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Tsikot Member Rank 3
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January 22nd, 2007 06:53 PM #11the 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.
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Tsikot Member Rank 2
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January 22nd, 2007 10:28 PM #13
Kung sa ating mga typical na pinoy parang nakakaasar yung kano kasi masyado maarte kasi madami hinihingi....Actually yung crooswind ko kakapasok sa casa kanina lang, nabangga ng trike driver 2 weeks ago(siempre inayos pa yung claim), 1 week gagawin..Kung iisipin sobrang abala yung 1 week na maiiba yung sked mo. To think pa na hindi ikaw yung may kasalanan. Tapos yung nakabangga kamot ulo lang..
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Tsikot Member Rank 2
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January 23rd, 2007 08:29 AM #15Obviously, we're as clueless as you. I doubt you can use any advise posted so far to help your cause. Faced with a possible lawsuit, it's best to consult a lawyer (someone who specializes in Consumer Law) who'll give better advise.
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Verified Tsikot Member
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January 23rd, 2007 12:59 PM #16Maybe you are referring to a lawyer with experience handling cases of tort, or those actions involving quasi-delicts (crime resulting from imprudence/negligence) or from quasi-contracts (claim for damages arising from obligations to pay without a contract), but not a lawyer specializing in laws against violations of consumer concerns like misrepresentation or deceit in selling consumer products. Just maybe.
I don't understand it but the problem there is for the insurance of both vehicles to handle or resolve as all vehicles are required to acquire insurance protection in cases like this. At least I could presume both vehicles are equipped with TPL insurance so that damages maybe answered by their own insurance policies. There is no need for each party to shell out anything to answer for the repair or damage of each other's vehicle. All one has to do is bring the damaged vehicle to the accredited shop and the insurer of the damaged vehicles takes care of its repairs and charges or files a claim against the insurer of the other vehicle who was the insurer of the party at fault. If it is provided in the insurance policy, the shop may provide an alternate vehicle. If there is none, there is nothing to give or can be expected.
Driving without a license is a separate offense under the Motor Vehicle Law and can be prosecuted through sactions under such law. But I am sure everyone is interested in getting back in shape, aren't they? What do you think?
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January 23rd, 2007 01:09 PM #17
IMO, just give his demand, fair naman yun demand niya dahil naka wheelchair siya, and beside kasalang naman ng guard eh, kahit hinde niya kasalan since wala siyang license, fault pa rin niya...
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January 23rd, 2007 01:17 PM #18
TPL only covers bodily injuries or death and not property damage.
may tanong ako: kelangan din ba ng driver's license if you are driving inside a private property like inside a subdivision or inside an industrial compound?
and i also would like to know kung meron nga talagang law dito sa pinas to provide for a service unit for the aggrieved party.
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January 23rd, 2007 01:26 PM #19may tanong ako: kelangan din ba ng driver's license if you are driving inside a private property like inside a subdivision or inside an industrial compound?
Regarding sa service vehicle, mas ok na sigurong yung association na lang ang kumuha. Kasi baka kapag si Mr. Kano ang kumuha, eh yung S-Class pa ng Manila Pen ang upahan at i-charge sa inyo. Madami namang jeepney for rent sa paligid. Or at least something cheap with a/c.
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Verified Tsikot Member
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January 23rd, 2007 02:23 PM #20Brod Boybits, Otep, I think, "operating a motorized vehicle in a public highway" does not only admit of running a motorized vehicle within a national, provincial, municipal, or barrio road. Even roads within a private subidvision is construed as a "public highway", within the meaning of our laws, for as long as it is used by the general public, even if used only by a small segment of the general public. Perhaps, the only difference is that there are no police enforcers inside a private subdivision to apprehend violators. Or if accident happens, it is usually attended by security guards of the subdivision who renders report and submits the same to the police who may file the necessary initiatory papers in court.
I have not encountered any law here in R.P. requiring insurance companies to provide service vehicle to the insured in case his vehicle becomes involved in an accident, though parties are not so prohibited from agreeing to include such a rider, for additional premium, in the policy. In practice though it may be considered as a luxury considering that no insurer has a ready fleet to provide many of its insured clients, more so if clients are choosy on the type, model, etc., of the vehicles. Besides our laws are not meant to enrich or provide convenience but only to give "reasonable" compensation since accident without fault do happen. The term "reasonable" is not for us to decide but is usually after long and tedious deliberations in court. Just my opinion. Sensya na humaba yata!
Buhay na buhay ang BGC this evening. Bukas halos lahat ng restaurants. Sabi pa nung isang cashier...
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