Accident Agreement

[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!