kung nareceive mo na yung pera, thats it, you will shoulder the difference o balance ng cost of repair..
kung hindi pa, you can insist on your terms under threat of resorting legal remedies if she will not agree...
what case you need to file? RIR to damage to property....but kung yung anak mo ay nag suffer ng injuries, have it checked by a medico legal (gov't doctor/hospital) and then make a separate case of RIR to slight physical injury... if the injury is severe, the case will be compounded, meaning it will be RIR to damage to property and physical injury...
what docs you need aside from the medical certificate? as much as possible a police investigation report...but since you removed your car already, investigation is no longer possible. just go to the police station and cause a blotter report of the incident.
sa insurance side naman...
kung may agreement na kayo that she will be the one to shoulder the expenses, but to some extent, it will be binding between you. but as far as the insurance is concerned, she can no longer ask reimbursement of the advance payment gave to you since the the agreement was reached without the concurrence of the insurance...
on the other hand, if you will ask the insurance to shoulder the balance of the cost of repairs, the insurance will deny your claim for the same reason... in short, you cannot agree for a certain amount from her and at the same time seek damage claim from the insurance... isa lang ang dapat, mag settle or mag claim...
di ko na discuss yung side ng insured, di naman material sa query mo.... regards..