Nabangga 2011 Hi-Ace Commuter ko

**greatauror28** · February 6th, 2014 01:54 AM

First of all, hindi po ako ang nagmamaneho nang binangga ang Hi-Ace ko ng ulo ng trailer truck (walang trailer, ulo lang).

It happened last Jan 30, 2014 sa Brgy.Turbina Calamba, Laguna around 1am. My uncle was driving the van with passengers on the way home from Quezon when a drunk driver of a trailer suddenly decided to proceed in the Maharlika highway. As my Uncle relate it, he was not driving fast though it is a highway as there was a few cars also ahead of him. He told me he's just driving around 40kph when the incident happened. The truck crossed the Highway so the Van t-boned it's side.

These are the result:

Mabuti na lang at harap lang ang na-wreck, besides that all are intact: windshield, all windows, and the whole body beside the front. The airbags didn't even deploy. Yung driver side door din medyo tumabingi yung corner due to impact. I believe kung may tama ang engine is very minimal lang.

Question: Even though we have arrears in our insurance policy (Federal Phoenix a.k.a Accord Insurance), can we still make a claim? Ang policy namen ay from May 2013-2014 and the insurance agreed on an installment basis. 6 payments of P3,7xx within the year is needed to keep our policy. Currently, we are only 3 payments delayed from paying the full amount. Is it possible that the insurance company will deny our claim?

I'm just anxious about this because in the business-view of things, apparently not feasible na i-handle nila yung claim since gagastos sila ng malaki, compared sa makokolekta nila samen. Possible ba?

Further details:
*nakakulong na si Driver sa Calamba Police station awaiting bail
*police report and case has been filed as well as the testaments of the 5 passengers who were hurt
*Medico-legal has been done, awaiting documented results
*estimate of the damage has not been done as we are still gathering documents to pass to insurance
*my uncle only suffered minor injury on his left gulugod, and a few aching muscles.
*the truck owner (boss ni driver) doesn't want to talk to us and will let his driver rot in jail than settle what what necessary.
*Hi-Ace is still in the impounding area of the police in Calamba, awaiting insurance handling.
*12 passengers total were in the van when the incident happened but only 5 were hurt enough to warrant a checkup
*My Hi-Ace is a van-for-rent

Help fellow tsikoteers

**dr. d** · February 6th, 2014 02:43 AM

but what is the schedule of payments? if you are not up-to-date on the insurance payments, your insurance claim has a good chance of being denied. if you have been paying on time, the you have a good chance...
i believe it is all in the fine print. read it up, sir.
and there is an institution that caters to complaints against insurance firms. i just forget the name..

**greatauror28** · February 6th, 2014 03:00 AM

Originally Posted by dr. d

but what is the schedule of payments? if you are not up-to-date on the insurance payments, your insurance claim has a good chance of being denied. if you have been paying on time, the you have a good chance...
i believe it is all in the fine print. read it up, sir.
and there is an institution that caters to complaints against insurance firms. i just forget the name..

Sched of payments are every 5-6 weeks but due to financial difficulties, payments has not been sent.
There's a promisory note which is attached to the policy stating that "some claim MAY NOT be accepted if payments were not made".

Nevertheless, I called up the Manager of Toyota Marikina where we bought the van and seek advise.
She told me she has lots of experience in the past that has the same scenario as ours, and she told me we only need to settle the full payment of the policy and then we can proceed with the claim.

She also told me the only time a claim will be denied is if the policy is already expired.

I just posted these in Tsikot to know member's personal experience and/or opinions on this matter.

I really really hope we get out of this mess with less money out of our pockets.

**dr. d** · February 6th, 2014 03:26 AM

i feel so "uncomfortable" when someone asks a question, and i give my 90 centavos' worth, only to find out that he already had the answer..
sali na lang kaya ako sa quiz show.. at least doon, may prize.. heh heh.

in response to your updated query, i say, "good luck to you and your claim, then".

**brainmafia_310** · February 6th, 2014 03:51 AM

Sir correct me if i am wrong, gusto mo makaclaim ng insurance without settling or paying your arrears in full?

Or you feel that the insurer is obligated to pay for your claim, despite the fact that you have arrears?

Posted via Tsikot Mobile App

**greatauror28** · February 6th, 2014 06:02 AM

Originally Posted by dr. d

i feel so "uncomfortable" when someone asks a question, and i give my 90 centavos' worth, only to find out that he already had the answer..
sali na lang kaya ako sa quiz show.. at least doon, may prize.. heh heh.

in response to your updated query, i say, "good luck to you and your claim, then".

No, we don't know the answer yet that's why i'm asking for other people's experience, opinions.
The insurance have yet to deny/accept the claim as of the moment so we don't know for sure.
Thank you for voicing out your 'two cents', i appreciate it.

Originally Posted by brainmafia_310

Sir correct me if i am wrong, gusto mo makaclaim ng insurance without settling or paying your arrears in full?

Or you feel that the insurer is obligated to pay for your claim, despite the fact that you have arrears?

Posted via Tsikot Mobile App

I want the insurance company to help us with the claim after I settle the arrears, which is more or less P11,xxx only.
AFAIK, there should be some sort of proper documentation, be in it email or black and white document that says otherwise.
If not, then we stand by our policy saying we are covered from May 2013 up to 2014.

P.S. The insurance company sends out a snail mail reminding us of arrears when due dates come and whenever we are late for payments.

**brainmafia_310** · February 6th, 2014 06:19 AM

Originally Posted by greatauror28

No, we don't know the answer yet that's why i'm asking for other people's experience, opinions.
The insurance have yet to deny/accept the claim as of the moment so we don't know for sure.
Thank you for voicing out your 'two cents', i appreciate it.

I want the insurance company to help us with the claim after I settle the arrears, which is more or less P11,xxx only.
AFAIK, there should be some sort of proper documentation, be in it email or black and white document that says otherwise.
If not, then we stand by our policy saying we are covered from May 2013 up to 2014.

P.S. The insurance company sends out a snail mail reminding us of arrears when due dates come and whenever we are late for payments.

thanks for the clarification.

**rna800** · February 6th, 2014 08:26 AM

Question: Even though we have arrears in our insurance policy (Federal Phoenix a.k.a Accord Insurance), can we still make a claim? Ang policy namen ay from May 2013-2014 and the insurance agreed on an installment basis. 6 payments of P3,7xx within the year is needed to keep our policy. Currently, we are only 3 payments delayed from paying the full amount. Is it possible that the insurance company will deny our claim?

Based from my experience, sir, noong medyo na delay ung pag renew namin ng insurance kasi nawala sa isip, biglang nabangga ng bus. So I called our agent. She advised me since we renew yearly, it will not have any problem but to make that particular claim, we should pay first and renew kasi nga overdue and expired na. We did that and we were able to make a claim.

I am not sure though how it works if it's installment coz we always pay in full.

**Lew_Alcindor** · February 6th, 2014 09:47 AM

Good luck bro!

Honestly, is funny you can skip on insurance payments then suddenly you need it and you still hope you're covered.

Regarding your statement "If not, then we stand by our policy saying we are covered from May 2013 up to 2014."

You also wrote this "There's a promisory note which is attached to the policy stating that "some claim MAY NOT be accepted if payments were not made".

It means you are at their mercy.

**dr. d** · February 6th, 2014 11:10 AM

i think you're unsure on your insurance because on paper, you feel you may not have a good foot to stand on.
but you are hopeful that the toyota marikina person might still be right...
well, i agree with lew alcindor here.
the only way to find out is to go ask the insurance guys. but remember that just because they bent backwards for someone else, does not mean they will do the same for you. they can do things to the letter of the law, or they can treat you as a friend. there is no formula here.
good luck.