Accident Compromise - Please Share your thoughts

[zippo_d_frog]

I got into an accident with an SUV. The SUV braked suddenly and my car skidded and hit his rear. It damaged his bumper plus a small portion of the rear door.

So the MMDA got in and we initially decided to swap numbers and go on without the official MMDA police report.

Here now is the problem.

The driver sent the quotations but nothing was attached through email on Tuesday. But I told him to wait for my supplier who can repair the car also even at a faster time. However, just to be sure, my repair people would want to see the vehicle first but gave me a range of cost. On Wednesday, he sent the car to his desired repair shop already and told me that he has given me sufficient time to thresh out the issue.

The repair cost now is way above the quote of my supplier. My supplier only quoted 5,900 for the bumper damage while his supplier's cost is 18,000! The same supplier repaired by car (which had a bigger damage) for only 8,000.

The driver is now insisting that I pay the full 18,000. Is this fair and legal? What are my options?

[Ginnova]

check if the SUV owner has comprehensive insurance which i believe he should have. makiusap ka na lang na declare as own damage and just pay for the participation fee. that should cost around 3-5K.

[_Qwerty_]

oo nga.. i'm sure may comprehensive insurance yan.. bakit hindi na lang pinadaan don..

[shadow]

check if the SUV owner has comprehensive insurance which i believe he should have. makiusap ka na lang na declare as own damage and just pay for the participation fee. that should cost around 3-5K.

oo nga.. i'm sure may comprehensive insurance yan.. bakit hindi na lang pinadaan don..

pag pinadaan as own damage, baka lumaki premium niya next year pag nag renew siya

[zippo_d_frog]

oo nga.. i'm sure may comprehensive insurance yan.. bakit hindi na lang pinadaan don..

Thanks for responses. I checked with him already and he does not have comprehensive insurance. Kaya ang instructions niya is to pay the whole amount.

What do you think are my options?

[erj22]

convince him na sa repair men mo na lang pagawa. since wala naman siyang comprehensive insurance. pineperahan ka niyan.

[_Qwerty_]

i dont think that's true.. madami ako kilala nag claim nang malaki.. even myself.. hindi naman tumaas ang premium ko the next year..

pag pinadaan as own damage, baka lumaki premium niya next year pag nag renew siya

[shadow]

i dont think that's true.. madami ako kilala nag claim nang malaki.. even myself.. hindi naman tumaas ang premium ko the next year..

hinde rin lumiit?

[zippo_d_frog]

The problem is pinasok na for repair even without an agreement. Naku kaya masakit sa ulo

[Retz]

bakit ang mahal ng repair shop niya? 18K compared to around 6K? ano ba ung gagawin na repair worth 18k?

[Noel Salisipan]

So the MMDA got in and we initially decided to swap numbers and go on without the official MMDA police report.

Here now is the problem.

The driver sent the quotations but nothing was attached through email on Tuesday. But I told him to wait for my supplier who can repair the car also even at a faster time.

The repair cost now is way above the quote of my supplier. My supplier only quoted 5,900 for the bumper damage while his supplier's cost is 18,000! The same supplier repaired by car (which had a bigger damage) for only 8,000.

The driver is now insisting that I pay the full 18,000. Is this fair and legal? What are my options?

Kung verbal lang usapan, it is your words against his word.

Pwede mo ipaglaban na ikaw nakabangga kaya ikaw magpapagawa. Kaya kung iiinsist nya na dun ipagawa sa gusto nya at ganun ang presyo at malayo sa inaakala nating standard na presyuhan. E di pwede mong ideny na hindi ganun ang usapan nyo.

Unless yun ang agreement nyo in the first place!

[bmwrp8]

What kind of SUV did you hit? Post some pictures so we can give you a much accurate advice.

[foresterx]

Kung verbal lang usapan, it is your words against his word.

Pwede mo ipaglaban na ikaw nakabangga kaya ikaw magpapagawa. Kaya kung iiinsist nya na dun ipagawa sa gusto nya at ganun ang presyo at malayo sa inaakala nating standard na presyuhan. E di pwede mong ideny na hindi ganun ang usapan nyo.

Unless yun ang agreement nyo in the first place!

this is the kind of mentality we should avoid, kaya di umuunlad bansa natin dahil pang-gugulang ang nauuna. utak talangka lang gumagawa ng ganyan style. i could understand if PUV driver ka, pero since you own a car and you could use the internet and post in a public forum sigurado ako may pinag aralan ka. you should know better.

as a motorist sharing the road you should take responsibility for your actions, no matter what you say if you hit a car from the back it is your fault not his no matter what his reason for stopping is. hitting somebody from the back means you we're following too close. unless the car in front of you has a broken tail light then that could be an excuse.

[zippo_d_frog]

Sige i will post some pics.

Yes admittedly naman ay fault ko because i hit the car from the rear. Kahit raint day and slippery road, i know i should have done better.

However, iba naman ang gulangan. Papagawa naman ang car. Pinasok lang siya bigla sa talyer kahit hindi pa tapos ang usapan. Usapan namin was to have my shop work on it at their convenient place.

Kaya here i sm seeking expert opinion.

[zippo_d_frog]

Thanks so much sa mga nag reply

[CVT]

Mukhang sinisingil ka niya bro ng "abala". Please remember that it is not his fault and he will spend time outside of his regular activities to have his vehicle repaired.

Almost all of the time, (and deliberately) this is not considered ng nakabangga dahil iyon lang damage ang point of contention/discussion. And siyempre, mas mahal. Wala rin ito sa batas(?), as the cost of "abala" differs from one individual to another, so really hard to quantify. But then again,- the law should provide more compensation to those who are at the receiving end of any vehicular accident.
15.1K:bouncealt:

[vinj]

IMO, it should have been made clear to the SUV owner that he should furnish you a copy of the formal estimate with the breakdown of the repairs made so you can be given ample time to canvass on your own and verify the costs. You should tell him that you are willing to shoulder the cost but he should do his part and be PATIENT and allow you to check that it is a FAIR costing.

Do post the car type, pics and repairs done so the forumers can see it and give their own two cents. The price will depend on what type of SUV and what were the parts damaged. Were the bumper and some panels of his SUV that were damaged replaced and painted?

I also agree with what CVT mentioned, there is also the "abala" factor especially if he had no hand in causing the accident except for being at the wrong place at the wrong time. Not too many people realize this immediately.

[zecand]

i somehow agree sa "abala". pero dapat ba na dahilan kung bakit ganon kalaki ang gastos? almost 300% ang mark-up?
the person involved asked to have the vehicle be check sa kakilala na alam nya na makaka-mura sya and sa tingin nya na ok din ang gawa. then why would one insist of such? unless meron purpose. (manlinlang/maka-ungas)

[xtian119]

i somehow agree sa "abala". pero dapat ba na dahilan kung bakit ganon kalaki ang gastos? almost 300% ang mark-up?
the person involved asked to have the vehicle be check sa kakilala na alam nya na makaka-mura sya and sa tingin nya na ok din ang gawa. then why would one insist of such? unless meron purpose. (manlinlang/maka-ungas)

The amount could have been padded already by the other party. In reality the amount could only be half of what he is asking

[ess]

Maybe the SUV owner does not trust that you would do a good job in repairing his car.
Siempre he'll expect that you'll do your best in cutting down your expenses.
Baka worried siya na hindi magma-match yung paint, or baka yung mga piesa na dapat talagang palitan ay remedyohan na lang. Lots of variables.
Malamang worried din siya sa delivery date ng repairs, which is why he picked his own talyer.