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  1. Join Date
    Oct 2011
    Posts
    2
    #1
    Hi. I've been trying to get some insight on my concerns via google ad all the search results have directed me to this forum so I thought I might as well join and ask.

    I'm a 7 month old owner of a 1.8S Honda Civic. Its my first car. First being, I'm the one financially responsible for it. Anyway, last Tuesday, on my way to work, I figured in an accident. The front of the passenger side is basically wrecked and I've had to had the unit towed to Honda Alabang. Since its my first time to figure in a car accident I wasn't familiar with what I'm supposed to do in the police station. I'm a doctor and the other party is a medical representative (so the car isn't hers, its the medical company's). So in the police station the police report was drawn up that it was her fault (I was coming out of the village gate and she was on a downslope, accelerating), and we BOTH agreed. But we both agreed also that the entire issue will be resolved by our insurances (we both have comprehensive insurance, Im with Mapfre hers is with Malayan). There was no exchange of money, nor promises made on her part to pay for MY participation (yes, I'm kicking myself for this stupid oversight).

    When I got to the Honda Alabang, the SA explained to me what would happen, and I finally realized that I'm expected to shell out about 5K participation. He explained that it should be the offending party who would shoulder this expense. So I called her, here's what she said: "Pero di ba, kasalanan naman natin pareho talaga, so babayaran ko din participation ko sa insurance." In her mind, she took the fall and we have an "understanding" that its really both our faults (even if the police report clearly states otherwise). I explained to her that the car, in essence, isn't hers and she wouldn't really be the one paying the insurance but her drug company. Long story short she only agreed to pay for half of the participation fee. I RELUCTANTLY agreed, just to have everything smoothed over and asked her to pay up before the day ends. She pleaded that she has a lot of payables right now and promised to deposit by next week. I told her I understood. At that point I'm really concerned that she won't pony up her share, because in her strange mind we're both accountable (despite the fact that I never made such statement and the police report states otherwise)

    Then the person from Mapfre explained to me that they could make the claims on Malayan so that I wouldn't have to pay ANYTHING. The drawback is it might take long. OR Mapfre will issue the LOA (so the repairs could get started), I'd pay for the full participation fee but Mapfre's legal people will come after the other party to pay up for the participation fee so that they can reimburse it with me.

    Now I'm wlling to honor my word to (grudgingly) shell out half of the participation fee if she does pay up but I have a couple of Q's.

    (1) In this scenario, matatagalan ba talaga kung sa Malayan namin i-claim yung insurance? I don't like kasi the fact na they won't start the car repairs hanggang hindi nalalaman kaninong insurance gagamitin (utter bullcrap kasi kahit naman sino pa humawak non DAPAT gagawin pa rin nila yung kotse)

    (2) If for some reason, hindi nagbayad yung other party, and I shoulder the entire participation fee, how big is the possibility na hahabulin talaga ng insurance ko yung offending party? Its not the money per se actually, its the priniciple na binangga ako and the one responsible wouldn't even have an ounce of accountability for it. That's whats making me angry. Mapfre tells me whatever they'd be paying for, sisingilin din nila sa Malayan (that's inclusive of my participation fee), is this true?

    Its my birthday on the 31st by the way. Haaaaay.....

  2. Join Date
    Sep 2005
    Posts
    13,039
    #2
    since the police report states na mali yung isang party.. mas madali kung sya na lang singilin mo nang participation.. kung hindi naman magbayad.. abonohan mo muna and have your insurance chase the other insurance and refund mo na lang sa insurance mo.. follow up mo lang..

    di naman kailangan nang participation fee up front.. all they need is an LOA from your insurance sisimulan na yan... magbabayad ka lang nang participation pag tapos na yung work..

  3. Join Date
    Oct 2002
    Posts
    36,776
    #3
    kung gusto mo na matapos claim mo na sa insurance mo ang bayaran yun participation then bahala na sila maghabol sa offending party. kung intayin mo pa na mag claim sa insurance ng kabila matatagalan talaga yan.

    basta papalitan mo lahat ng parts na nadamage or kahit yun konting damage na pwedeng remedyo papalitan ang make sure na papalitan nga ng Honda.

  4. Join Date
    Oct 2011
    Posts
    2
    #4
    Thanks for the reply guys. I guess I'm most concerned with is her getting away with this unscathed :-(

  5. Join Date
    Feb 2010
    Posts
    148
    #5
    Quote Originally Posted by tinapie_MD View Post
    Thanks for the reply guys. I guess I'm most concerned with is her getting away with this unscathed :-(
    An experience worth remembering as a lesson. By the way, advance Happy Birthday Doc!:congrats::party::rock::havefun::cheers::bdayp arty:

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