Got into an accident - need expert advice

**PATSYS50** · December 8th, 2011 07:25 PM

Hi guys,

Yesterday, Dec 07, while on my way to dropping my kid to school I got into an accident. I was at the right lane (lane for cars with village stickers) of the pasay road entrance when a Montero coming from the left (cars with no stickers) lane swerved to the right and hitting my car at the middle part, damaging the front and rear doors.

There is no doubt that it is the Montero's fault. The security guards will attest to it, it is written in there incident report. I also have tons of pictures. And as if that weren't enough, I got it on video (remember I have car camera?)

The driver of the Montero sincerely apologised to me and gave me the contacts numbers to call, he said it is the owner of the car. Now my daughter has an examination, and I was running late to an important day at work and so I just signed the blank report from the security guards and went on.

Now I am trying to contact the owner but she seems to be taking her time on this, telling me she'd call me in 15 minutes but actually called me 3 hours later and not really committing to anything. I really wouldn't mind if they just cover my particpiation fee in my insurance so we can all move on but now they have really made so much inconveniences to me.

QUESTIONS:
1. Should I have called the police instead and waited for the police report instead of just the security gaurds' incident report? The security guards at Dasma by the way are deputised.

2. Can I actually sue the owner of the car and ask for damages?

3. Will the evidences I have now sufficient if I decide to sue the owner?

4. What are my recourses at this point?

5. Which police station/office should I go to have this reported?

6. What should really be the proper procedure to observe in case of accidents like this?

I have not really been into major hit like this, I have to admit I am a bit naive about this.

Appreciate your expert point by point replies on above.

Thanks in advance guys.

**Uncle Nick** · December 9th, 2011 06:59 PM

First, right off the top.....I am sorry for the predictement you are facing.

Second, I am not an expert.

Several countries are experimenting with "No Fault Insurance".

In essence, if there is no death or serious physical injury, the insurance companies will not contest or try to lay blame. This saves litigation and reduces costs tremendously by saving lawyers and court fees. It also speeds up the resolution process.

Your insurance company will pay your damages and the other party's insurance will pay their damages......and both insurance companies will be happy, especially if they are mutual shareholders (i.e. own large blocks of stocks of each other's shares). It is sort of a co-insurance system among companies to protect each other's profits.

This system works very well in most Canadian provinces. It may not be "fair" individually, but it saves everybody an awful lot of money on insurance premiums by reducing costs.

Now, with this in mind, some insurance companies will work a "Deal" with other insurance companies to adopt No Fault Insurance, just between themselves, even though it is not legislated by their local government.

So, it just might be possible that your company may be one of those.

It is only very top management that would know for sure, and would probably not divulge the informatiom to the public because they would lose their client base and really increase their claim costs.

Unless you can know for sure, how your insurance company subscribes to this charade, you cannot make a properly informed decision.

My advice, as a foreigner; - Get your car fixed, pay the deductible so that you can at least have your wheels without feelings of dismay every time you look at it.

Then, fight the other guy through the insurance company, or, on your own.

For sure it will be a learning experience for you, and, we would be grateful if you would share your findings with us.

Ciao!

Uncle Nick.

**PATSYS50** · December 9th, 2011 09:58 PM

Thanks uncle Nick, for your usual helpful insights.

The lesson learned I can give right now is that if you get into an accident inside Dasma village (or similar), don't sign their blank incident report. They do not make any judgment in it, even if it is clear who is at fault. According to teir detachment commander, they are not allowed to make strong wording in their report. What yuo need to do is call MMDA and ask them to make the report where it will be clearly stated who is at fault. Nevermind if you are obstructing traffic, do not move your vehicle from the incident site until MMDA told you to do so.

**Sportivo 7** · December 16th, 2011 04:18 PM

Originally Posted by PATSYS50

Hi guys,

Yesterday, Dec 07, while on my way to dropping my kid to school I got into an accident. I was at the right lane (lane for cars with village stickers) of the pasay road entrance when a Montero coming from the left (cars with no stickers) lane swerved to the right and hitting my car at the middle part, damaging the front and rear doors.

There is no doubt that it is the Montero's fault. The security guards will attest to it, it is written in there incident report. I also have tons of pictures. And as if that weren't enough, I got it on video (remember I have car camera?)

The driver of the Montero sincerely apologised to me and gave me the contacts numbers to call, he said it is the owner of the car. Now my daughter has an examination, and I was running late to an important day at work and so I just signed the blank report from the security guards and went on.

Now I am trying to contact the owner but she seems to be taking her time on this, telling me she'd call me in 15 minutes but actually called me 3 hours later and not really committing to anything. I really wouldn't mind if they just cover my particpiation fee in my insurance so we can all move on but now they have really made so much inconveniences to me.

QUESTIONS:
1. Should I have called the police instead and waited for the police report instead of just the security gaurds' incident report? The security guards at Dasma by the way are deputised.

2. Can I actually sue the owner of the car and ask for damages?

3. Will the evidences I have now sufficient if I decide to sue the owner?

4. What are my recourses at this point?

5. Which police station/office should I go to have this reported?

6. What should really be the proper procedure to observe in case of accidents like this?

I have not really been into major hit like this, I have to admit I am a bit naive about this.

Appreciate your expert point by point replies on above.

Thanks in advance guys.

Patsy,
The good thing is you have your camera. In future (hope dont happen), if no injuries:
1. Quickly take a photo of the damaged areas, plate number at front of erring drivers' car, photo of the over-all view considering the road /cars final position during accident.
2. Be calm, no badmouthing..it wont help.
3. Try to call police . I presumed as normal, you have a list of emergency numbers.
4. With complete photos saved, you can move your car to the shoulder to avoid taffic jams. Nowadays,investigators overseas and domestic allow this action.
5. If the erring driver makes verbal assurance, try to politely ask his/her details from the drivers license.
6. Obtain a police report. I believed you have a comprehensive insurance.
7. If you are in a hurry to get car fixed, proceed to your Insurance office and give details. In return, they will give you lists of requirements. Then the total cost, you will have some participation, dependent on what is stipulated in the policy.
8. Donot forget also to lodge a complaint to LTO about the unit that hit you.
9. After all formalities, your car will undergo repairs using your own insurance plus "participation"from your pocket.Kung matino yung nakabangga sa iyo, insurance nya ang gagamitin at wala ka na sanang money participations.
10. Follow up the erring driver. Dont worry if she/he never helped you..at the end of the day, you will have your time! She cannot make a registration renewal in any LTO office because of the pending accusation recorded in the LTO. Make LTO understand your sufferings from this guy making sure she/he cannot renew without clearing the charges as Hit and run (kasi di kana nya inasikaso),Sya na naman ngayun ang hihingi ng despensa ands maybe you can bill her the Participation fee na nagastus mo plus other incurred expenses while so doing.
11. The last so important, PLEASE never sign a blank form in any of your transactions anywhere!

**Retz** · December 16th, 2011 04:26 PM

May tanong lang ako in relation to accident. Ung mga motorcycle vehicles, TPL lang insurance nila? or meron din ba silang comprehensive? TIA.

**Sportivo 7** · December 16th, 2011 05:00 PM

Originally Posted by Retz

May tanong lang ako in relation to accident. Ung mga motorcycle vehicles, TPL lang insurance nila? or meron din ba silang comprehensive? TIA.

Bro, try mo "motorcyclephilippines.com" andun , you can find related infos. Yup comprehensive meron.

**Retz** · December 16th, 2011 05:19 PM

Originally Posted by Sportivo 7

Bro, try mo "motorcyclephilippines.com" andun , you can find related infos. Yup comprehensive meron.

cge, salamat bro. ang dami rin kasi ngayon mga pasaway na motorcycles and good thing na rin to know about their insuarnce.

**PATSYS50** · December 25th, 2011 02:24 PM

Originally Posted by Sportivo 7

Patsy,
The good thing is you have your camera. In future (hope dont happen), if no injuries:
1. Quickly take a photo of the damaged areas, plate number at front of erring drivers' car, photo of the over-all view considering the road /cars final position during accident.
2. Be calm, no badmouthing..it wont help.
3. Try to call police . I presumed as normal, you have a list of emergency numbers.
4. With complete photos saved, you can move your car to the shoulder to avoid taffic jams. Nowadays,investigators overseas and domestic allow this action.
5. If the erring driver makes verbal assurance, try to politely ask his/her details from the drivers license.
6. Obtain a police report. I believed you have a comprehensive insurance.
7. If you are in a hurry to get car fixed, proceed to your Insurance office and give details. In return, they will give you lists of requirements. Then the total cost, you will have some participation, dependent on what is stipulated in the policy.
8. Donot forget also to lodge a complaint to LTO about the unit that hit you.
9. After all formalities, your car will undergo repairs using your own insurance plus "participation"from your pocket.Kung matino yung nakabangga sa iyo, insurance nya ang gagamitin at wala ka na sanang money participations.
10. Follow up the erring driver. Dont worry if she/he never helped you..at the end of the day, you will have your time! She cannot make a registration renewal in any LTO office because of the pending accusation recorded in the LTO. Make LTO understand your sufferings from this guy making sure she/he cannot renew without clearing the charges as Hit and run (kasi di kana nya inasikaso),Sya na naman ngayun ang hihingi ng despensa ands maybe you can bill her the Participation fee na nagastus mo plus other incurred expenses while so doing.
11. The last so important, PLEASE never sign a blank form in any of your transactions anywhere!

Thanks Sportivo, good insights there.

**Uncle Nick** · December 26th, 2011 11:29 AM

Thanks from me too, Sportivo.

I printed your recommendations and carry the print in my glove compartment.

Ciao!

Uncle Nick.

**oj88** · December 26th, 2011 01:23 PM

During my last accident, I:

1. Called up my insurance, explained the situation and they're the ones who called up the traffic investigator to go to where I am since no traffic enforcers were around. They called me every now and then to check if the investigator has arrived. In many ways, this somewhat was comforting as it made me feel that they were on top of the situation
2. While waiting, I took pictures of everything from every angle, including the OR/CR and driver's license from the other car
3. When the traffic investigator arrived, they escorted us to LTO HQ at EDSA-Kamuning
4. Spent some 45 minutes at LTO as the traffic report was made and both me and the other driver's testimonies were collected
5. Once done, I got the traffic report and brought my car to Honda for an estimate
6. The service manager printed out a copy of the estimate to be sent to my insurance. Honda took care of everything from there. I talked to my insurance and informed them that all pertinent docs, including the pics, are already with Honda
7. I got a call from Honda 3 days later that an LOA has been issued and I can take my car to the dealer any time