Accident Agreement

[Specter]

Wow, thanks for all the inputs guys. Keep it coming.

Ask lang guys: Diba meron namang emergency leave(call centers have it diba)? Bakit pa sila hihingi ng lost income compensation?

Ang malas ko naman at sila pa ang nakatapat ko.

[waterlily]

Republic Act No. 4136, as amended

Section 42. Right of way. — (a) 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. The driver of any vehicle traveling at an unlawful speed shall forfeit any right of way which he might otherwise have hereunder.
(b) The driver of a vehicle approaching but not having entered an intersection, shall yield the right of way to a vehicle within such intersection or turning therein to the left across the line of travel of such first-mentioned vehicle, provided the driver of the vehicle turning left has given a plainly visible signal of intention to turn as required in this Act.
(c) The driver of any vehicle upon a highway within a business or residential district shall yield the right of way to a pedestrian crossing such highway within a crosswalk, except at intersections where the movement of traffic is being regulated by a peace officer or by traffic signal. Every pedestrian crossing a highway within a business or residential district, at any point other than a crosswalk shall yield the right of way to vehicles upon the highway.
(d) The driver of a vehicle upon a highway shall bring to a full stop such vehicle before traversing any "through highway" or railroad crossing: Provided, That when it is apparent that no hazard exists, the vehicle may be slowed down to five miles per hour instead of bringing it to a full stop.

Section 43. Exception to the right of way rule. — (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.


Comment:

1. Take note of the underlined portions. Those may apply to your case.

2. Check the police report. If it is a spot/on-site report, evaluate if the facts stated in the report and the comments of the reporting police work in your favor. If it a report based on what the parties told the police at the police station, it proves nothing except for the fact that a vehicular incident was reported to the police to have occured on a certain time and date.

3. Read between the lines of the demand. If they are appear to be bent on suing you and you have good evidence (you believe so), you may "consider" suing them criminally first. That would put them in a defensive position. At least initially. "Some" prosecutors decide in favor of the party filing the complaint first but "more" prosecutors decide in favor of the injured party. Note the keyword: good evidence. Also consider the other party's injury: it can "unduly prejudice" the sense of judgment of the prosecutor against you.

4. Calculate your expenses (if you settle or you go to court). In our country, reckless imprudence cases (criminal cases) and suits based on wrongful acts (civil cases) do not carry heavy penalty. The cost of litigation is far more heavier the the benefit of going through trial.

5. Know you enemy. Under our current judicial system, connections and money make a lot of difference.

6. Consult a good lawyer. Initially, it will be expensive but it the long run, it will prove to be less expensive. The keyword here is good lawyer: one who would encourage you or help you have this case settled (because he ought to know that a protected litigation would be costly). Be wary of lawyers who encourage you to go to litigation (when there is litigation, there is work; if there is work, there is money). Litigation should only be a last resort unless it is deliverately resorted to as a tactical strategy.

7. Drive safely and defensively. Take note of what Section 43(c) says. Most importantly, always bear in mind that a lot of drivers have chicken heads. Kung kelan may dadaan sa kalsada, saka pa tatawid. Kung kelan may magoovertake, saka pa magaarangkada. Slowing down would delay your trip for 5 to 15 seconds. An involvement in a traffic incident would consume much of your time attending to a litigation that could last 3 to 5 years.

fish!

[russpogi]

Wow, thanks for all the inputs guys. Keep it coming.

Ask lang guys: Diba meron namang emergency leave(call centers have it diba)? Bakit pa sila hihingi ng lost income compensation?

Ang malas ko naman at sila pa ang nakatapat ko.

Meron pre. Emergency leave yan if the company provides one. If not, they may use thier vacation credits or sick leave as provided by law. I don't think you should even worry about this IMHO.

[slamtaz]

Let the insurance take care of it.

if you have comprehensive insurance, let the insurance company handle the claims!

as for the accident agreement you mentioned, insurance company na din magpapirma sa kanila ng "waiver & quitclaim" should your insurer find merit in their claim.

let the money you paid your insurer work for you..

if they are threatening to sue you, tama ung sinabi ng ibang tsikoteers, sue them 1st!

:duel:

[ARB]

you have comprehensive insurance coverage right? let them call your insurance company, sayang din bayad mo sa insurance.

[mbeige]

Since ikaw ang right of way, determine and find proof na ikaw yung biktima sa accident na ito. You had the right of way, so technically, they caused the accident, and should in fact, pay you.

Leolop has a good argument, file a counter claim that it was their fault. Sila na nga mali sila pa ang maniningil. Kapal ng mukha!

[jimaroquai]

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.

[Galactus]

Just a word on fiscals (now called prosecutors)...

I've been immersed in legal proceedings long enough to know that in most instances, the public prosecutor functions like a vestigial organ (i.e. appendix - of no apparent use!), at least in criminal proceedings.

Most, if not all, private complainants I know hire their own private prosecutors, who take a very, very active part in litigation (direct exam, cross, stipulation, submission of exhibits, etc.) Actually, its common to hear the private prosecutor begin with the spiel "My name is Atty. So-and-So, acting under the direct supervision and guidance of the public prosecutor, Atty. Jarhead..."

I have yet to see a public prosecutor confer with the complainant, and it is not a strange sight to see him acting lost in the midst of a trial, as he has no prior knowledge of the case. And I speak from experience, having attended numerous trials in QC, Makati & Pasig. This is not intended to denigrate them, but having watched a lot of US shows featuring lawyers and the American justice system (LA Law, The Practice, Law & Order, Matlock, etc.), you can't help but compare.

Anyway, hope everything turns out well...

[quiksie]

pwede ba kasuhan ng extortion yun?

[Specter]

Dami pala tayong mga members ng Tsikot na lawyers dito. Thanks for all the help guys.

Can someone explain this one for me:

Section 42. Right of way.

(a) 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. The driver of any vehicle traveling at an unlawful speed shall forfeit any right of way which he might otherwise have hereunder.

I think this is also applicable in my case, kasi if my understanding is correct, while crossing the intersection, on the perspective of the other party, ako ang nasa kanan nila. And on my perspective, sila ang nasa kaliwa ko. Does this mean na meron akong additional proof na ako ang nasa right of way, and absolves me from any fault? Tama ba ang intindi ko?

Ayoko lang kasi humaba pa 'to, all I want is kapag gabi, matutulog nalang ako ng wala nang iniisip na problema kagaya nito.

jimaroquai: Very useful nga ang mga tips mo, will do the same kapag natapos na ang repair sa sasakyan namin. :D

Thanks again guys, I really, really appreciate them.