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  1. Join Date
    Feb 2012
    Posts
    7
    #1
    Hi guys,

    Hindi ko alam if there's an existing thread to ask for legal advice or if this is the right thread. Can I ask for opinions/advices regarding my scenario.

    Last Easter Sunday, I was involved in a car accident. I was driving along daang-hari coming from Emilio Aguinaldo going to Molino around 80kph. I was at the inner lane when all of a sudden there was this car who made a sudden U-Turn coming from the outermost lane. (facing the same direction of our car). I tried to step on the brake and sound the horn but to no avail, our cars collided. The bump of my car is on the right side of the front bumper while the other car is on the driver side. the driver of the other party got some stitches on the head.

    Based on the police Investigator we were the one at fault because we were the one who hit the other car but we insist that we are not because they made a sudden U-Turn that's why we collided. The police reports only shows the outcome of the accident so we have no proof that the other car made a U-Turn without proper clearance and no signal.

    Our stand was to have separate liabilities, the other party wants us to be the one responsible to all of the damages. They will file a reckless imprudence resulting to damage to property and serious physical injury...

    Now here's the problem:
    On our side:
    My license was confiscated by the MAPSA on holy wednesday and I only got a ticketed License.
    Our car is new and the car was release last March 8. The accident happened last April 8.
    The adjuster of our insurance also claimed that we are also the one at fault base on the police report.



    So any opinion regarding this matter, should we file counter charges against them even if one of the adjuster of the insurance claims that we're the one at fault.

    Totoo ba na ang batas natin ay nagbabase talaga sa "kung sino ang nakabangga, sya ang may sala" system?

    I need your advice guys.

  2. Join Date
    Jan 2011
    Posts
    445
    #2
    Hindi ba kayo nag take ng pictures ng scene?

  3. Join Date
    Feb 2012
    Posts
    7
    #3
    nagtake naman kami po ng pictures sir at the incident area pero base dun sa insurance namin kami daw ang may fault. >.< ewan ko lang po later kung ano sasabihin ng isa pang legal adjuster/arbiter (ata tawag doon) ng insurance namin.

    Can you give advice sir.

  4. Join Date
    Sep 2006
    Posts
    849
    #4
    Yes investigators will be limited by the actual scene of the accident. How it happened will be a different story since they were not there to witness the incident. Your best bet would be witnesses who can pinpoint and explain which vehicle was on the wrong lane. Hire a good lawyer to know your odds of winning a counterclaim.

    If it was a vehicle-pedestrian accident, the "kung sino ang nakabangga, sya ang may sala" system applies. But since two vehicles are involved, I think pwede mo naman yan ilaban.

  5. Join Date
    Feb 2009
    Posts
    118
    #5
    try to see if there were some cctv camera in the area of the accident. it might be a big help.

  6. Join Date
    Dec 2009
    Posts
    469
    #6
    sa police report po ba hindi sinabi nung nag sudden u-turn, na, nag sudden u-turn sya? ang alam ko two sides of story yan, then saka i-imbetigahan kung sino ang tama. Well it's just me. Much better mag-antay pa tayo ng pro.

  7. Join Date
    Dec 2011
    Posts
    44
    #7
    Quote Originally Posted by Jaydee21 View Post
    Hi guys,

    Hindi ko alam if there's an existing thread to ask for legal advice or if this is the right thread. Can I ask for opinions/advices regarding my scenario.

    Last Easter Sunday, I was involved in a car accident. I was driving along daang-hari coming from Emilio Aguinaldo going to Molino around 80kph. I was at the inner lane when all of a sudden there was this car who made a sudden U-Turn coming from the outermost lane. (facing the same direction of our car). I tried to step on the brake and sound the horn but to no avail, our cars collided. The bump of my car is on the right side of the front bumper while the other car is on the driver side. the driver of the other party got some stitches on the head.



    So any opinion regarding this matter, should we file counter charges against them even if one of the adjuster of the insurance claims that we're the one at fault.

    Totoo ba na ang batas natin ay nagbabase talaga sa "kung sino ang nakabangga, sya ang may sala" system?

    I need your advice guys.

    Yun Bro ang problema, kung nguso sa nguso sana ang bangga ay maliwanag na individual liabilities ang mangyari. Since nasa driver side na yung bangga mo sa kanya ay mas lamang na s'yo yung responsibility. Pwera na lang kung may guhit na galing sa bumper to driver side na pwedeng maging "collision", pero kung "impact" sa driver side, so yung nag-cause ng impact ang may responsibility.


    Besides, galing sya sa kanan kaya mas favor sa kanya ang right-of-way. Unless, may ibedensya ka kagaya ng nabanggit na magpapatunay na obstruction, violating traffic rules (lalo na kung may designated u-turn slot dyan)...

    Anyway, insurance mo naman mananagot dyan plus yung corresponding participation mo in excess sa contract ng insurance.
    (kaya kung uupa ka ng abogado, 15k na agad ang minimum initial fee, plus per hearing pa, abala...etc)

    Its your call & judgement now!

  8. Join Date
    Dec 2009
    Posts
    469
    #8
    sir, possible ba makapag post ka ng pic dito? baka may makatulong sayo dito sa tsikot ng pwede mong i-depensa sa sarili mo.

  9. Join Date
    Aug 2011
    Posts
    564
    #9
    yup, picture might help...

  10. Join Date
    Jul 2004
    Posts
    7,714
    #10
    everything is always disputable - even a police report

    you can contest the findings of your insurance

    if it gets to court, even the judge can overrule/overturn the findings of the police report and adjuster

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Legal Advice... Please help