What's TPL?

**red_one** · May 5th, 2015 03:51 PM

*bam0522: If you are referring to the cTPL na prerequisite for registration of vehicle, then hindi mo ito pwede gamitin for damages to vehicle. For death or bodily injury of third party lang siya.

Some info from a car insurance company website:

What is a Third Part Liability (TPL)?
Third Party Liability is car insurance that covers against death and or bodily injury to any third party, in an accident caused by or arising out of the use of the insured vehicle. This coverage is subject to the schedule of indemnities and is a prerequisite in the registration of vehicles.

What are the benefits covered under TPL insurance?
It generally covers people during an accident. The company will pay all the affected third parties.
It covers the liability of the insured in respect of the bodily injury and/or death of any THIRD PARTY in an accident caused or arising out of the use of the insured vehicle.

How does TPL’s work?
If you are involved in an accident your TPL insurance will cover you against the liability. It is primarily intended to provide compensation for the death or bodily injury suffered by an innocent third party as a result of the operation and use of vehicle. It assures the victim and or his/her dependent/s of immediate financial assistance, regardless of the financial capacity of the vehicle owner.

During an accident, are the people inside the car covered by TPL?
No, only if an optional Coverage of Auto Personal Accident has been included in the agreed policy package.

What type of insurance shall pay for damages to my car?
If you want to cover your car from any damages, you may upgrade your premium into fully coverage. The company offers the Comprehensive Third Party Liability. This policy covers all the identified risk that you, as a car owner, could be subjected too.

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*bam0522: If you are referring to the cTPL na prerequisite for registration of vehicle, then hindi mo ito pwede gamitin for damages to vehicle. For death or bodily injury of third party lang siya.

Some info from a car insurance company website:

What is a Third Part Liability (TPL)?
Third Party Liability is car insurance that covers against death and or bodily injury to any third party, in an accident caused by or arising out of the use of the insured vehicle. This coverage is subject to the schedule of indemnities and is a prerequisite in the registration of vehicles.

What are the benefits covered under TPL insurance?
It generally covers people during an accident. The company will pay all the affected third parties.
It covers the liability of the insured in respect of the bodily injury and/or death of any THIRD PARTY in an accident caused or arising out of the use of the insured vehicle.

How does TPL’s work?
If you are involved in an accident your TPL insurance will cover you against the liability. It is primarily intended to provide compensation for the death or bodily injury suffered by an innocent third party as a result of the operation and use of vehicle. It assures the victim and or his/her dependent/s of immediate financial assistance, regardless of the financial capacity of the vehicle owner.

During an accident, are the people inside the car covered by TPL?
No, only if an optional Coverage of Auto Personal Accident has been included in the agreed policy package.

What type of insurance shall pay for damages to my car?
If you want to cover your car from any damages, you may upgrade your premium into fully coverage. The company offers the Comprehensive Third Party Liability. This policy covers all the identified risk that you, as a car owner, could be subjected too.

**maki mi** · May 5th, 2015 07:39 PM

Demand thru text? Nak nang... tama si shadow, law firm our ass

Yeah deadmahin nyo ang text, it will only incriminate you further, wait and see if they will send a formal demand letter, if they do, wait again if they will send another, and if they still do, wait again if they will send a final one hehehe...

But seriously, consult a lawyer friend na rin just in case

**dr. d** · May 5th, 2015 08:11 PM

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so why do they call themselves an insurance company?
it would seem, the more accurate term for them is collection agency.

and pardon my ignorance, but...
what contract does TS have with that insurance company?

the insurance company may have a contract with starex owner. but where is it written that injuring party must pay the insurance company?

**Insuranceexpert** · May 5th, 2015 11:22 PM

Insurance company has thing called "principle of subrogation" meaning assured must give the insurance company a chance to recover for what they have paid the assured in advance.
Basically both parties might not understand insurance. JJ all day's statement are correct.
The best solution *bam0522 is to get back on the starex owner and ask for help and transparency. Show them the demand letter or texts from the insurance company and ask nicely to have it waived since you've paid them already. best if you can show also the receiving copy of the cash.

**JJ All Day** · May 5th, 2015 11:54 PM

Originally Posted by Insuranceexpert

Insurance company has thing called "principle of subrogation" meaning assured must give the insurance company a chance to recover for what they have paid the assured in advance.
Basically both parties might not understand insurance. JJ all day's statement are correct.
The best solution *bam0522 is to get back on the starex owner and ask for help and transparency. Show them the demand letter or texts from the insurance company and ask nicely to have it waived since you've paid them already. best if you can show also the receiving copy of the cash.

At this point, you can no longer wrong the right. The insurance company is already informed of the actual incident. They will definitely take action to recover.
The best thing to do is to negotiate. Otherwise, you can run but you can't hide!

I don't know how to make this effective but the best arguement would be "YES, IT'S MY FAULT BUT THERE IS ALREADY A SETTLEMENT MADE. WHEN I PAID P21K, I WAS UNDER IMPRESSION THAT THE AMOUNT IS ENOUGH TO COVER ALL THE DAMAGES. THUS, I AM NOT WILLING TO PAY MORE." This may shift the pressure to the other party because, knowing that his/her car is insured, he/she should have let the insurance company handle the case. He/she should not have asked for that P21K, especially if you can prove that this amount is SIGNIFICANTLY HIGHER THAN THE ALLEGED PARTICIPATION FEE (which I think it is).

Langhiya, kumita pa yung naningil sa'yo pag nagkataon! Dahil for sure baka less than P5K lang binayaran nya sa insurance company as participation fee.

**Juan Martinez** · May 6th, 2015 02:00 AM

Originally Posted by bam0522

Good day sa inyong lahat. May question lang po ako totally walang alam sa car insurance policies (honestly i just registered to ask, sorry)
eto po yung sitwasyon.
Last december 2014 may naatrasan ang kapatid ko habang paalis sya sa talyer. May nakapark na bagong bagong starex sa likod nya, naatrasan nya at nadamage ang bumper. At dahil doon, nakipagsettle sya sa may ari ng starex kung saan pinagbayad sya ng 21k kapalit ng isang letter na yun daw ang participation fee nya. Akala namin ok na ang lahat. Months later may natanggap sya na sulat mula sa lawyer ng insurance ng starex na nabangga nya, at sinisingil sya ng amount na 118,900 pesos. Nung nagpunta sya sa lawfirm na naghahabol pinakita pa daw sa kanya nung lawyer ng insurance company ang lahat ng expenses na nagastos ng insurance at kopya ng nirelease nilang cheke para sa claim.
Gusto ko lang itanong kung ganito ba talaga ang proseso ng insurance? Kung may TPL ang kotse ng kapatid ko, maaari ba na magclaim kami para makabawas sa babayaran? Dapat ba na magbayad talaga? Pasensya na wala po ako alam dito at ang kapatid ko. Di lang namin alam kung ano ba ang tamang hakbang na gagawin. Definitely too much para sa amin ang amount na hinihingi nila.
Salamat po sa mga makakasagot.

-joan

Under Article 2207 of the Civil Code, if the plaintiff's property (starex in this case) has been insured, and he has received indemnity from the insurance company for the injury or loss arising out of the wrong complained of, the insurance company shall be subrogated to the rights of the insured against the wrongdoer.

Ito yung tinatawag ni *Insuranceexpert na “principle of subrogation.” In other words, subrogation is a right of the insurance company to go after the person who is at fault for reimbursement of the amount it paid to the insured vehicle.

Pero ang nangyari sa kaso po ninyo ay AFTER nagbayad yung kapatid mo ng Php21,000 as a settlement for the damage done on the Starex, the owner claimed with the insurance company on the “loss or damage clause” of his comprehensive policy, instead of “own damage” para participation fee na lang yung bayaran niya kay insurance company. That was why, nung pumunta yung kapatid mo sa opisina ng lawyer ng insurance company ipinakita nila sa kapatid mo yung list of expenses at yung“kopya ng nirelease nilang cheke para sa claim.”
HINDI PO PUEDE YAN kasi, no one should unjustly enrich himself at the expense of another. Sabi nga eh, a contract of insurance is a contract of indemnity. Sa tagalog, yung “indemnity” ay pagbabayad ng nasira o pagsasauli. Kung ganun man, wala na palang karapatan mag claim pa si owner sa insurance company kasi bayad na siya, binayaran na siya ng kapatid mo. Pero ang problema, nagbayad na pala si insurance company kay owner. Dahal kasi may karapatan din yung insurance company na maningil sa sayo (because of the principle of subrogation), mapipilitan ka talagang magbayad. PERO may karapatan ka ring mag file ng kasong sibil laban kay owner (for the payment of the amount you would pay to the insurance company, just in case). Puede ka rin magfile ng Other Deceit under Article 318 of the Revised Penal Code. Mas maganda itong criminal na kaso para magamit mo as leverage against the starex owner. may imprisonment yan (aresto mayor).

Yung “Other Deceit” under Article 318, sabi ng Korte Suprema in Guinhawa vs. People of the Philippines (G.R. No. 162822 August 25, 2005): includes any kind of conceivable deceit other than those enumerated in Articles 315 to 317 of the Revised Penal Code. It is intended as the catchall provision for that purpose with its broad scope and intendment. MAGULANG ITONG SI OWNER, DINAYA KA. KRIMINAL IYAN.
I hope this helps. Thank you.

**Juan Martinez** · May 6th, 2015 11:53 AM

^ as an addendum, i agree with *red_one, you can't use the TPL in your case. TPL applies only to personal or bodily injury. thank you.

**misterioman** · June 16th, 2015 10:40 AM