what to do after the accident

[orly_andico]

last wednesday i was on the way to work with my wife. there's this 90* corner not far from where we live. there was a truck going in the opposite direction. the driver obviously miscalculated the turn because even though i was way inside my line (almost a meter -- it's a two-lane road) the truck crushed my fender, damaged the bumper, and destroyed the corner light.

the worse part is, the truck stopped right after hitting me, so i got out to look at the damage. then mister moron started up his truck again, ostensibly to park it at the side of the road. but the practical effect was, i got pinned between the truck's body and my car, resulting in some nasty bruises on my arms, tummy, and back.

immediately after getting free, i stormed over to the truck in a rage and took a swing at the driver in his cab. i missed though (i was at street level and he was still in the cab). anyway my wife was extremely pissed off and traumatized by the sight of me up in the air pinned between the car and truck, so when the guy got off, she took several swings at him and managed to hit him (she's not large though so there wasn't any damage).

the police arrived soon after, and i got a police report stating that the truck was at fault, and that in the process of parking he accidentally caused injuries to me.

i've decided that i don't want to try to extract any money from that deadbeat piece of **** driver or his construction company employer. i'll just charge it to my insurance and since i have a police report stating that they are at fault, i'll let the insurance company try to recover whatever it can from them. that's no skin off my back and i just don't need the hassle.

incidentally i went to see a doctor on the same day and thankfully there were no internal injuries and i didn't bust any gaskets. the doctor said i'll just experience swelling of the bruises and some pain for a day or two.

now here's the thing -- my mom and relatives are saying i should file a complaint against the driver, to "teach him a lesson" and as a preventive measure in case he files a complaint against me (presumably for my taking a swing at him and my wife actually hitting him). but i simply don't want to waste the time doing that. i don't have time to go to some dingy greasy police station and courthouse (getting the police report was painful and inconvenient enough).

question -- is this smart? what are the chances mister moron will actually haul me to court? is it a good idea to file a complaint to head off that possibility?

personally i don't think that driver will take the risk of filing a complaint given that he suffered no injuries (my wife is small) and there was no damage to the truck at all; and i really have more reason to complain; i can get a medical certificate attesting to my injuries; and i do have that police report.

advice?

[Red Bureau]

You have the option of filing a criminal case against the driver and a civil case against the employer of the driver. It can proceed simultaneously. Should there be a criminal conviction with corresponding award for damages and the driver has no property to satisfy the judgment, the employer can be made subsidiarily liable. In case you filed a separate civil case against the employer for damages, you are not allowed to collect either in the civil case or criminal case but not in both instances.

I suggest you file both just to be on the safe side. Whatever expenses you may incur including attorney's fees, you can claim it in both cases anyway.

[artpogi]

Based on your description of the incident, IMO the truck driver will not file a complaint against you or your wife for "assault" or something. He has more things to worry about than getting back at you.

[ian_rex]

sir orly, yes you have the option to file a criminal complaint concerning the injuries resulting to accident. yes, he can sue you for attempting to hit him, but that is because, you are in a blind rage after being mere inches of being crushed by the truck. also sue them for the damages made to your vehicle.

[yebo]

i think you should wait for him to file first. see, if you file first then that gives him the option to counter-sue for assault (2 counts, you and your wife). if you wait and he does not file a case then just let it go.

[Chip]

i think you should wait for him to file first. see, if you file first then that gives him the option to counter-sue for assault (2 counts, you and your wife). if you wait and he does not file a case then just let it go.

+1

Im glad you didnt sustain any serious injuries. I wouldve taken a swing at the driver too if I had gotten pinned.

[seonadancing]

You could have been crushed to death, the least that you can do is sue the moron. I'm sure you shouted when you were being pinned and when he didn't stop then that is attempted manslaughter or something. Put the guy in jail and save the others that he could victimize in the future.

[orly_andico]

i realize that driver should be "put away" or something to spare others from his potentially life-threatening stupidity. and i am thankful that i only got a few bruises for my pains.

but the thing is, i have very little faith in our wretched justice system. if i file those complaints, i will have to pay those legal fees up front, with little chance of seeing any of it back in any reasonable amount of time. i mean yes if i suffered internal injuries or broken bones i would definitely see them in court. but as i got off without major injury..

i mean if i have to go file in court and everything i'd have to take time off work. the opportunity cost of that isn't inconsiderable. plus all the legal fees and hassles. which is why i'm inclined to just let the insurance take care of it and to hell with them.

[batang_raon14]

Umm... if my curiosity ain't a bit too late, what kind of truck are we talking about here sir orly? If it's a cargo truck with a 3 cars length, considerable ang nangyari. Notice na wala silang monitor sa rear-most part ng sasakyan nila, talagang naasa lang sila sa side mirrors. Considering the height their side mirrors are placed plus the length between the front and rear of the truck, chances are he couldn't see much of the rear most part. Kaya pag makita nyo sa daan ang mga ganitong truck na nagte-turn, normally nagagutter ung pinakahuling tire sa haba.

Pero, kung maiiksing truck lang yan, malaking T na lang talaga ung driver at dapat na ngang turuan ng leksyon. Nakapasok na ko sa loob ng parehong cargo at dumptruck. And kita pa kahit paano ang likod ng dumptruck sa side mirror nya compared sa cargo.

Really glad Sir na at least recoverable bruises are all that's generated from the incident and not the loss of your life. Hoping you'd recover soon.

Add ko lang, for safety-reasons, best rule to follow is:

When on a curved road (whether the L way or the C way types) or on an intersection and a Cargo truck is approaching from the opposite lane, just hit the brakes. Notice how much of both lanes this type of truck can occupy when making even the slightest change in its steering. If you don't hit the brakes, tendency is your side mirror could get hit (if space is tight), or worse, the same scenario in this post.

[orly_andico]

it was an Isuzu Forward. 6-wheeler. not a particularly large truck.

actually i was at a full stop. because i know alanganin talaga yung turn. there was a besta van in front of me. interestingly enough, hindi natamaan yung besta (naka-forward nga while the truck was rounding the t urn). i was almost a meter away from the road center line. that driver was just so f-ing stupid. with almost a meter of extra space for him, and i was not moving, natamaan niya pa rin ako.

[basti08]

basta pa-hold mo na lang sana yung license, tapos tsaka ka na lang mag bigay ng desistance kapag maayos na lahat ng gastos sa oto mo. like what i did before, bahala sya...ipinatago ko sa pulis ang license nya until yung insurance nila naglabas ng pera at nagbigay ng LOA para sa shop to accomodate my car.

[nugundam93]

sir, file ALL cases that you can file. i personally wouldn't settle for less, given na not just your property was damaged, pati ikaw, nasaktan sa katangahan ng driver.

hoping that you get okay soon :D

[orly_andico]

actually the reason i was so willing to write off the bastard is because maliit lang yung participation ko. actually, i was filing an own damage claim for another dent (this time a bus in Laguna, but no injuries to me) last week. there was a small dent on the driver side fender that i wanted them to fix too. but they said different claim (meaning another affidavit and another participation fee). so i said just do it, i'll just add some more money.

now mister stoopid truck driver comes along and obliterates the small dent (the fender was totally demolished). and the participation fee for this new damage is just about the same amount i'd have paid for the earlier "add payment for small dent." so i'm not inclined to chase after mister truck driver when i was already gonna pay that much. besides if i claimed against the other guy's insurance or extracted money from them, it's too much paperwork and i'd have to have the car fixed at the other insurer's accredited shop. too much trouble, i already left the car at toyota and i want to forget my troubles and just claim it back with all damage fixed. i can only do that by claiming everything against the toyota in-house insurance.

my "consuelo de bobo" is that the insurance adjuster said, since i have a police report stating the other party is at fault, the insurance company will go after the other party. i feel some malicious glee at the bloated repair estimate of toyota (casa kasi...) and the thought that that driver will have a collection agency at his throat real soon..

[nugundam93]

ehehehehehe that's one good consuelo de bobo.

pero what if you were hurt badly when he pinned you between your car and his truck? the emotional damage itself where you thought na baka may naapektohan inside of you is reason enough to file something like reckless imprudence resulting to injury or something (hahaha, laywer, i am not). :D

good luck po sir. :D

[seonadancing]

Sana nabugbog mo na lang, hindi yata tumama yun hataw mo e noh. It's different kung kotse lang nabanga pero kung pati ikaw nasaktan tapos sadya pa e ibang usapan na yun. Magulo nga yun justice system dito, at least napa blotter mo man lang para may record sya sa NBI clearance nya.

[orly_andico]

yeah definitely if i'd sustained more personal injury i would go after them, the cop said the pertinent charge would be "reckless imprudence resulting in injury." but that's a misdemeanor! hindi talaga worth my while na maghabol. wala rin namang pambayad yun (and i'm sure maghuhugas-kamay yung employer niya). and all for a few thousand pesos na participation? i'd rather not have the headache.

although i realize it's this sort of attitude that allows idiot drivers to get away with their stupid kamot-ulo tricks. yun nga ang mura ko dun sa driver eh. "kung napatay mo ako, mag-so-sorry ka nalang?!!"

[Chip]

Thats some moral pickle youre in now.
I would do the same thing were I in your situation. Minsan kahit gusto natin ng justice, parang its not worth our while to pursue it, not when we have limited resources: monetary or otherwise.
Basti's suggestion is good, just so that the driver doesnt go totally scot-free. Maybe you can even blackmail the company by threatening to press charges unless they let him go. (though it will be difficult to verify if they really do fire him)

[chuaed]

isa lang masasabi ko, reckless endangerment resulting to damage to property and physical injury... pero dapat na blotter na sana immediately after the incident at may karapatan kayo habulin sa mayari ng truck na bumanga sa inyo... yeah naka insurance nga siya/kayo eh sino ang sasagot sa participation fee? tska iyun physical and emotional trauma na naranasan niyo magasawa? ano iyan TY nalang? hindi naman sasapitin iyun naranasan niyo kung hindi mabilis mag maneho ang driver...

[niky]

I think you did things right... whether stupid or not, the injuries he caused you were accidental. I'm sure he has a lot more to worry about with his company. You can file grievance with the company, but as far as pressing charges goes, it might be more trouble than it's worth.

If he loses his job, that's justice enough. Heck, even a suspension is a big blow to a guy on marginal income, and it should teach him a lesson.

[batang_raon14]

Shame... he isn't even driving a truck big enough for the excuse of not beeing able to see you. I think his action is just plain stupid.