HELP: Commonwealth Insurance denying coverage

**dubidubidapdap** · February 8th, 2019 04:37 PM

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** · February 8th, 2019 04:57 PM

Originally Posted by 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

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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**A121** · February 8th, 2019 07:52 PM

Originally Posted by EQAddict

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** · February 8th, 2019 08:17 PM

Originally Posted by EQAddict

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** · February 8th, 2019 10:01 PM

Originally Posted by cdl

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** · February 8th, 2019 11:12 PM

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

**cdl** · February 11th, 2019 11:49 AM

Originally Posted by 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

Oo nga.. I shouldn't have told them about the agreement, mahirap din talaga maging honest and mabait dito saten.. Total Repair Estimate is 566k+. For total loss na sya and yes malaki, kaya siguro tinetechnical nila.. We're just waiting don sa last say ng agent. So far ito ang next steps namin:
1. Talk to insurance (managers daw) para malaman ano pwede namin gawin for them to cover it
2. File a complaint to Insurance Commission

Thanks ulit sa mga nagrepy. Highly appreciated.

**17Sphynx17** · February 11th, 2019 11:56 AM

Originally Posted by cdl

Oo nga.. I shouldn't have told them about the agreement, mahirap din talaga maging honest and mabait dito saten.. Total Repair Estimate is 566k+. For total loss na sya and yes malaki, kaya siguro tinetechnical nila.. We're just waiting don sa last say ng agent. So far ito ang next steps namin:
1. Talk to insurance (managers daw) para malaman ano pwede namin gawin for them to cover it
2. File a complaint to Insurance Commission

Thanks ulit sa mga nagrepy. Highly appreciated.

I don't know how you making a complaint to the Insurance Commission would help your case though.

What your initial claim (that the company denied) was basically tantamount to insurance fraud correct?

I would suggest you try to work it out with your insurance company and just talk it out.

Ikaw na nabangga, nagkamali ka lang sa desisyon mo ng pirmahan sa areglo sa nakabangga sa iyo. Hindi mo masisi yung insurance ngayon sa pagkakamali mo din, diba?

I don't understand why you would have signed though, but I'm assuming inexperience. This would just have to be treated as a really expensive lesson in what not do. What you can try to work out with your insurance company is how you can lessen the blow to your wallet na lang.

Playing hard ball with them when you know you did something you shouldn't have might make things worse. They have the documentation you signed and know it was a false claim already.

Hindi ka tinetechnical ng insurance lang din, dahil kasi may signed agreement ka with other party, tinali mo kamay nila diba? Kasi pag naghabol sila sa kabila, di din nila kaya dahil may dokumento mapapakita yung kabila na pinirmahan mo. Ikaw nagpahirap sa claim ng insurance mo din kahit anu subukan nila.

You signed without consultation, kaya for me, medyo mali din na sabihin mo na iniisahan ka ng insurance company mo.

**cdl** · February 8th, 2019 08:07 PM

Originally Posted by 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

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

**dubidubidapdap** · February 9th, 2019 12:40 PM

Originally Posted by cdl

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

Just to add, ang kakampi mo dito ay si Commonwealth Insurance pa rin. Malaking halaga ang Php 400-500k for a repair so you really have to ask them for considerations into your favor. Kasi as far as I know, if things went smoothly into your favor, i.e., there's a loophole on your written agreement favoring your case, the other party's Insurance Company will cover the damages upto Php 200k as per their policy. Then the Commonwealth Insurance will cover the remaining cost of repair which is around Php 200-300k, right?

Then hopefully Commonwealth Insurance will go after the other party na and wala silang magagawa since its on their end na for getting a comprehensive insurance with only just Php 200k maximum third party property damage coverage. Hindi porket may comprehensive insurance ay safe na from liabilities. It still depends sa coverage and policies ng insurance since there are limits lalo na kung mura lang ang kuha sa comprehensive insurance. Good luck, OP.