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  1. Join Date
    Sep 2004
    Posts
    4,631
    #31
    When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, except as otherwise hereinafter provided.
    Pretty self-explanatory. The vehicle coming from your left side should yield to your right of way, with the following exceptions:

    (a) The driver of a vehicle entering a highway from a private road or drive shall yield the right of way to all vehicles approaching on such highway.

    (b) The driver of a vehicle upon a highway shall yield the right of way to police or fire department vehicles and ambulances when such vehicles are operated on official business and the drivers thereof sound audible signal of their approach.

    (c) The driver of a vehicle entering a "through highway" or a "stop intersection" shall yield the right of way to all vehicles approaching to either direction on such "through highway": Provided, That nothing in this subsection shall be construed as relieving the driver of any vehicle being operated on a "through highway" from the duty of driving with due regard for the safety of vehicles entering such "through highway" nor as protecting the said driver from the consequence of an arbitrary exercise off such right of way.


    The driver of any vehicle traveling at an unlawful speed shall forfeit any right of way which he might otherwise have hereunder.
    When approaching an intersection, the law sets the speed limit at 20kph. Even if you had the right of way, pero medyo harurot naman ang takbo mo (more than 20kph) which eventually causes a collision, then your right of way no longer applies; you will be at fault.
    Last edited by Bogeyman; November 23rd, 2006 at 11:25 PM.

  2. Join Date
    May 2005
    Posts
    8,078
    #32
    Quote Originally Posted by jimaroquai View Post
    Am glad that there are a lot of tsikot members here who are well versed with the law. I'll just add some tips para sa lahat. You may find this tedious pero I assure you that all events and circumstances will favor you in the end.

    TIP NO. 1: I have inside my car a pro forma fill in the blanks affidavit which is very much similar to that being executed sa police station. Pag naaksidente, kinakausap ko kaagad ang kabilang partido kung may insurance siya at kung pwede pakita nya ang driver's license nya. Pakita nyo rin ang sa inyo. Assure him/her na insurance na ang bahala then comes out the pro-forma affidavit.

    Contents: A. Your name and personal circumstances;
    B. Description of vehicle you are driving + plate number;
    C. Name and personal circumstances of other driver;
    D. Description of vehicle you are driving + plate number.
    E. Narration on how the accident took place describing fully well on where the vehicles came from before the impact. (TIP: pag kayo nabangga descibe it in tagalog like "bigla na lang akong binangga mula sa ..." kung kayo ang nakabangga "di ko namalayan na bigla siyang lumusot at nagkabanggaan na kami"
    F. Indicate if the driver's license of the other party is still valid. Kung ang sa yo paso na, be silent about it. ehehehe.
    F. Look for a witness, (abutan nyo ng P50 to P100 pesos at kausapin na samahan kayo habang di naayos ito)

    When the traffic investigator arrives, hand to him the affidavit para wala nang usapan at baligtaran.

    By the way, if you have a camera phone, use it to get pics from all angles.

    TIP NO. 2: Use tip number 1 if the other party is not willing to enter into a compromise. Compromise should only contain (a) approximate amount of damage; (b) outright payment of such amount; (c) hospitalization of the injured parties (wala sa usapan kung sino magbabayad ng bill).

    TIP NO. 3. Only use tip number 2 kung willing to enter into compromise ang party. Kung ayaw, use tip number 1 and keep your mouth shut and never give your phone numbers to the other party kung ikaw ang nakabangga.

    Basically, the TIPS shorten the time being wasted sa pagtatalo sa kalsada and it prevents traffic from building up. These are practical tips which will shorten the proceedings sa presinto.

    BALIK TAYO SA PROBLEM MO:

    Yup, the previous posters are right in saying that they could sue you for reckless imprudence. Lawyer? They could file the case for free and let the prosecutor (formerly known as fiscal) to handle the case (for free too). In sum, they could legally pressure you to give in to their demands without spending more than their cab fare or jeepney fare.

    It doesn't really matter if they could indeed sue you or not because anyone could file a baseless suit anyway. What is more important is for you to determine if the law favors you. If it does, don't worry about the case and let your lawyer do his job. By the way, meron mga PAO lawyers dyan na for free din kung medyo short ka.

    IF YOU ARE THE GUILTY PARTY:

    Whenever you are engaged in an accident, invoke your insurance if you have one. If you don't have any insurance, amicably settle the same. If settlement is not possible, let the court decide.

    IF YOU ARE THE AGGRIEVED PARTY:

    Ask for the other party's driver's license and take note of its expiration, inquire about his insurance coverage, ask if he is willing to settle (if unwilling, use TIP No. 1 or 3), assess the damage, be aware of your authorized repair limit as per your insurance, ask the other party if he is willing to shoulder your participation in the event that he doesn't have any insurance.

    Your other concerns concerning compensation, moral damage, loss of income opportunity are issues which could not be determined by the parties alone. The evidences presented and on how the court will appreciate them will determine those claims.
    ayos to mga tips ni sir Jim .sana pwede makahingi ng copy ng form ninyo

    mukhang malapit lang po kaya ,parang sa QC cityhall lang kayo

  3. Join Date
    Jan 2003
    Posts
    2,979
    #33
    hmm... mahirap yan bro! san ba intersection sa bulacan? ang lalabas kasi ikaw ang bumangga sa passenger's side nung nabangga mo at medyo malakas ang impact dahil kailangan pa dalhin sa ospital yun nabangga so most probably speeding ka nun nung tumatawid sila... mukhang ikaw yun humabol since kung sa left mo sila at sila yun tumatawid sa intersection, malamang nakapasok na sila sa intersection bago ka mag-approach, and halos nakatawid na sila nung mabangga mo...

  4. Join Date
    Oct 2002
    Posts
    22,658
    #34
    Kung nasa national highway siya tumatakbo nung tumawid yung nabangga niya, even if the threadstarter is running at the legal speed limit, he will still demolish the other vehicle.

    Kaya nga right of way ang nasa main road.

    Assuming nasa national highway nga sya, hindi na valid yung 'humabol' since talagang right of way ng nasa highway. Baka yung kabila pa ang 'humabol'. Mabilis lang ang pasok kaya broadside ang tama.

    So saan nga ba ang location ng banggaan? Samin kasi halos puro national highway. Mga maliliit na farming roads na lang yung ibang daan.

    http://docotep.multiply.com/
    Need an Ambulance? We sell Zic Brand Oils and Lubricants. Please PM me.

  5. Join Date
    Jan 2006
    Posts
    36
    #35
    Quote Originally Posted by jimaroquai View Post
    IF YOU ARE THE AGGRIEVED PARTY:

    Ask for the other party's driver's license and take note of its expiration, inquire about his insurance coverage, ask if he is willing to settle (if unwilling, use TIP No. 1 or 3), assess the damage, be aware of your authorized repair limit as per your insurance, ask the other party if he is willing to shoulder your participation in the event that he doesn't have any insurance.
    What is the implication of the authorized repair limit? Is this the maximum amount that the insurance company will shoulder for any repairs done on your vehicle?

  6. Join Date
    Jun 2005
    Posts
    207
    #36
    Quote Originally Posted by hjcals View Post
    What is the implication of the authorized repair limit? Is this the maximum amount that the insurance company will shoulder for any repairs done on your vehicle?
    This refers to the amount within which the insured may initiate repairs to the vehicle without first obtaining the insurance company’s authorization.

    The authorized repair limit is usually equivalent to the amount of your participation. In some cases, it is less than the amount of your participation.

    During compromise settlements, you should be aware how much your participation should be. For example, your premium is P25,000 with a participation of P4,500.00. This spells that before you could invoke your policy, the damage should at least cost you P4,500 or more. Now what if the damage is less than your participation? You can ask the other party to pay you the amount of your participation or at least the authorized repair limit. The authorized repair limit is used to give some room for compromise. Let's just say that the authorized repair limit of the above-mentioned amount is P3,000 and you personally assessed that the damaged done is less than the authorized repair limit, bargain for P3,000 instead. This situation is only true if the damage done does not require body works because I usually assess paint scratches (for repaint) at P2,500 per panel.

  7. Join Date
    Jun 2005
    Posts
    207
    #37
    Quote Originally Posted by BoEinG_747 View Post
    ayos to mga tips ni sir Jim .sana pwede makahingi ng copy ng form ninyo

    mukhang malapit lang po kaya ,parang sa QC cityhall lang kayo
    Affidavit ang form nun. Madali lang yun...just follow the items na sinulat ko.

  8. Join Date
    May 2005
    Posts
    8,078
    #38
    thanks sir jim

  9. Join Date
    Oct 2002
    Posts
    1,842
    #39
    sa kawalan ng police report tingin ko disadvantage sa kanila sa pagpupursue nila ng demanda

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Accident Agreement