How to settle amicably? Share your thoughts

[minime09]

Hi! Share your thoughts guys here's what happened, last sunday naatrasan ang car ko inside the parking lot of a mall in qc. While looking for an open space, ung car in front us stopped and then suddenly umatras, by the time my hubby hit the horn it was too late. Now, they were apologetic at first, didn't notice that there was a car behind them, etc... Since tao naman sila humarap nag timpi ako. I looked for a guard then filed an incident report, they promised to get in contact with us and they want to use their insurance, told them that we have to have the car damage appraised first before anything else. Pumayag sila then they will coordinate daw with their insurance. The next day friendly pa din sila, if we could go with them daw sa insurance nila para ma check ung damage. Sumama kami, take note, time namin and gas namin, but we didn't argue coz we want to settle things amicably. Before meeting up with them dumaan na kami sa car shop where we usually take our car to be repaired, nag quote sila ng 7k. Pag dating sa insurance nila, dun ko napansin ung ugali nila, my hubby refused to sign a blank incident report. Insisting na no one in their right mind would sign a blank piece of paper. Dun nagsalita ung may ari na "nagmamatigas kayo ha, baka umabot tau sa patigasan." we didn't say anything. Then the inspector took pictures of the damage, i told them that we had the damage appraised na then gave them ung calling card ng shop. They didnt even bother asking how much, then inabot ulit ung card sa amin.

I think na we've been patient enough pero tingin ko nabastos kami. Now we plan to take the car to the repair shop pay with our own money and just inform Ung other party na dinala na namin sa pagawaan. What do you guys think? Thanks in advance

[bobzy]

IMHO dapat di kayo pumayag na walang incident report man lang....or yet police report. Now they might have realised that kaya sila na matigas ngayon. As you said (TS) nung una ambabait pero di nakukuha sa pakitang tao ang damages on an incident like that dahil well earned money na ang involved and since 7K ang qoute sa repair shop di birong amount yun. Imagine the time lost, your money on gas etc....well you can just charge it to experience

[Noel Salisipan]

Mukhang mauuwi sa "charge to experience" yan, mukhang kulang ang documents nyo para habulin at pagbayarin yung naka-atras sa inyo.

Dapat dun pa lang sa point ng accident naka-demand na kayo ng participation fee, settlement, police report...

[ans_lim168]

Yes, I agree bobzy and Noel, the first thing to have in an accident is a police report, minus this then it would be difficult to claim. You and your hubby were right when you faced the offender with calmness. Charge this to experience, karma na lang ang katapat dun sa nakabangga.

[minime09]

IMHO dapat di kayo pumayag na walang incident report man lang....or yet police report. Now they might have realised that kaya sila na matigas ngayon. As you said (TS) nung una ambabait pero di nakukuha sa pakitang tao ang damages on an incident like that dahil well earned money na ang involved and since 7K ang qoute sa repair shop di birong amount yun. Imagine the time lost, your money on gas etc....well you can just charge it to experience

Thanks for your input guys we actually have an incident report from the mall security and we also have a written note from them which they signed na they were at fault, and we have pictures of the incident. we were thinking na at that time since we were inside a mall that it's the mall's jurisdiction naman and they have it on record. The funny thing is that they keep reassuring us that time that they wont be remiss on their duties daw, we could trust them since they have a shop and what not.. I guess it's in my nature to give people the benefit of the doubt. pero mukhang pakitang tao lang nga talaga.

do you think it would be enough to have the documents I have with me Notarized?

[fireblade]

Thanks for your input guys we actually have an incident report from the mall security and we also have a written note from them which they signed na they were at fault, and we have pictures of the incident. we were thinking na at that time since we were inside a mall that it's the mall's jurisdiction naman and they have it on record. The funny thing is that they keep reassuring us that time that they wont be remiss on their duties daw, we could trust them since they have a shop and what not.. I guess it's in my nature to give people the benefit of the doubt. pero mukhang pakitang tao lang nga talaga.

do you think it would be enough to have the documents I have with me Notarized?

best to have the docs notarized and claim it thru your own insurance. let your insurance take care of this fag and leave the worries to them. they are looking for your weak spot and they seem to be ready to charge on you anytime. dont go for amicable settlement na, use your insurance and your insurance will go after them. also, dont have it repaired yet by your preferred shop, otherwise it might just waive their responsibility.

[Noel Salisipan]

The simple best thing to do is, punta kayo sa malapit na presinto na nasasakupan nung insidente.
Tanong nyo sa police kung credible yung mga documents nyo para mahabol o mapagbayad yung liable person.

Police report kasi ang hinihingi pag ikakaso mo, o either mag-claim sa insurance.

[shadow]

Don't trust anybody, except me ...Kahit among pakiusap, get a police report...

Nangyari na sa akin yan MOA paatras kami pareho palabas ng slot then nagkatamaan, hinde ok napansin eh...but since naka esi siya and I was driving SUV Yupi trunk niya tumama sa reserve tire ko...

Since we are both in a hurry Sabi niya papaquote niya then he'll text me, so the next morning he texted me the amount so I just deposited it his bank account...

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[_Cathy_]

^Masarap pala kausap si shadow e. Mabuti maayos din kausap mo at hindi nag over estimate.

[Noel Salisipan]

Don't trust anybody, except me ...Kahit among pakiusap, get a police report...

Nangyari na sa akin yan MOA paatras kami pareho palabas ng slot then nagkatamaan, hinde ok napansin eh...but since naka esi siya and I was driving SUV Yupi trunk niya tumama sa reserve tire ko...

Since we are both in a hurry Sabi niya papaquote niya then he'll text me, so the next morning he texted me the amount so I just deposited it his bank account...

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Hindi ba dapat kanya-kanyang pagawa dahil parehas kayong paatras at parehas kayong liable?

[minime09]

best to have the docs notarized and claim it thru your own insurance. let your insurance take care of this fag and leave the worries to them. they are looking for your weak spot and they seem to be ready to charge on you anytime. dont go for amicable settlement na, use your insurance and your insurance will go after them. also, dont have it repaired yet by your preferred shop, otherwise it might just waive their responsibility.

Unfortunately we only have TPL. we'll probably consult a lawyer na lang bukas, fortunately free consultation un. hehehe..... Haist.. Ginawa pa nilang guarantee na that they own a "well known" a/c repair shop in QC, that's why we could trust them daw. Tapos sila pa nagalit ng we didn't sign a blank document. DUH!

[minime09]

^Masarap pala kausap si shadow e. Mabuti maayos din kausap mo at hindi nag over estimate.

Lahat kau sir ok kausap. naks! hahaha... yes sir, mejo suki kasi ung father ko dun sa shop, pag re-paint, minor or major dent rapairs ng mga cars dinadala dun ung mga sasakyan. and ok naman sila gumawa, that's why we don't want to have the car repaired in any other shop. mahirap na magtiwala. lol!

[minime09]

Don't trust anybody, except me ...Kahit among pakiusap, get a police report...

Nangyari na sa akin yan MOA paatras kami pareho palabas ng slot then nagkatamaan, hinde ok napansin eh...but since naka esi siya and I was driving SUV Yupi trunk niya tumama sa reserve tire ko...

Since we are both in a hurry Sabi niya papaquote niya then he'll text me, so the next morning he texted me the amount so I just deposited it his bank account...

Sent from my iPad using Forum Runner

Noted sir hahaha... buti pa kayu maayos kausap.

[shadow]

Hindi ba dapat kanya-kanyang pagawa dahil parehas kayong paatras at parehas kayong liable?

walang damage sa akin eh....sa kanya meron yupi...

[minime09]

Follow up question lang po. Syempre kung may car insurance ka you would like to use it di ba? I understand that part. Pero panu naman ung aggrieved party na hinde insured? Alam naman natin na almost always mababa ang estimate ng insurance (since they are in the business of making money and not giving it away) and it takes a really loooong time and a lot of red tape before the funds get even released, or they would insist that you have your car repaired at their "accredited" shops (malamang nababarat nila and most likely hinde ganun ka ganda ang gawa). Isn't it the decent thing to do ng responsible party would be to just settle with the other camp, and just file with their insurance? out of "hiya" na lang din just to spare the aggrieved party more inconvenience? what you guys think? instead of making "tawad" pa (if reasonable naman ang pagawa) or kung namamahalan just call the shop personally para makipag negotiate di ba and then cough up. tapos ang abala?

[shadow]

Follow up question lang po. Syempre kung may car insurance ka you would like to use it di ba? I understand that part. Pero panu naman ung aggrieved party na hinde insured? Alam naman natin na almost always mababa ang estimate ng insurance (since they are in the business of making money and not giving it away) and it takes a really loooong time and a lot of red tape before the funds get even released, or they would insist that you have your car repaired at their "accredited" shops (malamang nababarat nila and most likely hinde ganun ka ganda ang gawa). Isn't it the decent thing to do ng responsible party would be to just settle with the other camp, and just file with their insurance? out of "hiya" na lang din just to spare the aggrieved party more inconvenience? what you guys think? instead of making "tawad" pa (if reasonable naman ang pagawa) or kung namamahalan just call the shop personally para makipag negotiate di ba and then cough up. tapos ang abala?

kung gusto niya saraili pagawa w/o using your isurance and since hind siya insured...just pay them kung magakano deductible mo, no more no less

[minime09]

kung gusto niya saraili pagawa w/o using your isurance and since hind siya insured...just pay them kung magakano deductible mo, no more no less

Sir, do you mean na whatever amount na hinde cover ng insurance nila dapat is the only amount they should cover? I am actually amenable na we use their insurance, as long as they cover the amount na hinde sagot ng insurance and mapa gawa sa preferred shop ko. But the thing is that they mentioned na ayaw nila maglabas ng pera, so from what I understand is that Either we do it their way, or the highway. which hinde kami payag. Sila na naka abala demanding pa. will update you sirs what will happen this week.. thank you guys for all your comments and advice.

cheers!

[dr. d]

yes, just use your insurance. it's be the insurance company's choice if they want to run after the other party or not..
besides, that's why you got the car insured, yes?

i have often wondered why we refuse to use our insurance policies and choose to run after the other party instead..

and since the hit occured in private property, i .... security guard....just as good as... police...

[minime09]

yes, just use your insurance. it's be the insurance company's choice if they want to run after the other party or not..
besides, that's why you got the car insured, yes?

i have often wondered why we refuse to use our insurance policies and choose to run after the other party instead..

and since the hit occured in private property, i .... security guard....just as good as... police...

Sir we only have TPL the one that's mandated by law to have. i mean we are amenable to them using their insurance as long as they can give an assurance and a written document ( we already have it in writing na they were at fault, written and signed by them) that they will cover what their insurance will not. but unfortunately NADA.

[minime09]

actually my dad told me " sabihin mu na lang kesa magtagal pa, basagin nyu na lang lahat ng salamin nila tapos quits na." lol