How to settle amicably? Share your thoughts

**derf8666** · March 3rd, 2013 12:17 PM

Originally Posted by 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

Originally Posted by 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?

First of all, why are you not insured? If your car is still insurable, you should always get insurance protection. You will never know, especially with the road/driving conditions here in the Philippines. Not to mention the threat of thefts. It is true that there are certain requirements to submit before one can claim. And these requirements sometimes can seem daunting to the insured.

A lot of the more reputable insurance companies now go out of their way to erase the perception na mabagal mag claim. Na maraming red tape. Na tinitipid at binabarat ang mga nagclaclaim. As long as your claim is deemed to be true and valid, then i dont see why insurance companies would try to destroy their reputation. Not the ones I'm representing anyway. So far wala akong problema sa mga insurers ko.

Reading your take on the incident, I think everything went well until you declined to sign the blank document. You are definitely right not to sign a blank document of course. However, I feel that your hubby might have said it in such a way that may have ruffled the feathers of the claims department, as you claimed that he was Insisting na no one in their right mind would sign a blank piece of paper. Does that mean that there was a heated argument because of that? Actually you dont need to submit any report naman. aside from your CR/OR, drivers license, pix, estimate, certificate of no claim. The incident report or police report should come from their client, yung nakabangga sa inyo. Normally, especially for minor claim like this, an incident report (from the mall) plus probably an affidavit from their insured will suffice. No need for police report. So I really dont understand why they were telling you to sign a blank incident report.

Pero tama ka that at this point dapat yung insurance saka yung talyer na ang naguusap regarding the final agreed price. Labas na supposedly yung nakabangga sa inyo and pati kayo. Tulong tulong na lang sa follow up.

Do not try to have it fixed yourself. You will lose your right to claim from the insurer.

It's been only a week. I dont see the need for a lawyer yet. Give them some time. Update us na lang here. If they are still giving you a hard time, maybe you can share the name of the insurance company so that the forumers here can avoid it. Good luck!

**rna800** · March 3rd, 2013 01:52 PM

Dapat sir, may comprehensive insurance lahat ng cars niyo. Mahirap kasi pag TPL lang and when you get into an accident, you can't even use it and in the end, you will either fully shoulder the repair cost or let the other party pay for it.

Like in my cases before.

Nabangga ako sa intersection while coming out of Ayala Alabang Village ng isang nag ran while on red light na Besta van ata un. Tumilapon ung Civic ko and ung van niya sa other side of the road sa sobrang lakas ng impact. We had the car towed from Alabang to a shop in Congressional, QC coz the passenger side of the engine bay was totally wrecked. Also the guys van, wasak din ang harap, windshield and some of the shards of glass went to his face thus he had a bloody face. Ang dami nila sa van and 3 kami sa Civic.

So usap konti, police report and sabi meet the next day sa Max's Cubao. When we got there, we said that they can order what they wanna eat. Ang lakas pang umorder ng mag asawang g*go. Biglang sabi ba naman nung mister na gagraduate daw ung anak niya kaya wala silang budget plus papagawa pa ung van niya. Then ito pa, sabi niya na babayaran lang daw niya kami pag pumayag kami na gamitin namin ung insurance namin pag pinaggawa ung van niya kasi daw walang insurance ung van niya and malaki ang magagastos nila. What a turd. Then he showed what happened to his face. We paid for the bill and then left. No pity felt, even a bit. Kanya kanyang paayos nalang.

The total repair cost was more than 150k but we only paid for the participation.

Then when we were about to leave for the US, a letter from Police station in Alabang came saying that we can file a case against them if we want. We didn't bother anymore. Sayang lang sa oras.

The other one was when my Dmax got hit by a Delica. Same scenario, wala daw pera and mayabang pa na sabi punta nalang daw sa police station kaysa magbigay ng pera then nung sinabi na let's go, biglang nagmakaawa. We just asked for our participation fee na kahit 5k nalang kaso 4500 nalang daw ata ung natitira nilang pera kasi galing pa daw sila ng province and naubos sa pambili ng gamot ung pera nila and all that b*llsh*t.

On the other side of the coin, when we still had our Mazda B2500, we didn't renew its comprehensive insurance kasi matanda na. Unfortunately, the accident happened when we didn't renew it. So I just gave my contact details to the other driver and once their insurance gave the quote of their adjuster, contact me so I can send the money. Then that is what I did. Walang problema. But on our part, we were forced to have our pickup fixed from our own pocket. That happened to me 2x. But the 2nd one, I gave the parking boy my calling card to give to the car owner when he/she arrives, paalis na kasi ako noon. Same thing. I gave the money that was quoted to owner. Walang kung ano ano pang ka b*llsh*t*an and alibi. Nabangga ko, di bayaran ko.

In the end, you will face different kinds of people when you get into an accident. Malas mo lang pag ang nakabangga sayo ay ung maka mukhang mayayabang na wala naman palang pambayad and tatakbuhan ka. Puro porma and angas lang pala pero participation lang hindi pa mabayaran and halos parang mamulubi na sila kung mag reklamo.

Since you said you only have TPL, that is a horror news to the one who hit you. Ang purpose lang kasi niyang TPL is for registration. In the dream world, the one who hit your car should shoulder all the cost for your car's repair coz he damaged your vehicle. But in the real world, good luck lalo pag malaki ang damage siyempre malaki din ang babayaran at kung douchebag ang nakabangga sayo, most likely tataguan ka na niyan kasi wala siyang pambayad.

In your case, sir, just charge it to experience nalang kung ayaw talaga nilang bayaran. Baka hindi na sila makakain niyan at maubos ang kaban yaman nila pag binayaran ka nila ng 7k for repair as quoted by your repair shop.hehe You can also try to consult a lawyer pero sabi mo 7k ang quote sayo. Hindi naman masyadong malaki un, sir, as compared to suing that turd, baka mas malaki pang gastos and abala ang aabutin mo.

**minime09** · March 3rd, 2013 02:02 PM

Originally Posted by derf8666

First of all, why are you not insured? If your car is still insurable, you should always get insurance protection. You will never know, especially with the road/driving conditions here in the Philippines. Not to mention the threat of thefts. It is true that there are certain requirements to submit before one can claim. And these requirements sometimes can seem daunting to the insured.

A lot of the more reputable insurance companies now go out of their way to erase the perception na mabagal mag claim. Na maraming red tape. Na tinitipid at binabarat ang mga nagclaclaim. As long as your claim is deemed to be true and valid, then i dont see why insurance companies would try to destroy their reputation. Not the ones I'm representing anyway. So far wala akong problema sa mga insurers ko.

Reading your take on the incident, I think everything went well until you declined to sign the blank document. You are definitely right not to sign a blank document of course. However, I feel that your hubby might have said it in such a way that may have ruffled the feathers of the claims department, as you claimed that he was Insisting na no one in their right mind would sign a blank piece of paper. Does that mean that there was a heated argument because of that? Actually you dont need to submit any report naman. aside from your CR/OR, drivers license, pix, estimate, certificate of no claim. The incident report or police report should come from their client, yung nakabangga sa inyo. Normally, especially for minor claim like this, an incident report (from the mall) plus probably an affidavit from their insured will suffice. No need for police report. So I really dont understand why they were telling you to sign a blank incident report.
Pero tama ka that at this point dapat yung insurance saka yung talyer na ang naguusap regarding the final agreed price. Labas na supposedly yung nakabangga sa inyo and pati kayo. Tulong tulong na lang sa follow up.

Do not try to have it fixed yourself. You will lose your right to claim from the insurer.

It's been only a week. I dont see the need for a lawyer yet. Give them some time. Update us na lang here. If they are still giving you a hard time, maybe you can share the name of the insurance company so that the forumers here can avoid it. Good luck!

Thanks for the insight. Really helpful.

here's what happened dun sa insurance, hubby accidentally signed the form but he quickly realized his mistake. He requested if he can have the document and print na lang sila ng bago kasi he shouldn't have signed it dahil wala pa ngang nakalagay. He was apologetic and tried to explain dun sa nakabangga na its for our own protection, that was when the the other party lost her patience, kesyo nagmamatigas kami and masyado daw kami "legalistic" ( her word not mine) wanting everything to be black and white. We let it slide. Tapos after the insurance guy took pictures of the damage i informed him that we had it already appraised then gave the guy ung calling card ng shop. He just gave it back to us with just a cursory glance then said no need dahil they will be issuing a check directly sa car owner without asking how much was the damage and without even giving us a ball park figure of their estimate. And that really bothers me. Plus add to the fact na sinabi nung insurance guy na we just need to sign the form and we don't need to enter our own acct. Of the incident. When andun sa form na may space for us to write. The insurance is a reputable one, but kinda question ung practice nung rep. Well, we don't have insurance to cover everything coz my dad doesn't really trust them. Hehehe... But am thinking otherwise just so i can be protected from careless drivers.

**minime09** · March 3rd, 2013 02:13 PM

You're right i mean ganun kasimple di ba? You break it you pay for it, any inconvinience should be on the part of the of the one who caused the incident. Wala naman mawawala sa maayos na usapan. It sad lang na, for 7k they would risk their name and have it drag on. Funny thing was nag mention pa sya na may "blessing" that she recently received kaya nagpapasensya sila. Hahahaha.... The audacity of some people.

**renzo_d10** · March 3rd, 2013 02:25 PM

Originally Posted by 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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Sana pag nagmamadali ka, mabunggo mo ko. Tapos i-overcharge kita sa damages "for the hassle"

**shadow** · March 3rd, 2013 04:13 PM

Originally Posted by renzo_d10

Sana pag nagmamadali ka, mabunggo mo ko. Tapos i-overcharge kita sa damages "for the hassle"

Alam ko naman more or less magagastos sa damage noh...I can add a little but definitely will not pay the overcharge...

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**rna800** · March 3rd, 2013 05:29 PM

Originally Posted by minime09

Thanks for the insight. Really helpful.

here's what happened dun sa insurance, hubby accidentally signed the form but he quickly realized his mistake. He requested if he can have the document and print na lang sila ng bago kasi he shouldn't have signed it dahil wala pa ngang nakalagay. He was apologetic and tried to explain dun sa nakabangga na its for our own protection, that was when the the other party lost her patience, kesyo nagmamatigas kami and masyado daw kami "legalistic" ( her word not mine) wanting everything to be black and white. We let it slide. Tapos after the insurance guy took pictures of the damage i informed him that we had it already appraised then gave the guy ung calling card ng shop. He just gave it back to us with just a cursory glance then said no need dahil they will be issuing a check directly sa car owner without asking how much was the damage and without even giving us a ball park figure of their estimate. And that really bothers me. Plus add to the fact na sinabi nung insurance guy na we just need to sign the form and we don't need to enter our own acct. Of the incident. When andun sa form na may space for us to write. The insurance is a reputable one, but kinda question ung practice nung rep. Well, we don't have insurance to cover everything coz my dad doesn't really trust them. Hehehe... But am thinking otherwise just so i can be protected from careless drivers.

When you gave your shop's calling card to the insurance guy, he just gave it back to you and he said that they will just issue a check directly to the owner of the car. When he said "owner", was he talking about you or the other party?

What I know is that the insurance will issue a check ONLY to the car shop and not to the car owner that's why affidavit and all other stuff are required when claiming. And they will only pay for the car registered in the policy. Kaya nightmare pag ang nabangga mo walang comprehensive insurance kasi you will have to shell out cash from your pocket to have their car fixed. Unlike if you both have comprehensive insurance, just let those 2 insurance companies talk to each other.

**shadow** · March 3rd, 2013 05:38 PM

Pagawa mo na lang sa accredited shop ng insurance, look for one nearest to your home or office para mapasyalan mo, huwag mo na I-cash out.

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**yagbolts** · September 4th, 2013 06:55 PM

Sino meron sample ng Waiver and Quit Claim, para if ever nagbigay ka na sa other side eh hindi na sila mag habol ulit.

**cpsolt** · September 4th, 2013 09:31 PM

when i still had my multicab dropside, i was rear ended by a 2000 civic at the sucat/valley one intersection (we both have tpl insurance only). the driver showed me his license and the plastic jacket was also showing his air force reserve id. i said nasa military pala kayo. he said yes. so i said that we should go to the traffic management office and have the incident blottered and go to my latero for an estimate. he's been insisting that he has a flight and we gotta hurry. (aw c'mon... kelan pa lumipad ang weekend warrior with our limited fixed wing/rotary assets) so i called up my brother who went straight to the traffic office, watch the blotter proceedings and made some small talk with the driver. i promised him na hindi ako maghahabol basta mabayaran yung cost ng pagawa so he paid my latero outright, left my ride at the shop and went home on my brother's car. the matter was settled.