]

dapat nag ka sundo lang kayo ng other party na sasagutin nila yun gastos pero walang exact amount tsaka dapat hinde pinapakita sa insurance mo. gentlemans agreement lang ba, kung tinakbuhan ka then no choice you pay the participation fee. kaso siningil mo na agad may allowance pa to cover your travel expense during nasa casa yun sasakyan. so parang quit claim na yun tapos sinabi mo pa sa insurance mo.

you know naman insurance companies sa pinas they will find way para malusutan nila liability nila, being honest is not that bad pero kasi insurance kausap mo eh. you should know how it works.

gano kalaki damage sa oto mo? care to post some pic? ok lang kung ayaw mo bro.

good luck sana maayos

[dct]

Malabo ata to. Ano bang lumabas sa police report mo? Yung other party ang mali? Sasagutin lang yan ng insurance kung ikaw ang may mali sa accident.

Default is, babayaran ka ng insurance. Pero sisingilin si other party kung sya ang mali. Pero dahil nag sign ka na, pano pa nila sisingilin si other party?

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[aNthraxx]

As far as i know you can claim OD if the other party cant pay for it. Done it several times na commonwealth din insurer ko but we dont have written agreements like yours.

Sabi ko di kaya bayaran then siningil lang ako ng participation fee which sinigil ko din dun sa naka banga.

Now they said hahabolin nila yung naka bangga i dont know the insurance din nun or the owner mismo and they would give back my participation fee if they paid.

Key thing is i told them the offending party cannot pay so i claimed sa OD minus any written agreement or a suggestion of any agreement.

There was this other case na i refused to claim from my OD and insisted the offending party to pay for the damage of my other car kasi na inis ako dun sa naka bangga. I was stationary and he rear ended me so careless talaga.

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[shadow]

Pinapahirap ninyo kaso pag claim eh since you have comprehensive insurance, kung na involved kayo sa accident whether it's your fault or not just claim it sa insursnce ninyo and let them handle everything.

Gumugulo kasi bakit pa ninyo gusi ipasagot doon sa nakabangga yun participation ninyo saka bakit kailangan pang meron additonal na allowance?


Never ako humingi ng participation pay sa nakabangga sa akin and I don't care kung meron siya insurance or wala. Bahala siya makipagusap sa insurance ko basta papasok ko na sa casa as soon as possible para magawa na.

Kung wala siya insurancd the it's not my fault hinde ko na rin entertain kung nakikiusap kung pwede na siya na lang magbayad ng deductible pero papalabasin na hit or run or something.





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[papi smith]

Spot on Sir Shadow, OD or TPL, comprehensive insurance means comprehensive [emoji16]

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[ninjababez]

Pinapahirap ninyo kaso pag claim eh since you have comprehensive insurance, kung na involved kayo sa accident whether it's your fault or not just claim it sa insursnce ninyo and let them handle everything.

Gumugulo kasi bakit pa ninyo gusi ipasagot doon sa nakabangga yun participation ninyo saka bakit kailangan pang meron additonal na allowance?


Never ako humingi ng participation pay sa nakabangga sa akin and I don't care kung meron siya insurance or wala. Bahala siya makipagusap sa insurance ko basta papasok ko na sa casa as soon as possible para magawa na.

Kung wala siya insurancd the it's not my fault hinde ko na rin entertain kung nakikiusap kung pwede na siya na lang magbayad ng deductible pero papalabasin na hit or run or something.





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first time siguro nangyari kay TS. ako din dito kay bro shadow natuto na wag na humingi or umasa sa participation fee and abala; dahil iinit lang ulo mo at sayang lang oras mo kaka followup.

[maxpedition]

Nung nabangga car ko humingi ako participation fee kasi yung bobong pulis na nagimbestiga nilagay sa police report parehas me kasalanan kahit obvious naman yung nakabangga skin dahil me kuha ng dashcam. Inaayos naman ni commonwealth insurance damage cost around 75k. Meron kami kasunduan nung nakabangga nakaindicate naman sa pinirmahan namin na sya magbabayad sa participation fee. Malaki lang amount nung ke TS kaya siguro mabusisi si insurance.

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