Do I have violation?

[6thgenaccord]

Just want to make sure bago ko gamitin to as evidence. Im the one driving the white pickup truck. My concern is medyo nasa kabilang lane ako para bumwelo papasok ng drive thru, kasi hindi kasya mahaba yung pickup. Although naka flasher nako. Thanks.
https://drive.google.com/file/d/1Zcl...ew?usp=sharing

[yapoy86]

Just want to make sure bago ko gamitin to as evidence. Im the one driving the white pickup truck. My concern is medyo nasa kabilang lane ako para bumwelo papasok ng drive thru, kasi hindi kasya mahaba yung pickup. Although naka flasher nako. Thanks.
https://drive.google.com/file/d/1Zcl...ew?usp=sharing

No violation on your part sir.. changing lane is allowed naman..
The truck should slow down.. nandun pa sya sa gitna ng line eh

[coiter]

Just want to make sure bago ko gamitin to as evidence. Im the one driving the white pickup truck. My concern is medyo nasa kabilang lane ako para bumwelo papasok ng drive thru, kasi hindi kasya mahaba yung pickup. Although naka flasher nako. Thanks.
https://drive.google.com/file/d/1Zcl...ew?usp=sharing

i dunno if may violation yung nasa ginta ka ng 2 lanes then slowing down to turn right but definitely the truck driver braked after ka na niya mabangga. it doesn't seem din that you made a sudden brake. distracted o tulog siguro driver ng truck.

[gearhead000]

I think wala naman siya violation, especially madaling-araw na yata iyan so not really causing any inconvenience to anyone.

Yung mga trailer trucks nga kung lumiko kain pati kabilang linya - yung opposing side ng traffic.

Baka nakatulog yung driver ng kabilang sasakyan.

[dr. d]

Just want to make sure bago ko gamitin to as evidence. Im the one driving the white pickup truck. My concern is medyo nasa kabilang lane ako para bumwelo papasok ng drive thru, kasi hindi kasya mahaba yung pickup. Although naka flasher nako. Thanks.
https://drive.google.com/file/d/1Zcl...ew?usp=sharing

unless it can be shown that you backed up, he can't sue you.
the person bumping your behind is the default violator.
"the driver behind is duty bound to drive far enough away from the vehicle in front, so as to be able to break safely when called upon."

[papi smith]

unless it can be shown that you backed up,
the person bumping your behind is the default violator.
"the driver behind is duty bound to drive far enough away from the vehicle in front, so as to be able to break safely when called upon."

Yeah, that's why anyone who bumps someone and shouts "biglang preno ka kasi!" is a stupid dumbass.

[dr. d]

Yeah, that's why anyone who bumps someone and shouts "biglang preno ka kasi!" is a stupid dumbass.

i have been rear-ended twice, in my life.

the first was a drunk driver.
i just walked away.
you can't have a decent conveersation with someone who's had one too many.

the second was a puj driver, who thought i was a jackrabbit like he was, once the light turned speedway-green.
i also walked away.

both times,
my car was a literal bucket of bolts not worthy of a tuason job.

[papi smith]

That's the thing, we really have to be extra careful and on the lookout for those public utility vehicles because you can't squeeze anything from the driver.

[gearhead000]

And of course those pesky motorcycle kamote riders. Kapag nakabangga kamot lang ng ulo.

Almost the same kind of incident as the OP happened to me nung kasagsagan pa ng pandemic.
It involved an LPG delivery motorcycle rider naman around 3pm if I remember right.

(You may click on this link below for a full context of the location).
LTO Cubao Mirasol cor. 20th Avenue Google Street View

Pakaliwa naman ako from 20th Ave. going to Mirasol St. coming from P. Tuazon sa Cubao, True QC.
I stopped as there are opposite traffic with my front tire on the other half of the divider already.
Kung baga I was "closing the gap" so to speak para nga wala nang sumingit pa sa left side ko.

Once nakalagpas na yung last car on the opposite side, I moved and turned to cross to Mirasol na nga.
Suddenly a loud "B-L-A-G" which of course greatly startled me... and then I saw this rider and his bike on the ground.
The loud sound came from him, the motorbike, and his LPG tank hitting the side of my car all at the same time.
Isipin mo yun, mag-overtake na nga lang nag-counterflow pa na sobrang napakaluwag naman sa kanan.
20th Ave. is a 4-lane road pero it's so wide that it can fit 6 cars abreast kung sobrang ma-traffic talaga.
But since pandemic pa nga noon kokonti lang ang sasakyan as with the OP since madaling-araw nga yung sa kanila.

Habang bumababa ako to look at what happened, here comes a motorcycle cop also who I'm sure saw all that just transpired.
So once he and I has parked at the side of the road ako kaagad nilapitan niya at tinanong kung ano ang balak ko.
I was just thinking about all the hassle - punta police station, file ng report, singilan blues na baka hulugan pa kung swertihin.
Assessing the damages, I made an instant calculation of about 10k++ worth with the door taking the major brunt of the collision.
Even at the time of getting up, very apologetic naman kaagad si rider dahil kahit saang anggulo mo tingnan siya talaga ang may kasalanan.
So I just decided on not pressing any more charges since I reckon it will not be worth all the time and aggravation of follow ups and such.
Since TPL lang naman ako lagi, I calculated the savings through the years can cover the resultant out of pocket expenses.

Although 3 panels were affected, I was just so elated na hindi nasira yung left side mirror ko kahit bumaliktad nung tinamaan.
After righting the mirror assembly, I immediately tested it and it still works fine and thankfully without suffering any scratches.
If he had taken off my side mirror which will necessitate a major repair/replacement, I surely would have went for his ass like a pit bull.

Ultimately, total expenses amounted to around 12k but it also covered the hood dented by falling detritus from parking under trees for shade.
My only regret is not pressing the guy what he was thinking bakit niya naisipan sa kaliwa ko pa dumaan ng napakaluwag naman sa kanan.
The mind of these a**holes I can never understand so it was a chance for me to peer into their thought process sana.

[ice15]

Involved in Accident!

although based on my personal experience... pagawa mo na lang car mo and just be happy that no one was injured.

I don't think may insurance yung bumangga syo.
I don't think may pambayad yung driver syo.

The truck owner might offer na may shop sila na kaya gawin car mo - wag ka papayag.

***

you have the right to hit the brakes and stop whenever/wherever
the vehicle behind you should also stop

technically, wala kang ginawang mali, pero I don't think may aasahan ka sa bumangga syo.

[ray_noel]

Involved in Accident!

although based on my personal experience... pagawa mo na lang car mo and just be happy that no one was injured.

I don't think may insurance yung bumangga syo.
I don't think may pambayad yung driver syo.

The truck owner might offer na may shop sila na kaya gawin car mo - wag ka papayag.

***

you have the right to hit the brakes and stop whenever/wherever
the vehicle behind you should also stop

technically, wala kang ginawang mali, pero I don't think may aasahan ka sa bumangga syo.

If we follow the law, sa rehas uwi ni driver if hindi nya ma settle yan… if the truck is company own and commercially use, for sure my insurance yan…

Singilin mo ng danyos perwisyo ayon sa kasundu.an nyo sa traffic police…


Sent from my iPhone using Tapatalk

[ice15]

If we follow the law, sa rehas uwi ni driver if hindi nya ma settle yan… if the truck is company own and commercially use, for sure my insurance yan…

Singilin mo ng danyos perwisyo ayon sa kasundu.an nyo sa traffic police…


Sent from my iPhone using Tapatalk

based on the first post sa thread... looks like walang police na dumating after the accident... otherwise sasabihin na nung police na may violation sya

not all commercial vehicles have comprehensive insurance

[ray_noel]

based on the first post sa thread... looks like walang police na dumating after the accident... otherwise sasabihin na nung police na may violation sya

not all commercial vehicles have comprehensive insurance

Not neccesarry compre insurance but at least their insurance has bodily injury, property damage, personal accident, among others…. As being commercially use…


Sent from my iPhone using Tapatalk

[6thgenaccord]

May police report po yan, walang recorded violation on our part, pero we ended up on the exit part of the drive-thru kaya di na nakita ng police kung san kami nabangga, also the truck is company owned kaya ilalaban ko kasi liability ng company yung palpak nilang driver at sa kanila na galing na yung iba nilang driver naaksidente narin few times. Ayoko ipitin yung driver kasi alam kong wala akong mapipiga, kaya yung owner ng company ang kakasuhan ko, pero pilit madadamay si driver. Just like what the other guy posted, they offered us na sila na magpapagawa kasi may kilala daw sila, pero sabi ko my pick-up is casa maintained kaya hindi po kami papayag na sa kung saang talyer nyo lang dadalhin. After that wala nakong narinig from them, kahit sinabi ko na nakakasuhan ko na sila at lahat ng magagastos ko sa attorney, sisingilin ko sa kanila, no response parin. Anyway, I appreciate everyone's post, if you guys could share more of your experiences lalo na kung may attorneys involved na, feel free to do so, so I can learn a thing or two. Thank you.

"It is a violation against negligent hiring through Article 2176 of the new civil code of the Philippines and protection against negligent hiring through Article 2180 which states that not only is the person who committed the quasi-delict liable, but also those that are responsible for this person, i.e. their employer. Employers are responsible for the damage caused by their employees when the employee was doing something related to the company."

[yapoy86]

singilin mo na lang insurance.. get the police report.. then pagawa mo sa casa.. para palit lahat.. wala ka dapat bayaran na participation dyan kasi not own damage naman.. kung meron babayaran dapat yung parts depreciation lang

[Ry_Tower]

i dunno if may violation yung nasa ginta ka ng 2 lanes then slowing down to turn right but definitely the truck driver braked after ka na niya mabangga. it doesn't seem din that you made a sudden brake. distracted o tulog siguro driver ng truck.

If you slowed down, with turn signal on and slowly changed lane, wala ka na violation since walang no change lane rules naman dyan. Clearly the truck driver was not driving properly as he should have slowed down since merong signal laight nasa unahan.

Nag-akala yang truck driver na mabilis ang pagpasok ng pick-up. Plus tama si dr. d, the one who bumped your rear is the default violator, may 3 second rule kasi or "keep your distance" principle diba. Obviously not implemented by the truck driver.

[Ry_Tower]

May police report po yan, walang recorded violation on our part, pero we ended up on the exit part of the drive-thru kaya di na nakita ng police kung san kami nabangga, also the truck is company owned kaya ilalaban ko kasi liability ng company yung palpak nilang driver at sa kanila na galing na yung iba nilang driver naaksidente narin few times. Ayoko ipitin yung driver kasi alam kong wala akong mapipiga, kaya yung owner ng company ang kakasuhan ko, pero pilit madadamay si driver. Just like what the other guy posted, they offered us na sila na magpapagawa kasi may kilala daw sila, pero sabi ko my pick-up is casa maintained kaya hindi po kami papayag na sa kung saang talyer nyo lang dadalhin. After that wala nakong narinig from them, kahit sinabi ko na nakakasuhan ko na sila at lahat ng magagastos ko sa attorney, sisingilin ko sa kanila, no response parin. Anyway, I appreciate everyone's post, if you guys could share more of your experiences lalo na kung may attorneys involved na, feel free to do so, so I can learn a thing or two. Thank you.

"It is a violation against negligent hiring through Article 2176 of the new civil code of the Philippines and protection against negligent hiring through Article 2180 which states that not only is the person who committed the quasi-delict liable, but also those that are responsible for this person, i.e. their employer. Employers are responsible for the damage caused by their employees when the employee was doing something related to the company."

Tama yan, if insolvent si driver, the owner is obliged by law to pay you. Siya na bahala maningil sa driver pero ikaw dapat bayaran ng company. Kasama sa anticipated business losses mga ganyang situation. The law presumes that the businessman or owner can handle the financial burden more than the lowly driver.

But as yapoy said, if may warranty pa from insurance, ipasok mo dun at kung may babayaran singilin mo sa company. If magmatigas, sa Barangay ka muna punta para i-pressure nila na bayaran ka. If not, then kaso talaga yan at actual damage, exemplary damage, moral damages at attorney's fee habulin mo nga. Sa actual damages pati yung pagrent mo ng ibang kotse if kelangan mo talaga habang pinapagawa yung tama mo pwede isama.

[6thgenaccord]

Tama yan, if insolvent si driver, the owner is obliged by law to pay you. Siya na bahala maningil sa driver pero ikaw dapat bayaran ng company. Kasama sa anticipated business losses mga ganyang situation. The law presumes that the businessman or owner can handle the financial burden more than the lowly driver.

But as yapoy said, if may warranty pa from insurance, ipasok mo dun at kung may babayaran singilin mo sa company. If magmatigas, sa Barangay ka muna punta para i-pressure nila na bayaran ka. If not, then kaso talaga yan at actual damage, exemplary damage, moral damages at attorney's fee habulin mo nga. Sa actual damages pati yung pagrent mo ng ibang kotse if kelangan mo talaga habang pinapagawa yung tama mo pwede isama.

Comprehensive insurance expired last year at sa tingin ko wala rin silang insurance kaya nagsesettle sila to have it repaired somewhere else. Kapag ba hindi nagpakita si company owner during hearing, pwede ba syang damputin ng pulis?

[Ry_Tower]

Comprehensive insurance expired last year at sa tingin ko wala rin silang insurance kaya nagsesettle sila to have it repaired somewhere else. Kapag ba hindi nagpakita si company owner during hearing, pwede ba syang damputin ng pulis?

Hindi pwede since hindi naman criminal case yan. Civil case lang.

Pumayag ka na sa pagawa sa ibnag tlayer at hindi sa kasa pero sa tlayer na kakilala mo dapat. Kasi baka lokohan yung sa kanila. Mas safe kung ikaw pipili ng talyer unless pipirma sila sa kasunduan na maayos ang paggawa at pwede mo ibalik if sablay. Minsan kasi may suking tlayer yan at siyempre makaka-discount sila dun. But tignan mo muna talyer nila na iaalok if maayos.

Replacement parts if ilaw lang pwede na yung class A na maayos na brand kahit hindi na OEM since mahal sobra yun. Pero if bago-bago pa sasakyan mo, you can insist na brandnew at orig parts ipalit.

[Stigg ma]

Just want to make sure bago ko gamitin to as evidence. Im the one driving the white pickup truck. My concern is medyo nasa kabilang lane ako para bumwelo papasok ng drive thru, kasi hindi kasya mahaba yung pickup. Although naka flasher nako. Thanks.
https://drive.google.com/file/d/1Zcl...ew?usp=sharing

ang laki naman ng bwelo mo para maka pasok sa drive thru, kung ako yan hahanap nalang ako ng iba drive thru kung alam ko hindi kakayanin ng sasakyan kaysa maka abala sa iba, may ibig sabihin kase minsan na not meant to be at wag na ipilit...