what to do after the accident

[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.