Accident Agreement

[Specter]

Hello guys. I have a stroy to tell.

Last week, I was involved in a vehicular accident in an intersection without a stoplight in Bulacan. I was going straight through the intersection when this car suddenly popped in view(it was 11pm and the road has an island partially covering the road from the other street), and I have no time to react so I hit the front passenger side of the car.

The car has 1 passenger aside from the driver. We brought the passenger to the nearest hospital for checkup. He was released from the hospital after abought 5 hours, suffering only "bugbog" on his right arm and the driver suffering nothing.

Since the car has no comprehensive insurance, I said that my insurance would cover their medical and repair bills on their vehicle.

Now, the plot thickens.

Yesterday, the driver and the passenger called me, asking me to pay them "moral damages" for the risk on their life, and for the days that they were unable to go to work because of their medical checkups, and for the time they were unable to use their car. They also told me that If I will not pay them, they will send me an attorney's letter.

Question lang guys, can they really demand such things?

Another question, ako ba talaga ang merong kasalanan sa incident? I have the right of way, since I was in the highway, and they were coming from a small road. Though I was the one who hit them, kahit anung gawin ko ba ako ang may kasalanan?

I just needed some opinion from other people if I'll just have to pay them what they ask or refuse to pay them and bring the case to court if ever.

Thanks guys.

[OTEP]

Question lang guys, can they really demand such things?

When you take into account all the legal mumbo-jumbo - Yes.

Pero minsan nadadaan naman iyan sa matinong pakiusapan. Hindi naman lahat ng tao ay a-hole. When our car crashed after some hotshot rice racer thought he could take it on, hindi naman namin siya siningil ng kung ano pang 'moral' damages at kung ano ano pang on the side. Basta naipagawa niya yung sasakyan (at a relatively inexpensive Php50k). Hindi na nga namin siya siningil para dun sa nabutas niyang gulong.

Minsan marami talagang medyo uhaw sa pera. hehehe.

Dapat may police report at complete documentation ang crash niyo. Kasi idedetermine pa ng imbestigador kung sino ang at fault.

Sa amin sa San Ildefonso, the vehicles on the national highway always have the right of way. Vehicles can only merge once clear.

[nugundam93]

given na you were on the main highway and sila sa smaller road, you get the right of way. i hope you had a police report for this so that they cannot sue you, since technically, sila may kasalanan.

now as for "moral damages", that's bullcrap. heck, that's just a fender bender and not stalking or crap like that. but then again, i am posting with a hot head right now (hahahahaha long story).

[Specter]

Thanks for the comments guys.

Kahit ako ang bumangga, sila pa rin ba ang may kasalanan?

Actually meron na kaming initial na agreement na magbibigay ako kanila ng small amount, parang pa-konswelo nalang since merong nasaktan. And I thought okay na kami dun. Yesterday lang sila tumawag na humihingi sila ng mas malaking amount.

Another question, diba meron namang emergency leave ang mga employees(call center agents sila)? Bakit nila ako sisingilin sa days na hindi sila nakapasok?

Thanks for the help again guys.

[j_avonni]

How much are they asking?

They have the right to claim against the offending party the lost time and income due to an accident. If you are kind enough, you could haggle or bargain.

Since they have legally threatened you already, let them make good of the threat. I doubt if they would pursue it.

[theveed]

Wow, laking US siguro yung nabangga mo...

You guys should've had a written agreement that frees you from the liability after the first hospital visit....

Right now, you're best bet is to consult a lawyer as well.

[ghosthunter]

If they will not back down, you can also file a legal counter-complaint of psychological trauma due to their gross negligence in following traffic rules (right of way) in crossing a major intersection.

[1D4LV]

imho...make them push through with their threat. pag naunahan ka ng ganyan talo ka eh. laki din ng abala sa kanila nyan in case they push through with it, tapos ma-re-realize nila na baka sila may kasalanan dahil nasa right of way ka.

if they push through with it, go with GH's advice. just make sure the accident is properly documented (with police reports, medical reports, etc.)

[chain]

grabe naman yan. give them a hand, they ask for the entire arm..

anyway, like what the other posts said, where's the police report? and secure a copy of the medical certificate stating what you said in your post (yung bugbog and the other guy / driver with no damage..)

then when they threaten legal action again, i-call mo.

remember, ikaw pa right of way.

[Specter]

Thanks for the comments guys.

We do have the police report, and yung medical report, di pa nakukuha ng insurance and wala pa rin akong copy nun.

What I said to them is that aside from the expenses covered by the insurance, wala na akong mabibigay sa kanila. Since yun ang purpose ng insurance diba? Para wala na akong intindihin sa mga incidents like this. Am I right on this one?

Yung initial agreement namin, para wala na silang masabi ay magbibigay ako 2,500 pesos, since yun lang ang kaya kong ibigay, and nag-agree sila dun, and documented by text messages saved on my phone. Ngayon, 25,000 pesos na ang hinihingi nila.

Question lang guys, magkano ba ang mag-file ng case? Baka dun palang lugi na sila hehehehe. Tsaka anung kaso ang pwede nilang isampa sakin?

Thanks for the help guys.

[XTO]

Napakahalaga ng police report. kung internal agreement lang ang
nangyari at matino naman ang nabangga mo maaring masulsulan yan
at humingi ng kung ano-ano. better to be ready rin umabot man sa
korte pag ituloy nila ang threat. for the mean time subukan mo ring
kausapin sila.

[progen]

I suggest mag counter demand ka rin - di ba dahil sa katangahan nila kaya sila na bangga mo? so tell them - naabala ka rin etc...

[hotwheels]

Thanks for the comments guys.

We do have the police report, and yung medical report, di pa nakukuha ng insurance and wala pa rin akong copy nun.

What I said to them is that aside from the expenses covered by the insurance, wala na akong mabibigay sa kanila. Since yun ang purpose ng insurance diba? Para wala na akong intindihin sa mga incidents like this. Am I right on this one?

Yung initial agreement namin, para wala na silang masabi ay magbibigay ako 2,500 pesos, since yun lang ang kaya kong ibigay, and nag-agree sila dun, and documented by text messages saved on my phone. Ngayon, 25,000 pesos na ang hinihingi nila.

Question lang guys, magkano ba ang mag-file ng case? Baka dun palang lugi na sila hehehehe. Tsaka anung kaso ang pwede nilang isampa sakin?

Thanks for the help guys.

I believe you have not requested them to signed a waiver report.

I would suggest that you let your insurance handle the case. And tell them to discuss the issue with your insurance.

Filing a case?? Attorneys acceptance fee is about 15-20 K, plus about 3-5 k for every appearance in court. Doon pa lang lugi na sila if they are only asking for 25K.

They just want to take advantage of your generosity.

[Airwalk]

they are taking you for a fool to extort money from you. let them push with their threat. tell them you will just see them in court.

[Walter]

Let the insurance take care of it.

[Galactus]

Thanks for the comments guys.

We do have the police report, and yung medical report, di pa nakukuha ng insurance and wala pa rin akong copy nun.

What I said to them is that aside from the expenses covered by the insurance, wala na akong mabibigay sa kanila. Since yun ang purpose ng insurance diba? Para wala na akong intindihin sa mga incidents like this. Am I right on this one?

Yung initial agreement namin, para wala na silang masabi ay magbibigay ako 2,500 pesos, since yun lang ang kaya kong ibigay, and nag-agree sila dun, and documented by text messages saved on my phone. Ngayon, 25,000 pesos na ang hinihingi nila.

Question lang guys, magkano ba ang mag-file ng case? Baka dun palang lugi na sila hehehehe. Tsaka anung kaso ang pwede nilang isampa sakin?

Thanks for the help guys.

Based on the details of your post, the most likely case they will file is Reckless Imprudence resulting to damages, a criminal case.

Any lawyer worth his salt will naturally include a claim for damages (moral, exemplary, etc.), which should cover lost compensation income, among others. The bad news is that if you lose, the judge will most likely compel you to pay the costs of suit, and even the engagement, appearance and docket fees borne by the other party, if it is included in their complaint.


The good news is that litigation takes a very, very, very, long time. We have a case filed in 2001 (QC MTC), which is still being heard until now. Total waste of time and money. The fees we paid to our counsel on retainer is actually higher than what we're trying to recover. But we persist, because management feels that some a$$holes really need to be taught a lesson.

Since this is such a trivial case, you might be referred to mediation, which also takes ages. Everybody I know who were in similar situations eventually settled out of court. The most practical approach, IMHO.

Call their bluff, I'm 100% positive they'll chicken out. (But I'm basing my post on the assumption that hindi naman sila agrabyado sa settlement nyo ha?)

[Kikkomann]

EXTORTION.

Ito agad unang pumasok sa isip ko.

[russpogi]

EXTORTION.

Ito agad unang pumasok sa isip ko.

Same here. So they say thew will sue? Tell them,"by all means, do so!". It's their right though. BUT, it's also their fault that they don't have comprehensive insurance on thier vehicle. Let your insurance take care of everything. There was no loss of life so less worries.

If they sue, counter-sue. Simple lang yun pre. By the way, before doing anything, consult a lawyer that you trust.

HTH

[GmZ]

I doubt they will sue you just for 25k. If so, file a counter case.

[leolop]

i recommend that you stand your ground and not give any money.

even assuming you were found at fault by the court, moral damages are only granted if the offender acted with bad faith. based on your post, you did everything that your could to offer assistance. you did not leave the scene of the accident, you helped them at the hospital and made arrangements for repairs through your insurance company.

their claim of lost days at work are still considered actual damages. on that part, i'm not sure if insurance covers that. but if not, i'd say this is what they'd be entitled to.

Based on the details of your post, the most likely case they will file is Reckless Imprudence resulting to damages, a criminal case.

Filing a case?? Attorneys acceptance fee is about 15-20 K, plus about 3-5 k for every appearance in court. Doon pa lang lugi na sila if they are only asking for 25K.

not necessarily. if they file a criminal case as galactus said, the prosecutor can be their lawyer and there are no filing fees. nevertheless, they would have to show that your negligence, if at all, was reckless; a wanton disregard for safety of others. since you had right of way, i'd doubt if you'd be found guilty.

and if you file a counter claim that it was their fault, and the judge agrees with you, then they will be liable for the damages and any injuries you had. the good thing is you have insurance, any judgment against you will be borne by them, and it would be in their interest to provide you with legal assistance.

at this point, i'd recommend that if they continue with their posturing, cut communication and just refer them to the insurance company. good luck!