Collision advice (medyo mahaba)

[Bogeyman]

Okay, probably another thread like this exists somewhere, but right now I'm a bit aggravated by this experience. I've already approached one tsikoteer on this matter, now I'm out to get other opinions.

Last May 3, I was involved in an accident on Quezon Ave. going home from work. Emerging eastbound from the Quezon Ave. underpass towards Lung Center, I found myself behind a slow-moving Toyota Corolla on the second to the right lane, with its hazard lights on. Naturally, I reduced speed to maintain the gap in front of me, and promptly scanned my left and right sides so that I can overtake and avoid the car. Suddenly, without warning, the Corolla stopped dead. By the time I had noticed, it was too late. I slammed on the brakes, but I still hit the Corolla's rear, damaging its trunk and rear bumper as well as warping my hood and dislocating my bumper and grille. I immediately checked on the driver, a female, asking her if she needed medical attention, since there are a number of hospitals in the area. She assured me that she didn't, and we both proceeded to survey the damage to our vehicles.

She said that she was experiencing mechanical problems, which forced her to suddenly stop the car. I asked her if she needed to have her vehicle towed; she declined. I asked her if she had vehicle insurance, she said no. All the while, I was repeating my offer of both medical attention and towing assistance, and she was consistently declining. Deciding against filing a police report, we instead exchanged numbers and registration information, and left the scene of the incident.

Over the next few days, I coordinated with my insurance company on facilitating her claim for repairs to her car. Insurance gave me an incident report form, since I had neither a police report nor a notarized affidavit of the incident. I accomplished the form on my computer, and promptly forwarded it to the other party so she also accomplish and sign it. Since I had also provided the narration of the accident, I asked her to check if I had my details straight. Upon verifying with the insurance company, I learned that she left the details intact and signed it.

After some time, the insurance company called me regarding her claim. It turns out that there was an almost PhP4,000 discrepancy between her repair estimate and the amount approved by insurance for release. Her shop estimated the cost at PhP15,000 while insurance only approved PhP11,034 due to the car's age. Her shop is located near her residence (Novaliches), while the shop recommended by insurance is near her place of work (Quezon Ave.) I was told by the insurance company that she wanted me to shoulder the remaining balance, since the whole thing was supposedly already too much trouble for her.

I was able to call her two days later and explained that I am not financially capable to shoulder such an expense; I have not even been able to avail of my insurance repairs (I even told her that she can verify this with the insurance company) since it would require me to pay a participation fee of PhP7,100, an amount that I don't readily have. She rationalized that with her vehicle being repaired at the insurance's shop, she would have to commute everyday, whereas if she brought the car to her preferred shop, she would still be able to use the car in the morning and then return it after work to resume the repairs. The last thing she said was that she would call her shop to see what they can do, and that she would get back to me.

This afternoon, her male officemate called me, supposedly because she was out of the office attending to another business. He said that she was willing to settle for P13,000, which meant that I would still have to shoulder the extra 2,000. Assuming that she agrees to have the vehicle repaired at the insurance casa, he said she expected me to shoulder the cost of her daily commute while her vehicle is indisposed.

Naturally, I stood firm and told him that what the insurance had to offer was the absolute best I can do. But when I explained this to him, he suddenly became abrasive, implying that I was irresponsible and that I was trying to worm my way out of my responsibility. I countered that, at the very least, it was her vehicle's mechanical condition that precipitated the accident; she was driving it on a major road, endangering not only herself but pedestrians and fellow motorists as well. He responded by asking how I would know that, when the vehicle had complete LTO clearance. I replied that, aside from informing me so herself at the time of the accident, she had also signed the incident report form wherein I merely quoted what she said.

He was insisting that I was at fault, since I was the one who collided her from behind. I said that I have not been remiss in recognizing my involvement in the accident, which is why I had offered medical and towing assistance, repairs to her vehicle courtesy of my insurance, and even facilitating her documents to expedite her claim. In spite of all these, he still accuses me of trying to cheat my way out of responsibility.

Some of my points in this matter:

- She was driving a mechanically impaired vehicle on a major road, endangering everyone and herself. And when she refused my offer of towing assistance, she further extended that risk, knowing fully well that mechanical trouble was what caused her vehicle to stop in the first place.

- I had offered to assist her in any way I could as a gesture of charity and goodwill, especially since she did not have insurance coverage. I had instructed my insurance company to prioritize her claim over mine. This, despite them informing me that I was in under no obligation to pay for her damages. However, I have yet to see any manifestation on her part that recognizes her responsibility in the accident as well. And what's worse, someone claiming to speak on her behalf is already vilifying me despite my efforts.

- At least one of us will have the opportunity to avail of repairs. It's ironic that, being the insurance policyholder, I am still unable to undertake repair work on my vehicle because I am as yet unable to pay my participation fee.

- She signed the incident report I submitted to her, indicating her agreement with the narration I had put there. She did not affix her signature under duress, she was not in any danger of bodily harm nor any circumstance that would compel her to sign the document against her will.

- At the very least, I also have the right to assert my claim for damages. Not only did my property sustain damage, but my life and that of my wife, who was with me at the time of the accident, was put in danger because she was operating a mechanically impaired vehicle. This constitutes negligence on her part, as it indicated her failure to guarantee her vehicle's roadworthiness in that given instance.

I told a number of friends about this situation, and they said that they don't have anything against me from a legal point of view, especially since I exerted every effort to be of assistance to her. What I should be ready for, however, will be their constant badgering and harassment. They also said that, in cases like these, the insurance quotation should prevail, since insurance will pay for the expense. Even I believe that she has the right to bring her car to her preferred shop, but that she should be the one to shoulder the balance, since it was already a matter of personal preference.

Well, what do you guys think? Am I being unreasonable or irresponsible? Am I legally liable in any way with my refusal to extend further assistance beyond that being offered by my insurance?

[FrankDrebin]

Baka pasikat lang si male officemate?

[BlueBimmer]

epal na officemate yan, feeling starring ang kumag

[jkill]

pasikat naman ung officemate na un, in the first place wala sya sa place of the incident kaya wala syang karapatan magsabi ng kung ano ano..

[Syuryuken]

Nagpapasiklab ang loko. maganda siguro yung girl

[HIFI]

The fact that pinakausap ka sa iba only means that she wants to intimidate you.

I won't even talk to him, unless he's her lawyer, legally representing her in this negotiation.

[ghosthunter]

Tell the male officemate that it is none of his business of what has been already agreed upon.

It is around this time that having a lawyer can be handy to shut some people up.

[Bogeyman]

So far, it's unanimous; the officemate is a real smeghead.

Pero like what I said kanina, I just want to make sure that, from a legal point of view, tagilid ang kaso nila sa akin because:

1. I had readily offered my assistance to her, immediately after the accident and in the days following. If I had indeed been evading responsibility, I wouldn't even be entertaining their calls, either at the office or on my mobile phone.

2. The insurance repair quotation is officially audited and above-board, considering the age of the vehicle (1993 Corolla). Any demand beyond what I can legally offer through my insurance company, I will already consider as extortion. We have a theory that the balance of the two repair estimates represents her cut in the expenses.

[ILuvDetailing]

IMO you've done all you can in your power to assist her, maybe she's just squeezing you for a little bit more.

And for the officemate, tell him to STFU.

[basti08]

dont deal with the epals....

the girl herself is guilty IMO (just IMO), that's why she's looking for other people to negotiate for her mess... maybe (just maybe) guilty that she really wasnt dealing with any mechanical probs with her car and she probably (just probably) stopped in the middle of the lane because of, say,,,,uhhmm....nothing.
typical novice girl drivers... (im not meant to offend lady drivers here OK?)
there comes the epal officemate na nagpapalapad papel.

basta if i were you, just stick with the procedure ng insurance...pahinog sya.

[Red Bureau]

Legally, she has a case against you. Obviously, you should always be alert on the sudden stop of vehicle in front of you. But on the practical side, I would suggest that you just ignore it. it would be very difficult and expensive to initiate an action in court especially in your case where the amount of the claim is just around 15k. Sa abogado pa lang talo na yung magfile. Just imagine you have to pay for the docket fees, the lawyer's fee for every appearance (or pleading filed in court), not to mention the usual acceptance fee.

Sabihin mo na lang kung hindi nya tatanggapin yung P1K (or P2K, kung mabait ka) might as well file it in court. Tingnan mo matatauhan yon.

[StraightSix]

Wala ka nang obligasyon sa kanya. That's what a car insurance is for. You pay an insurer to take care of accidents like this. If she doesn't agree to the cost of repair or the shop where to have the car repaired, it's simply not your problem. She should be taking it up against the insurer, not on you. You're not the one dictating the insurance policy.

[Flagg]

Firstly, IMHO, sorry to say it's your fault sir Bogey. Ikaw bumangga e. Impaired vehicle or otherwise, one of the expectations of having a driver's license is to always be aware of the dangers inherent in operating a motor vehicle.

But... wala syang kaso kasi:

May payment of damages na in the form of insurance.

Of course, she has every right to go to whichever shop she wants... but by signing your incident report, she has also bound herself to the decision of the insurance company. Any additionals, she should shoulder herself.

Again, she always has the option of suing you... but, standard filing fee ngayon e 20k tapos hingi nya sayo is 2k lang.

I would be careful though, kasi, with the weird justice we have... baka may kilala syang judge na maghahati sila sa kita. We had a case once where binangga na truck namin, dinemanda pa kami. The complainant, sa sobrang yabang and ayaw patalo, didn't care about the money na. She actually made whoopee with the judge to win... di lang nya alam may mga sariling kaibigan din kami... natalo din sya, panalo si judge... sayang medyo cutie nga e... ako nalang sana nilapitan, sasabihin kong talo na kami...

[OTEP]

Dito sa Pilipinas medyo stupid talaga ang batas. Kahit sadyain mong mag-sudden stop para mabangga ka ng nasa likod mo, yung nasa likod pa din ang may kasalanan.

Meron pa ngang cases na sila na ang inatrasan tapos papalabasin ng nakaatras na sila ang binangga. That's the Philippines! Wala pang imbestigasyon guilty na. hehe. Never mind if her vehicle was not roadworthy at the time - KASALAN MO PA DIN! If I remember right, si boybi inovertake-an ng jeepney dati sa shoulder ng NLEX. When the jeepney pulled out in front of him, it suddenly braked - WHAM! Si boybi pa daw ang may kasalanan. Bwisit talaga noh.

Sindakin mo na lang sir Bogeyman. Ano ba talaga problema ng car niya? Baka naman hindi lang siya talaga marunong mag-drive. And kung sira talaga ang car niya, kailangan din niya siguro mag-commute whether or not nabangga mo siya.

Yung lalake upakan na lang natin.

[compact]

ipabasa mo sa kanya yung thread dito na tumatakbo ang nakabangga, nakasagi etc. para magpasalamat pa siya sa yo at di mo tinatakbuhan responsibility mo.

[badsekktor]

same sentiments here.... sad to say kahit reckless yun driver sa unahan mo at nabangga mo eh fault mo pa din yun.....

ingat ka na lang dun sa nabangga mo baka racket yan! hayaan mo na lang sila mag-file ng kaso. sa hirap ng buhay ngayon eh tingin ko hindi na aabot sa korte yan! wala nga pamasahe sa opisina eh pano pa yun pang-file pa ng kaso? saka isa pa may defense ka naman. di mo naman tinakbuhan eh!

[claRkEnt]

.
Sarap magbasa ng story mo ah! Parang Pro na Blogger!

Aside from being thankful sa iyo, dapat nga maki-cooperate na lang sya fully to minimize the hassles and that out from the equation yung kups na ofcmate! Keep your stand! Deal or No Deal kamo...
.

[Bogeyman]

Thanks sa replies, guys. Of course I do recognize my part in the accident, which is why I immediately offered medical/towing assistance in the short term, and financial asistance through my insurance company in the medium term. I gave my mobile no., my office number, even my home number, to show that I was not a flight risk (not that I had any place to go to anyway). Mukhang malakas lang talaga ang loob nila just because I'm easy to pin the blame on, and they're milking it for what it's worth.

This morning I received a call from a certain Capt. Cando (father nung babae). I was unable to ask what branch of the police/military does he hold that rank, but frankly I was unimpressed, as it was likely just a prt of their intimidation tactics. Iniinsist pa rin niya that I shoulder the balance, saying that I was criminally and civilly liable. I told him that I am already acknowledging my liability through my insurance company, and if they are not satisfied with the work of the insurance casa, they can always notify me or the insurance company so that it can be corrected. Beyond that, I said, I can offer no more. He said something about them taking action, I assume that it was a veiled threat against me.

Eto pa. My wife called the girl to explain our side (kasama kasi yung asawa ko sa aksidente). Utang na loob pa daw namin yung hindi niya pag-file ng police report. My wife corrected her, saying that she was the one in a hurry to go home, while we were willing to go through legal SOP. Besides, I was repeatedly offering medical assistance to her, which meant that I would have to bring her to the hospital and, if need, be, stay with her there until the whole thing was sorted out. She consistently refused, kaya hindi niya pwedeng sabihin na tinakasan ko siya. She was already raising her voice at the other end, kaya nagpanting na din yung tenga ng misis ko. Isinumbong ng misis ko sa kanya yung sinabi sa akin ng officemate niya, na kesyo makapal daw ako dahil inuutakan ko daw sila. She didn't even acknowledge it, just brushed it aside. My wife was still trying to explain our side when suddenly the line was cut. Later, sinabi sa akin ni misis na impression niya, ayaw akong kausapin nung girl kasi may tinatago siya, otherwise bakit ibang tao yung pinapakausap niya sa akin?

Nag-text na lang ako dun sa babae. I corrected the her officemate's impression that I was blaming her for the accident; I was simply pointing out na may joint responsibility naman kami sa nagyari, and that I have yet to see her acknowledge her part. I told her that my offer still stands, because gusto ka na ring matapos yung repairs niya. And I added that if she wouldn't talk to me, then I will not speak to anyone else on her behalf, only herself. Not her officemate, not her dad, not anyone. And right, malabo ngang umabot sa korte ito. Ang lagay eh, they could afford the expenses of litigation, pero hindi nila kayang sagutin yung balanse ng repairs sa sasakyan nila?

[Chip]

so.. is she hot?

the guy just wants to get in her pants :D

hayaan mo lang, i get the impression na all bark no bite tong mga to. pero prepare yourself nalang for an escalation-sana hindi umabot ng ganon.

*sir flagg,
jackpot pala si judge hehehe

[the_wildthing]

Tingin ko kailangan mong bayaran yung gumawa. Partial lang kasi ang mababayad ng insurance. Humingi ng resibo. Tapos pa-pirma ng quit-claim. Ayos na.

Ganon talaga e. Choice nya yung talyer kasi ikaw ang naka-bangga.