Insurance Claim procedure

[jeDi13]

I've read several threads regarding insurance claims but none contain exact answer to my question. So here's the scenario:

- vehicle at fault (car A) side swiped a vehicle at full stop (car B)
- car A is a company car, has comprehensive insurance
- car B only has TPL
- both drivers of vehicles agreed to settle for a police report and claim from insurance of car A
- driver of car B filed for a police report

Can someone state what steps to do next of car B driver? After getting the police report, where should he go and steps to accomplish?

Hope somebody can give enlightenment.

Thanks in advance.

[Gumusut_Amige]

I've read several threads regarding insurance claims but none contain exact answer to my question. So here's the scenario:

- vehicle at fault (car A) side swiped a vehicle at full stop (car B)
- car A is a company car, has comprehensive insurance
- car B only has TPL
- both drivers of vehicles agreed to settle for a police report and claim from insurance of car A
- driver of car B filed for a police report

Can someone state what steps to do next of car B driver? After getting the police report, where should he go and steps to accomplish?

Hope somebody can give enlightenment.

Thanks in advance.

sir, to start with the filed police report should indicate that car A has agreed to pay all repair costs for car B.
- if car B is an old car, go to your suking insurance accredited car repair shop for estimate but if otherwise the casa is the way to go (with car A driver presence of course).
- shop/casa estimate will be forwarded by accredited shop/casa to insurer
- without car A insurance issued LOA, shop/casa won't start any repair works for car B. you have to put pressure on its immediate release, give them a demand letter if they purposely delay the LOA issuance.
- lastly, car B driver should keep photo copied documents submitted for handy reference. don't forget also to get car A, shop/casa and insurance HP numbers for ease of communication
hth

[jeDi13]

Thanks sir Gumusut_Amige! I have follow-up questions though:

Can car B driver insist on going for the casa repair/repaint since paint color might be different if sa suking accredited car A insurance lang pupunta?

Can car B driver just go to any suking accredited car A insurance repair shop and give the police report? Or the police report should be submitted to the car A insurance?

Ahh. Medyo naintindihan ko na. For estimate lang pala muna then ifforward sa car A insurance. Then yung LOA and kailangan ni car B driver for the repair works to start.

Usually or normally, how long will it take for a car insurance to release the LOA?

[_Qwerty_]

kung magaling ang agent mo.. they can release the LOA within 2 hours.. pag babagal bagal naman.. yung iba inaabot nang 2 weeks... yung iba.. months pa..

[jeDi13]

pano po yun, TPL lang ang insurance ni car B?

[_Qwerty_]

ang may kasalanan eh si Car A.. so dapat sagot ni Car A lahat nang damage.

[jeDi13]

Thanks! No cash out pala sa side ni car B. Medyo may idea na ako sa steps. Kaso can car B driver demand for a casa repaint? Kasi what if hindi mahabol yung original paint ng car? I mean magkaiba ng shade? Repaint ba ulit? or pababayaan nalang na ganun?

[Gumusut_Amige]

Thanks! No cash out pala sa side ni car B. Medyo may idea na ako sa steps. Kaso can car B driver demand for a casa repaint? Kasi what if hindi mahabol yung original paint ng car? I mean magkaiba ng shade? Repaint ba ulit? or pababayaan nalang na ganun?

nasa usapan yan at depende sa car A insurance na yan.
kung sa original shade naman na problema mo, may available straight colors para sa specific car brand sa iyong suking car paint shop (kailangan dalhin ang sasakyan mo para matimplahan nila ng maigi kung wala). caveat... dapat per panel lang ang paint application na gagawin

[abcd0218]

Hi, in relation to the query above.. What if..

* Car A - has comprehensive insurance, bumped a parked car because of a busted tire

* Car B - no insurance.

Accident happened last March 2010. Owner of Car A communicated to owner of Car B that they coordinate with the insurance of Car A for the coverage of the costs of the damages to Car B.

By text message, Car B tells Car A that the damages amounted to almost 300k (which is kind of absurd since only the rear right wheel and part of the rear part was scratched). Owner of Car A tells Car B to again communicate with the Insurance Company since what they have is Comprehensive Insurance.

Come June 2010, Insurance Company of Car A sends a letter to owners of Car A that they are settling 100k of said damages to Car B and that they the excess should/would be shouldered by owner's of Car A and that the insurance would be released. It was also stated in the letter that attached is the copy of the assessment of the damages for Car B, but nothing came with the letter. We called up the Insurance company, and still, no copy of the assessment has arrived.

My questions are:

1. What is the procedure for claiming of coverage for damages for 3rd party? When damages to their car is being assessed, is it a requirement for a party from Car A's side to be present? Just to be able to assure that said estimates would be fair or something like that?

2. When said estimates have been done with Car B, the insurance company should send a the Insured party a copy of the assessment right? Since technically we're the one paying for it.

3. Is there a timeframe wherein a third party could file a claim?

TIA for all your replies!

[mark_t]

Hi, in relation to the query above.. What if..

* Car A - has comprehensive insurance, bumped a parked car because of a busted tire

* Car B - no insurance.

Accident happened last March 2010. Owner of Car A communicated to owner of Car B that they coordinate with the insurance of Car A for the coverage of the costs of the damages to Car B.

By text message, Car B tells Car A that the damages amounted to almost 300k (which is kind of absurd since only the rear right wheel and part of the rear part was scratched). Owner of Car A tells Car B to again communicate with the Insurance Company since what they have is Comprehensive Insurance.

Come June 2010, Insurance Company of Car A sends a letter to owners of Car A that they are settling 100k of said damages to Car B and that they the excess should/would be shouldered by owner's of Car A and that the insurance would be released. It was also stated in the letter that attached is the copy of the assessment of the damages for Car B, but nothing came with the letter. We called up the Insurance company, and still, no copy of the assessment has arrived.

My questions are:

1. What is the procedure for claiming of coverage for damages for 3rd party? When damages to their car is being assessed, is it a requirement for a party from Car A's side to be present? Just to be able to assure that said estimates would be fair or something like that?

Read the insurance policy, the claim procedure will be the same
as claiming for ctpl, own damage or BI/PD.(You will follow one procedure
and the same set of requirements)

It is not a requirement for the Car A party to be present as there are adjusters
who will be available to do the job. But if Car A party refuses to acknowledge
the damage so will the insurer.

2. When said estimates have been done with Car B, the insurance company should send a the Insured party a copy of the assessment right? Since technically we're the one paying for it.

The repair estimate is sent by the Casa to the insurance co. for
a LOA. Subject to the limits of the policy.(If you want a copy
of the repair estimate you will request a copy from the casa,
the insurance co. will not forward it to you as you can get your
own copy if you want. Simply it is not for you.)

3. Is there a timeframe wherein a third party could file a claim?

Yes, within 24 hours would be a reasonable time frame to make
the report and 7 days to file for a claim( all insurers have a 24hour
hotline to service claims). Beyond this time you will
be opening yourself for technicalities for a denial of your claim.


TIA for all your replies!

It seems you have a policy with a 100,000php BI/PD cover.
Did you not discuss this with your broker? If not, this
is one of the pitfalls of having a non compliant policy.
You do not have adequate TPL cover.

I maybe wrong.

[abcd0218]

Thanks a lot for your reply!

I was wondering kasi, since we're the one who's insured, the insurance company should be protecting our interest.


Thing is, the owner of the car we bumped is a certain SOMEONE here in the Philippines. I maybe wrong, but maybe he used his influence to have the insurance agree to the said amount of damages to his car. Coz parang mejo OA na abutin ng 300K + ung cost nun damages since I asked the Casa of BMW for an estimate, and it's nowhere near 300k.

Can we file kaya for a complain sa Insurance Commission?

[mark_t]

Thanks a lot for your reply!

I was wondering kasi, since we're the one who's insured, the insurance company should be protecting our interest.


Thing is, the owner of the car we bumped is a certain SOMEONE here in the Philippines. I maybe wrong, but maybe he used his influence to have the insurance agree to the said amount of damages to his car. Coz parang mejo OA na abutin ng 300K + ung cost nun damages since I asked the Casa of BMW for an estimate, and it's nowhere near 300k.

Can we file kaya for a complain sa Insurance Commission?

Sus don't be harrassed by this someone, you are someone too.
Maybe this is an extortion. Unless you bumped a latest 7 series BMW.

But before that where is the report of the damage?

[abcd0218]

Well, the car is a BMW 2007 model, 730 something.. Aabot ba talaga ng 300k+ ung cost niyan? I was driving a tiny car, as in mga Chery QQ type..

Since they don't have insurance and kami yung meron, should they have waited for our insurance to contact them and have their car fixed sa accredited shops ng insurance? Since kami, the insured, have also been subjected sa accredited shops lang ng insurance, and can't choose our own.

What they did was, brought their car to a car shop, had it repaired, and they're now asking us for payment dun sa ayaw i-shoulder ng insurance company.

We're still waiting for the attachment na dapat kasama nung letter para ma check if ano ba talaga ung ginawa sa car nila. In the meantime, we're going to have a third party assess ung damages sa car nila based on the pictures we have from the site of accident, since impossible na to assess based on actual since na pagawa na nila yung car..

[mark_t]

Post the pictures and exact details of the accident.

[kdm06]

Hi, new member here. Can't open a new thread yet due to permissions so I'm posting my case here:

-VA was hit by VB in a curved highway
-Police Report and sketch shows that VB(truck) went out of lane therefore damaging VA(SUV) -(major damage but "external" parts only)
-VA has comprehensive insurance, VB only have CTPL
-Company owner of VB is asking owner of VA to file insurance claims from its own insurer since VB is not covered
-VA owner agreed to file a claim for as long as VB will pay participation fee and a percentage of the renewal Insurance Premium
-VA owner prepared a Letter of Agreement stating that VB owner will pay the agreed amount.
-VB owner further demanded that once payment is made VA owner should execute Affidavit of Desistance

So here are the questions that came to my mind (by the way I'm VA owner):
1. Is it fine that I agreed to file this to my insurer under "own damage"? Are there any implications to this other than me having to pay Participation Fee?

2. Should I execute "Affidavit of Desistance" if VB owner will pay me the requested amount? What will happen if insurance company will pursue him/her? Will the affidavit of desistance that I signed free him from any liabilities? Would this not backfire to me later on?

3. If I will not agree to execute "Affidavit of Desistance", the agreement might be messed which means I will have to pay my own participation fee and whole amount of Insurance Premium and me not getting any compensation for the damage and all the hassle. Is this an option to take and just let my insurer do the chasing?

4. What do you think is best to handle this scenario?

Help and ideas would greatly be appreciated. Thank you in advance.

[papi smith]

My 1 cent, the Affidavit of Desistance will conflict/negate the Own Damage Claim.

[dr. d]

just curious. how much is that participation fee that A wants to pass on to B ? it would be nice if B agrees to pay it.
but on the practical side, if B does not agree to pay the part. fee, what will A do? go to court where he will spend lotsa time, effort, and several times that participation fee ?
A should just file it against A's insurance, to the best of A's knowledge, po. "nabangga ako ng kabilang sasakyan. heto pulis report."
yes, it would be nice if B pays the participation fee. but i feel B should not be made to pay for any part of A's insurance premium, as A is required to pay it anyway, whether he gets into an accident or not.

my 1 peso's worth.

[kdm06]

just curious. how much is that participation fee that A wants to pass on to B ? it would be nice if B agrees to pay it.
but on the practical side, if B does not agree to pay the part. fee, what will A do? go to court where he will spend lotsa time, effort, and several times that participation fee ?
A should just file it against A's insurance, to the best of A's knowledge, po. "nabangga ako ng kabilang sasakyan. heto pulis report."
yes, it would be nice if B pays the participation fee. but i feel B should not be made to pay for any part of A's insurance premium, as A is required to pay it anyway, whether he gets into an accident or not.

my 1 peso's worth.

Thanks for your comment sir. Appreciated.

Here are my reactions:
1. Isn't it unfair that A will pay the participation fee and not get any compensation considering that A will process the claim and undergo through all the hassle plus the deprivation of every day private transportation? In the first place, B is supposed to be liable to pay for all the damages right?

2. Re: paying part of the insurance Premium, The thing is the insurance is due for renewal and A isn't supposed to renew the insurance anymore. B upon knowing this, immediately offered to pay a percentage of the premium due to let A renew his renewal and be able to file a claim. A accepted the offer and feel that this may be a good compensation to the hassles mentioned in nr 1 above. The issue here is B is requiring A to sign affidavit of desistance. Lets say A will agree to execute the affidavit, what will happen if A's insurer will chase B?

Again, thanks for the reactions

[dr. d]

Thanks for your comment sir. Appreciated.

Here are my reactions:
1. Isn't it unfair that A will pay the participation fee and not get any compensation considering that A will process the claim and undergo through all the hassle plus the deprivation of every day private transportation? In the first place, B is supposed to be liable to pay for all the damages right?

2. Re: paying part of the insurance Premium, The thing is the insurance is due for renewal and A isn't supposed to renew the insurance anymore. B upon knowing this, immediately offered to pay a percentage of the premium due to let A renew his renewal and be able to file a claim. A accepted the offer and feel that this may be a good compensation to the hassles mentioned in nr 1 above. The issue here is B is requiring A to sign affidavit of desistance. Lets say A will agree to execute the affidavit, what will happen if A's insurer will chase B?

Again, thanks for the reactions

1, yes, it is unfair. but on the practical side, what are you going to do if B refuses to shoulder the participation fee? will you sue him in court? if you do, you will spend far more than that amount in terms of patience, effort, time spent, etc.
2. i do not understand this part. what does renewal of insurance have to do with an accident claim that happened earlier? the only question we have to determine is, was the car's insurance in effect at the time of the accident? renewal of insurance after that time, does not have any bearing on the case.
unless... we are refering to the gives. you know, instead of the full amount at the start of the year, some owners opt for monthly or quarterly gives (installment). if that is what this about, then i must side against A. because A has a contract with the insurance guys, to pay these gives, whether or not he gets into an accident during that time.

[dr. d]

let your insurance handle it, sir. do not sign anything without their knowledge and advice. you might only be creating your own headaches.