Insurance Claim procedure

[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.