HELP: Commonwealth Insurance denying coverage

[17Sphynx17]

I am honestly just curious about the wording on the agreement you signed with "lolo". Basically what type of Quit-Claim it was and the wording.

Personally, I'd be wary of the lawyer who tells you to file a case about it because you are still in talks with your insurance company anyway as to what your options are.

Going the "file a case" route is a bit extreme if you ask me because you are trying to work it out with your insurance company given you made a mistake and tied their hands.

Now, with your lawyer in the picture, why would the insurance company extend you if you've gone aggressive on them with a lawyer? Just my thoughts on the matter.

Again, curious about the wording of that quit claim you signed.

When you signed it, you were most likely sober, of age and of sound mind and body and not under duress. I'd be wary given you signed the document in favor of the "lolo" who damaged your car (based on your explanation). As they say, "Ignorance excuses no one". And before signing something you are not sure of "check back with legal counsel".

But we'll know more after you show the copy of the signed agreement.

Secondly, will the insurance approve a claim resubmission wherein you correct the mistake of declaring it as own damage.

[shadow]

So ngayon nagbabayad ka pa ng lawyer's fee?


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[dr. d]

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!

what was the exact lyrics of your written agreement with the bump-er?

is it possible, that you are in effect absolving them of further responsibility?
because if you did, then you in effect tied your insurer's hands to go after the bump-er.

ask an insurance lawyer, what he thinks of your agreement with the bump-er.

and yes,
never talk to anyone nor make agreement with anyone, except your insurer. that is what insurance is for.

[cdl]

what was the exact lyrics of your written agreement with the bump-er?

is it possible, that you are in effect absolving them of further responsibility?
because if you did, then you in effect tied your insurer's hands to go after the bump-er.

ask an insurance lawyer, what he thinks of your agreement with the bump-er.

and yes,
never talk to anyone nor make agreement with anyone, except your insurer. that is what insurance is for.

Agreed with your last statement. I trusted too much and never thought na lolokohin ako ni lolo. We had a signed agreement on the night of the accident and it should have been enough. Well, received the denial letter from Commonwealth na. And to ensure everything will be correct, I will not talk/agree with the bump-er without a lawyer. Since he's 74 years old, baka magkaron pa ng health issues (heart attack, BP related, etc.) at masisi pa ako.

Re-commonwealth - they are by the book. So expected na they will just decide based on what they have so as expected, denied. hahaha!

[ninjababez]

why cant you post the agreement here?
hirap kaya magbigay ng tulong/advice pag wala detail/s.
mabuti pa si cathy, kahit papaano detalyado.
maybe there's something in the agreement that can help you with your current predicament.
btw di ba pwede isauli ang pera ni lolo, at maging invalid ang agreement? (lawyers chime in please).
kasi naalala ko lang isang scam na nangyari sa mall, na video as evidence sinauli yung product nila; na refund naman rightafter. iirc tulfo ito eh

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[shadow]

why cant you post the agreement here?
hirap kaya magbigay ng tulong/advice pag wala detail/s.
mabuti pa si cathy, kahit papaano detalyado.
maybe there's something in the agreement that can help you with your current predicament.
btw di ba pwede isauli ang pera ni lolo, at maging invalid ang agreement? (lawyers chime in please).
kasi naalala ko lang isang scam na nangyari sa mall, na video as evidence sinauli yung product nila; na refund naman rightafter. iirc tulfo ito eh

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Scam yun eh so nanloko. Ito siya mismo humingi ng bayad meron pa extra for transpo allowance while nasa repair yun kotse. Nagkasundo naman sila ng maayos.


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[papi smith]

Either alam no Lolo Ang ginagawa niya or wala siya talagang alam sa mangyayari at napilitan na lamang siya na pangatawanan ang quit claim nung malaman niya na 500k ang sisingilin sa kanya

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[17Sphynx17]

Either alam no Lolo Ang ginagawa niya or wala siya talagang alam sa mangyayari at napilitan na lamang siya na pangatawanan ang quit claim nung malaman niya na 500k ang sisingilin sa kanya

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Actually, from the looks of it, the lolo knows what he was doing. I mean, he seems to have worded it accordingly para walang habol na yung nabangga niya so... alam na nila lolo yung gagawin niya or he was "guided" accordingly.

Anyway, looks like this thread has died down so we are unlikely to see what the wording was that even the insurance is unable to get anything from him.