two weeks ago my car, a 2000 kia carnival, was hit by a bus. both of us, the bus driver and i, went trough the process for the police report where he admitted it was his fault. i talked to the bus operator (through cellphone) and he told me to bring the police report to their office.
when i went there, he told me that the damage is not big enough to be covered by insurance so he suggested that my car be serviced in their own shop which i declined for 3 reasons, the shop is in makati and i am from antipolo so it would be very inconvenient for me, my wife is in her 9th month of pregnancy and i may need the car anytime for emergency and lastly i simply don't want any talyer i am not comfortable with to do the works.
since we were not able to settle it he suggested to me that i contact 2 more people which i did but nothing came out of it so i called the operator again and he told me that he will contact me. until now he has not called me yet.
to those who knows about the laws governing situations like this, what is the ruling? do i have the right to demand that my car be serviced in a shop of my choice? btw, my car is not insured thus i am the one who is doing the leg works. TIA
You can have the car repaired and send the bill to them. If they don't pay, you can institute a case for damages against the driver and the bus company. Additionally, you can file a complaint with the LTFRB and try to have the franchise of the bus company suspended or revoked. Medyo me katagalan at gastos pag nagkaso ka, but you can be sure they'll settle if you pursue these 2 remedies in tandem.
bro try mo din kung ayaw pumayag at magiging magulo sitwasyon sumbong mo kay TULFO makakatulong yan o kaya sa BITAG nasa katwiran ka naman po eh salamat
i am not really sure what exactly he meant by it, but what is clear is he trying to use it as a leverage so that i would agree to bring my car to his shop
There's no such thing as "damage is not big enough to be covered by the insurance". There's no participation fee on the part of the bus company for Third Party property damage. Tamad lang maglakad ng papeles yang bus company.
Have your preferred shop do an estimate, and have that estimate sent to this company's insurance. That's what insurance is for, so you don't go through the hassle of it.
Even better, have your shop repair the damage, and send the bill to them as one member said.