Our truck met an accident, did I do the right thing?

[boybi]

Early this evening (around 7PM), our delivery truck was entering our compound, the front end of the truck was already at the edge of the gate with the gate wide open. But the rear end was still occupying one lane of a two lane national highway. Then a motorcycle bumped the rear end and was stuck under the truck.

According to the driver, there was a pickup infront of the motorcycle, which was able to overtake/avoid the truck. He did not notice the motorcycle until it bumped the truck.

The rider of the motorcycle was stuck between the spare tire of the truck and the motorcycle. They have to lift the truck up to take the rider out and then brought to the hospital.

Later, I went to the police station to talk with the parents of the rider. While waiting, I looked at the sketch of the police investigator, and I can conclude that it was not the fault of our driver. I chatted with some of the police in the precinct and they also agree that it was the motorcycle's fault. But of course, they cannot decide upon themselves on who is at fault, they said only the court can do that.

When the parents arrived, I immediately asked the condition of the rider. They said he's conscious, but is still vomitting and complaining of stomach or chest pain. Good thing he's wearing helmet, else he might be dead on the spot.

They were asking for compensation for the hospitalization and for the damage of the motorcycle. I did not agree to this and told them I cannot do anything to help them since they were the ones at fault.

So they decided to seek legal action. The driver was detained and our truck
impounded.

* * * * *

The truck has comprehensive insurance. I know I can have the insurance pay for the accident. But a part of me don't want to do this. There has been a lot of times that when one of our trucks got involved in an accident, and was not at fault, and the other party is just a low income earner, be it jeepneys, tricycles, or motorcycles, I'll just let the insurance pay for it so I won't have anymore headaches.

But lately, 2 of our cars were hit by tricycles, and I really demanded them to pay at least the participation fee of my insurance. I don't want anymore to be the victim and yet the one shouldering the fault of the other party.

And I just felt that this particular accident tonight should not be any different. I did not ask for anything from them, just the release of my driver and the truck. But they want to go on and file for a case. So I just let them and we parted ways.

Now, another part of me is contemplating that I should have let the insurance shoulder their expenses since this accident involves a person.

But I also want to teach the rider a lesson not to drive fast and/or tail gate another vehicle. Shouldering their expenses will defeat this purpose.

Now, did I do the right thing?

[jimnyeatworld]

if your insurance can pay for it then bigay mo na. although kasalan ng driver, sya naman ang nasaktan. parang karma na din nya yun na-ospital sya. that alone siguro baka ma-trauma sya and teach the lesson that you want to convey

[niky]

The humane thing to do? I don't think so. But just? Absolutely.

If you give, it will be out of the goodness of your heart... but you should not be forced to pay for other people's mistakes. They can try to take it to court. But the fact that your truck was stationary and that the motorcyclist hit it at speed will sway the judge to your point of view. Better yet... if they take the wishy-washy "kawawa naman kami" route, explain that their actions deprived your driver of his livelihood for a time and traumatized him. And that you've already had to pay out of pocket to compensate your driver.

That should shut them up.

I've seen cases like these go to court. And if it's not a head on, they're going to lose. A family was trying to force my brother's friend to pay for the funeral (the kid who hit him had no helmet, no shoes, no license and was drag racing). Malaking abala sa iyo... but it'll cost them even more, and hopefully, before it gets to that, their lawyer will tell them it's a hopeless case.

[akosiempoy]

mahirap talaga na mapunta sa sitwasyon na you will need to go thru hassle in order to teach someone a lesson. Pero ganun talaga, it's up for you to choose, less hassle for you or less idiot on the road..

alalahanin na hindi porke't mas nakakabuti ang isang bagay ito ay nangangahulugang tama.

[artpogi]

Nabanas na si Boybi and I can understand that.

If you don't mind the hassle of court proceedings and all the other things that comes with it, then just let them file the case.

Sigurado talo yan.

[claRkEnt]

alalahanin na hindi porke't mas nakakabuti ang isang bagay ito ay nangangahulugang tama.

+1 on this.... also, at the start, it would be a bluffing game. They would soon realize that they wont get anything at the end and eventually, mas malaking mawawala sa kanila.

[cktlcmd]

Later, I went to the police station to talk with the parents of the rider. While waiting, I looked at the sketch of the police investigator, and I can conclude that it was not the fault of our driver. I chatted with some of the police in the precinct and they also agree that it was the motorcycle's fault. But of course, they cannot decide upon themselves on who is at fault, they said only the court can do that.

I think on the Police Report if you are the victim, you are labelled as Car A; and if you are the culprit, Car B. If any lawyers are reading... is this correct?

So... if you saw the Police Report as you stated and your truck is Car A, then let them file the case because you'll win regardless of whether you were right or wrong. That's the interpretation of the Police Investigator. He will back you up and give his support even in hell.

Now... if your truck is labelled Car B, then by all means... settle it immediately with your insurance for less headache.

But personally... if you are right... let them file the case to teach them a lesson.

Another point... if you get a Police Report without any label of Car A or Car B... then you are in deep S**T... because the Police Investigator did not want to go and testify in court, maybe he is a S**T head or too lazy... so he is leaving everything to be decided by the Judge. So here you might have to produce good witnesses to win the judge over and against the sympathy of the STUPID motor cyclist.

...

[vito corleone]

anghirap, ano? doing the right thing, or doing what's practical?

naturally, the parents' first instinct would be to try to get any "compensation" out of the misfortune that their kid just suffered, pero pag nag-isip sila, wala naman silang panalo

mas naaagrabyado yung driver nyo with the current situation, sa inyo, pera lang, sa kanya livelihood nya ang nawawala for not being able. . .i don't feel anything for the kid in the hospital, he has to learn a lesson--too bad for him, he has to learn it the painful way; but also good for him since he's still alive

sigh, the things that we have to put up with other people's stupidity. . .it really is "tyranny of the weak"

if i were in your shoes, i'd let them file a case if they want to--hindi naman sila aabot dun, for sure

good luck!

[boybi]

They have already filed for a case in court. The driver was released, but the truck is still with the police. But I was told I can file for the release of the truck. I haven't went to the police nor the court yet.

I was also advised to just let them file for a case in court. Because if I give in to their demands this early, they'll ask for more than what should be compensated.

[flakez]

feeling ko hindi rin magsasampa ng kaso yan. hayaan mo kung gusto nila. ang inaalala ko yung driver mo. kawawa din kasi nakulong ng walang kalaban-laban. kahit bigyan mo ng pera iba pa rin ung feeling na nakulong ka. hehehe.

pwede ba pyansahan ung driver? meron naman siguro...

[boybi]

feeling ko hindi rin magsasampa ng kaso yan. hayaan mo kung gusto nila. ang inaalala ko yung driver mo. kawawa din kasi nakulong ng walang kalaban-laban. kahit bigyan mo ng pera iba pa rin ung feeling na nakulong ka. hehehe.

pwede ba pyansahan ung driver? meron naman siguro...

Nakauwi na yung driver. Hindi naman sya nagstay sa loob ng rehas, sa bench yata sya natulog. This morning nung pinuntahan ko sya, nasa duyan sa labas ng presinto na sya nakatambay.

[flakez]

kung ganon ok naman na pala. hayaan mo na lang sila mag sampa kung gusto nila. i doubt na itutuloy pa nila yan. mukha naman decided ka na rin mag-ubos ng oras kung sakaling ituloy nila eh. hehehe.

[boybi]

Driver naman daw ang haharap kung sakaling ituloy ang kaso. So ok lang sa akin

[flakez]

hahaha. ayos pala eh. moral support ka na lang. haha

[nels76]

Kung medyo walang katinuan yong party ng Motorcycle at feeling nila matatalo sila sa Court Case, baka tumira yan ng pailalim - Either sunogin ang isa sa mga trucks niyo or hurt somebody in your family. May mga taong ganito ang ugali.

[vinj]

I assume your truck had its lights functioning and all? Since it happened in the evening, they can bring that up.

[khazpert]

hope next time everybody will be more careful. be sure to check your trucks signal lights since it a long vehicle dapat meron din itong signal lights at the middle for more visibility when turning left or right.

drive safely everybody...

[boybi]

I have to admit that this particular truck doesn't have side lights, but all the other lights are functioning well (front, rear, signal lights, brake lights).

The truck was already released. I filed for a Motion to Release and an Affidavit of Undertaking. Motion was granted just before 5PM

[niwde11]

swerte mo pa rin boybi nung kami binanga (pasahero ako) ng motor e nakulong ang driver kasi namatay yung angkas at malubha yung driver na walang lisensya na parehong walang helmet. awa ng dyos buhay yung manok na panabong na dala nila(nasa kahong parang bayong eh).:D
btw, naging practical na rin sa hulee kasi nakipag areglo na yung nakamotor kasi kahit namatay alam nilang tagilid sila at pyansa na lang wait ng friver eh.

and lastly di lang yung mga truck mo ingatan at baka gumanti. pati yung driver pag ingatin mo kasi pag nadisgrasya e malamang ikaw din ang gagastos.

[boybi]

We're now actually thinking of helping them a little financially. Would this in anyway be treated as a sign of guilt if the other party continue with their filing of a case?