Got broadsided by a privately owned passenger jeep. Should I pursue the case?

**HardCharger** · January 24th, 2009 04:07 PM

Hi All!

I need your advice on something.

Last November, I got broadsided by a privately owned passenger jeep. According to a witness who volunteered to help me out, the driver wasn't even looking on the road when he was crossing the intersection at speed and hit me while I was half way through.

The force of the impact forced my rig to slide sideways to the right. Upon seeing what he did, he quickly moved his jeep (which was violating coding by the way) to the side and proceeded to collect parts of his extended bumper from the middle of the road and tossed them into the back of his jeep. I moved my vehicle to the side and was prepared for the worst. Luckily, my side rails and steps saved me and all I had was a dented rear driver side door, scratched side step with some paint transfer, and a lightly slashed rear tire.

We had to wait for a traffic enforcer to show up to make the sketch. But according to the enforcer, he could not make the sketch since the jeep had been moved already and proceeded to tell us that we now have to go to the North Harbor station to file the report and have the investigator work it out.

It took the guys in the jeep a while to decide and they had to call the owner for instructions. At first I thought they were offering me P2,000 for the damage they inflicted on me but apparently they were asking ME to pay THEM! The nerve! I say no way and that we should just file our reports.

They agree but it took about half an hour before we could proceed and the reason for this is that the jeep didn't have it's registration in the vehicle and that the owner had to look for it and had it brought to us.

Upon reaching the station, we filed our reports and the pictures were taken. Again, since the investigator was not at the scene, he couldn't make a final official decision and said that the issue will have to settled in court.

When I asked why so, apparently the schmuck driving the jeep claimed that he stopped and that I snagged his bummer assembly when I passed. The investigator said that in his personal opinion, the jeep was really at fault since I had a dent which proved that the jeep was moving toward me when we hit and not at a stand still as the jeep driver claimed.

The inspector went on to say that since I we both didn't have any insurance (I was still negotiating with my former agent at the time) we had to bring the case to court and that if we pushed through with court, we would both be charged with reckless impudence (or something like that) and have to pay the fine AND fork out another P500 to let the police representative file the case on my behalf or I'd have to do it myself and was made painfully aware of the time needed (read wasted) to file the papers personally. The report was not released yet and I was told to put together quotations for the work needed and whatever else I'd like to get back from the jeep driver and owner.

I now have most of the papers I need and I'm contemplating if I should still push through with the case. The hassle of going back to North Harbor just to submit papers and give the cops whatever amounts they need to get things rolling along is starting not to be worth the trouble though I'd really like to give the jeep driver and owner a hard time by having a case against them.

What do you guys think?

Thanks.

**badbadtz.carlo** · January 24th, 2009 04:28 PM

Originally Posted by HardCharger

Hi All!

I need your advice on something.

Last November, I got broadsided by a privately owned passenger jeep. According to a witness who volunteered to help me out, the driver wasn't even looking on the road when he was crossing the intersection at speed and hit me while I was half way through.

The force of the impact forced my rig to slide sideways to the right. Upon seeing what he did, he quickly moved his jeep (which was violating coding by the way) to the side and proceeded to collect parts of his extended bumper from the middle of the road and tossed them into the back of his jeep. I moved my vehicle to the side and was prepared for the worst. Luckily, my side rails and steps saved me and all I had was a dented rear driver side door, scratched side step with some paint transfer, and a lightly slashed rear tire.

We had to wait for a traffic enforcer to show up to make the sketch. But according to the enforcer, he could not make the sketch since the jeep had been moved already and proceeded to tell us that we now have to go to the North Harbor station to file the report and have the investigator work it out.

It took the guys in the jeep a while to decide and they had to call the owner for instructions. At first I thought they were offering me P2,000 for the damage they inflicted on me but apparently they were asking ME to pay THEM! The nerve! I say no way and that we should just file our reports.

They agree but it took about half an hour before we could proceed and the reason for this is that the jeep didn't have it's registration in the vehicle and that the owner had to look for it and had it brought to us.

Upon reaching the station, we filed our reports and the pictures were taken. Again, since the investigator was not at the scene, he couldn't make a final official decision and said that the issue will have to settled in court.

When I asked why so, apparently the schmuck driving the jeep claimed that he stopped and that I snagged his bummer assembly when I passed. The investigator said that in his personal opinion, the jeep was really at fault since I had a dent which proved that the jeep was moving toward me when we hit and not at a stand still as the jeep driver claimed.

The inspector went on to say that since I we both didn't have any insurance (I was still negotiating with my former agent at the time) we had to bring the case to court and that if we pushed through with court, we would both be charged with reckless impudence (or something like that) and have to pay the fine AND fork out another P500 to let the police representative file the case on my behalf or I'd have to do it myself and was made painfully aware of the time needed (read wasted) to file the papers personally. The report was not released yet and I was told to put together quotations for the work needed and whatever else I'd like to get back from the jeep driver and owner.

I now have most of the papers I need and I'm contemplating if I should still push through with the case. The hassle of going back to North Harbor just to submit papers and give the cops whatever amounts they need to get things rolling along is starting not to be worth the trouble though I'd really like to give the jeep driver and owner a hard time by having a case against them.

What do you guys think?

Thanks.

how much was the damage to your ride? Is it fixed now?
If i were in you place, and my ride is back to the way it was.. and the monetary amount is something insurance covered, or if it's not that much, I wouldn't proceed anymore.

i have 2 cases that i'm currently working in Mandaluyong. both are way more grave than yours, but the hassle of going to and for the court to file them, going through hearings and very little to gain but little, not to mention delayed justice is sometimes not worth it.

Also, the accused may not even comply with the hearings, and it gets rescheduled, and another hassle of going there.. Ugh!

kung nde lang malaking pera involved nung aken, nde ko na hahabulin yun..
kaso malaki e.. GRRR

so to cut it short, i personally would not advise you to push through..
just my two cents.

**ab_initio** · January 25th, 2009 08:43 PM

TS, what does the investigator's report say?

**mbeige** · January 27th, 2009 11:08 AM

Both of you are at fault. You for not having an insured vehicle, and him for violating the color coding (and also hitting your car). Nevertheless, it's a basic requirement to have vehicle insurance. If you don't at the time of the accident, you cannot pursue the case against the other person because you technically did not have insurance.

Take it as a lesson and move on. Have your car repaired out of pocket. Always have it insured. That's what insurance is for anyway.

**HardCharger** · January 27th, 2009 11:44 AM

Hi Guys and Gals!

badbadtz.carlo:
Thanks for the advice. I guess no matter how much I'd like to teach them a lesson, I'll have to stand down as my time is more important than these yokels. I'll just have natural selection deal with them as the way they do things, they won't last long anyways. I wouldn't want to contribute to junk genes.

ab_initio:
Unfortunately, he hasn't gotten around to making a report yet as the other side is still lacking in some requirements. Plus, I think he's waiting for a little something to go his way before he'll move.

mbeige:
Yeah, I suppose you're right. That's the reason why I no longer work with the old provider and moved to a new and most likely better one.

Luckily, since the accident occurred in the line of duty (on my way to a client), the company offered to shell out for my repair (PDR).

All is more or less well again though when you look at my rig from the front, it looks like it's smirking towards the passenger side due to the force of the impact. While it's hardly noticeable, I'm kinda OC so I saw it. No biggie though, I'll just keep on truckin'

Thanks y'all.

**meledson** · January 27th, 2009 12:02 PM

Possible na mas magastos na habulin ang case kaysa sa ipagawa ang car. Mas sakit ng ulo pag kinasuhan pa. Iyon lang nga, dapat mabigyan ng lesson ang driver ng jeep.

**nic** · January 27th, 2009 12:03 PM

Can old cars be insured? Mine is a 96 and insurance won't cover it, or so they say.

Same thing happened to me with a taxi bro. Unfortunately, my advice would be to just move on and charge it to experience. At first I wanted to pursue the case for sake of principle and I really wanted to teach that reckless driver a lesson. But it terms of practicality, sad to say, it's not worth it.

Naisip ko later on that it's not entirely the fault of that taxi driver na ganun sya mag-drive. It's just that he doesn't know any better. Anyone, even the blind, can get a drivers license here, so I guess we can't expect much out in that jungle.

Pinaka-consuelo nalang sa nangyari- sobra laki ng damage nya kaysa sakin! I drive a lifted 4x4 with alloy bumpers and extended fender flares. Always ready for battle!

**ab_initio** · January 27th, 2009 01:49 PM

Sir TS: if the investigator's report is in your favor you may pursue your claim in court if you don't have insurance coverage. reckless imprudence resulting to damage to property is a quasi criminal case, that may somehow vindicate you...he'll be penalized. however, our justice system is a bit slow, don't expect that you'll be awarded with damages at a time that you need it Sir, but, if your only goal is to teach him a lesson and to scare him out of wit, then file a case based on that favorable investigator's report..

if you have no insurance, it doesn't mean that you can't claim for restitution, it only means that there is no third party answering for the damage. insurance is a bit quick in terms of payment than pursuing your case in court, because the contract of insurance doesn't determine who is at fault. their only concern would be, the extent of damage and coverage.

negligence is likewise covered.

**HardCharger** · February 4th, 2009 06:53 PM

Hi All!

Thanks for all your advice and input.

As much as I would really like to pursue this case and give those yokels a hard time, my time is more important and I have better things to do.

Given that this is how those idiots operate, I'm sure they will run into someone who will be in a position to do much more than I can and get even for the both of us!

He better not show himself to me though, I can still give him a great big can of whoop-*$$!

**4wrider** · February 8th, 2009 11:14 AM

Be reminded that the other party might be used by the traffic enforcer to extort money from you by proceeding to file a criminal case against you. This is not a far fetched idea and I know a few instances of this thing happening.

Don't take it for granted and make sure that the traffic incident report does not put the blame on you. Make sure that coding violation is stated in the report because this can be used later should this case goes to court. Remember that under our laws, drivers of the vehicles violating traffic rules are presumed to be at fault.

And traffic enforcers are inclined to have more sympathy towards jeepney and taxi drivers and many are Erap disciples and are emulating his Robin Hood ways of redistributing wealth.