service vehicle demand by other party due to accident

[altec]

our subdivision's motorcycle service had an accident with one of the homeowner's 2006 crdi starex. As the accident happened at an intersection inside the subdivision, pwede sana quits. But the security guard who was doing roving duties, didn't have a driver's license. And you couldn't get a police report because it happened in a private road. However, some eyewitness claim the guard didn't look where he was going, plus the car was on the main road while the motorcycle was coming from one of the side streets.

So the association offered to shoulder the participation, by asking the homeowner to claim under OD. It came out to over 11K. The owner, an american married to a filipina, insisted that the association should also provide a service vehicle while his car is in the shop for an estimated 2 weeks. The owner doesn't have a 2nd car to use. He even insisted on another crdi starex. But that's also because he needs to use a wheelchair to move around. No, he is just weak, but he can still stand and walk.

He insists that according to his lawyer, there is under philippine law that the other party must provide a replacement vehicle. If we don't agree, he threatens to sue for the full amount, plus moral, etc etc, damages for the inconvenience.

I checked with our insurance agent handling insurance of our company vehicles. He said it has never happened that the other party was granted a service vehicle as required by law. They have heard of people being provided a temporary vehicle, but more for PR purposes rather than a requirement.

Is there such a law? Are we required to provide a service vehicle if we are the guilty party, the one who caused the accident? A friend of mine who came back from the US says that over there, there is a clause in the insurance for a service vehicle, that the insurance can be the one to provide it.

[orly_andico]

"walang ganyan sa states!"

well in the US there is zero participation and the insurance company provides a service vehicle.

over here.. well acts of God aren't even covered by comprehensive insurance.

except Ford. they cover acts of God and at their discretion can provide a service vehicle as well. this doesn't help you though.

renting a starex for 2 week for this guy will cost a lot of money, but it would also cost a lot of money to sue you. :P

arguably (he's a cripple! and he lost use of his vehicle through no fault of his!) he deserves a service vehicle. put yourself in his shoes. but then the problem is bearing the cost of providing that service vehicle.

pwede ring pakapalan ng mukha and see if he actually sues.

[niky]

If it's the fault of the guard, take it out of his paycheck?

I haven't heard of anyone covering the cost of the service vehicle for the aggrieved party here... yeah, this isn't the States!... but medyo mahirap nga para sa owner yun...

[altec]

ang problema lang sa kano, sobrand demanding. not only for this particular incident but more of that's his character. Kaya ang dami na siyang kaaway sa subdivision. He is in a wheelchair not because he is a cripple but he is soo huge, plus asthma, he has a hard time to move around.

Curious nga ako if he does sue, and if he does win, I can use this as basis the next time someone bumps my car.

[CVT]

Well, sabi nga ni orly_andico, may ganyan sa US....

Keep us updated kung ano'ng mangyari. This is interesting....

:beam:

[mikmik316]

e problema nga jan e na-perhuwisyo yung tao so pati yun kailangan nyo isipin... i guess everyone should settle the problem para di na lumaki ang problema...

[reaganyun]

ang problema lang sa kano, sobrand demanding. not only for this particular incident but more of that's his character. Kaya ang dami na siyang kaaway sa subdivision. He is in a wheelchair not because he is a cripple but he is soo huge, plus asthma, he has a hard time to move around.

Curious nga ako if he does sue, and if he does win, I can use this as basis the next time someone bumps my car.

GANON BA SOBRA YABANG NG KANO, HOPE OTHER ALIEN WILL NOT BE LIKE HIM KALA NILA ESTATES PA ITO AT FIRST CLASS CITIZEN CLA, LOOK AT THE VFA GI AND OTHER UNDOCUMENTED CRIMINAL ACTS COMMITTED BY THIS GI

[Gen1]

ang problema lang sa kano, sobrand demanding. not only for this particular incident but more of that's his character. Kaya ang dami na siyang kaaway sa subdivision. He is in a wheelchair not because he is a cripple but he is soo huge, plus asthma, he has a hard time to move around.

Curious nga ako if he does sue, and if he does win, I can use this as basis the next time someone bumps my car.

unahan lang sa sindak yan. huwag ka pa-sindak, bluff lang yan. If he really has only one vehicle, he needs to have that van repaired quickly. It is to your advantage to let the case drag.

Since he's married to a pinay, he's probably a bigot and thinks pinoys still swing from tree to tree and pinays are ***ual playthings cum maids.

from I were you I'd let him sue. For small property damage suit like that the matagal yan bago ma-schedule ang hearing. baka patay na yung ogag bago magsimula ang mga hearing.

(Sa tate ang pangit na ng trato ng mga ogag na yan sa atin, pati ba naman sa pinas papayagan natin silang maghari-harian . . . )

[reaganyun]

Agree with Gen1. d dapat payagan maGHARIAHARIAN ANG MGA YAN, MASYADO NIYA NILALAIT ANG MGA PINOY, ALAM MO MAY KASABIHIN ANG PIKON GUILTY

[reaganyun]

If it's the fault of the guard, take it out of his paycheck?

I haven't heard of anyone covering the cost of the service vehicle for the aggrieved party here... yeah, this isn't the States!... but medyo mahirap nga para sa owner yun...

Every one is presumed innocent until proven otherwise. it is against justice and fair play to immediatley blame the guard as the proximate cause of the accident. In the first place you are not an eyewitness to the incident. Your accusation is causing great damages to the person of the security guard, let give him the opportunity to present his side. Please do understand that this security guard is just earning a very minimal wage, if you will take out from him his hard earned money what will happen to his family. Good for you, you are eating four times a day using a golden spoon. How about this security guard, a bangus or tilapia in their family dinner is already a fiesta.

This is the problem with us Filipino, lets be fair with our race and be not biased and immediately side with alien, unless your an alien from pluto. Are you?

[niky]

Every one is presumed innocent until proven otherwise. it is against justice and fair play to immediatley blame the guard as the proximate cause of the accident. In the first place you are not an eyewitness to the incident. Your accusation is causing great damages to the person of the security guard, let give him the opportunity to present his side. Please do understand that this security guard is just earning a very minimal wage, if you will take out from him his hard earned money what will happen to his family. Good for you, you are eating four times a day using a golden spoon. How about this security guard, a bangus or tilapia in their family dinner is already a fiesta.

This is the problem with us Filipino, lets be fair with our race and be not biased and immediately side with alien, unless your an alien from pluto. Are you?

According to altec, the guard was driving without a license, and some witnesses say he wasn't looking where he was going. Or, have you actually read any of the other posts?

Let me just re-post it for you, then:

our subdivision's motorcycle service had an accident with one of the homeowner's 2006 crdi starex. As the accident happened at an intersection inside the subdivision, pwede sana quits. But the security guard who was doing roving duties, didn't have a driver's license. And you couldn't get a police report because it happened in a private road. However, some eyewitness claim the guard didn't look where he was going, plus the car was on the main road while the motorcycle was coming from one of the side streets.

And I didn't accuse the guard of anything, I said:

If it's the fault of the guard, take it out of his paycheck?

I haven't heard of anyone covering the cost of the service vehicle for the aggrieved party here... yeah, this isn't the States!... but medyo mahirap nga para sa owner yun...

And I stress: "If" it's his fault. I did not say it was his fault.

And yes, I'm an alien. A card-carrying US Citizen, born and raised in New York. While I know a lot of really rude Americans, I don't consider myself one of them. Being half-Pinoy, I'd like to think I'm at least half-polite.

Besides, there are a lot of really rude Filipinos, too. ([size=1]sino kaya yun?[/size]) :hysterical:

[OTEP]

Pampagulong question lang ulit. Sino ba ang gumagawa ng road rules diyan sa village nila na supposedly private ang roads?

Dito kasi sa amin pwede gumamit ng ATV at pocket bikes kahit sa main road ng village. Both of which are motorized vehicles which are not considered street legal by the LTO, hence no registration, no insurance, no operator's license required.

Baka may sarili ding idiosyncrasies ang lugar na iyan.

[redorange]

"walang ganyan sa states!"

well in the US there is zero participation and the insurance company provides a service vehicle.

It's not called "participation" in the US but "deductible" and inorder to get zero deductible your premium payments would be extremely high. As far as service vehicle, yes they are required to provide a rental car if your vehicle will be in the shop.

I think it's only fair that a service vehicle be provided for the guy regardless of his citizenship since the accident was not his fault and his medical condition may be worst than you think. Next issue is your guards were operating a vehicle without a license so in a law suit that would also be taken into consideration. Provide a service vehicle just maybe not the one he wants since even in the US you can't request what kind of rental they give you.

[seonadancing]

I think the guard not having a license made things complicated kasi kung ako yun kano, if the other party has a license then the accident was legitimate because two worthy drivers made a mistake. Pero kung walang licensya yun guard eh ibang usapan na yun, he shouldn't be driving at all and the accident wouldnt have happened if he stayed in his post. So for my inconvenience, i would be demanding too.

[KoKoNAT]

The aggrieved party's (yun Kano) character does not matter in this situation. Whether he is saint or an asshole, does not have any bearing as he is still the victim of an accident. He has the right to demand all that he is accorded under the law.

[Automahn]

Next issue is your guards were operating a vehicle without a license

Tumpak. Talo agad kayo dito sir.

[altec]

the question here is not determining fault but more with the purported law that requires you to provide a service vehicle to the other party. Meron ba? So far, one has to settle for the property damage to the other party's vehicle, but have yet to hear of any that includes a service vehicle.

That's why the subdivision offered to shoulder the deductible participation share, as this will be charged to the guard. Kawawa kasi yung guard kung sasagutin niya yung buong repair, which was estimated by Hyundai casa at almost 50K. If merong law on the service vehicle, ok, sagot na rin yun ng gwardya/security agency. I want to know if there is such a law, para I can also inform our company about it, or if ever may magbangga sa personal car ko, claim rin ako ng service vehicle.

[cocoy]

motor bike and starex? hhmhmhmh really that much of a damage?

[Automahn]

the question here is not determining fault but more with the purported law that requires you to provide a service vehicle to the other party. Meron ba? So far, one has to settle for the property damage to the other party's vehicle, but have yet to hear of any that includes a service vehicle.

That's why the subdivision offered to shoulder the deductible participation share, as this will be charged to the guard. Kawawa kasi yung guard kung sasagutin niya yung buong repair, which was estimated by Hyundai casa at almost 50K. If merong law on the service vehicle, ok, sagot na rin yun ng gwardya/security agency. I want to know if there is such a law, para I can also inform our company about it, or if ever may magbangga sa personal car ko, claim rin ako ng service vehicle.

AFAIK there's no law requiring you to provide a service vehicle to the aggrieved party. What I was trying to say was that if the Kano seems bent on suing you, then maybe you can just appease him somewhat by providing him the vehicle, gawan niyo na lang ng paraan kung pano gagastusan 'yon. Mukhang tagilid kasi kayo pag nagkademandahan, but that's just my opinion, I'm no lawyer.