HELP: Commonwealth Insurance denying coverage

**cdl** · February 8th, 2019 03:14 PM

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** · February 8th, 2019 03:27 PM

^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** · February 8th, 2019 03:48 PM

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** · 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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**shadow** · February 8th, 2019 05:24 PM

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** · February 8th, 2019 05:33 PM

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** · 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 07:59 PM

Originally Posted by 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.

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** · February 8th, 2019 08:04 PM

Originally Posted by 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).

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).