Legal Advice... Please help

[Jaydee21]

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.

[stavros]

Hindi ba kayo nag take ng pictures ng scene?

[Jaydee21]

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.

[Picard]

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.

[bagugab]

try to see if there were some cctv camera in the area of the accident. it might be a big help.

[frake]

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.

[Prime A]

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!

[frake]

sir, possible ba makapag post ka ng pic dito? baka may makatulong sayo dito sa tsikot ng pwede mong i-depensa sa sarili mo.

[erj22]

yup, picture might help...

[111prez]

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

[Jaydee21]

thanks to those who replied on this thread. I think it is much better not to post any pic for private reason, hope you guys understand.

There are no third party witnesses as we may say(tambay sa lugar) since DaangHari is a Hi-way. There are no CCTV cameras along the road also. The only witnesses that I have are my passengers. Our "Sinumpaang Salaysay" is the only written documents both the drivers have to tell the story, but the police investigator told us that the document will only serve a great evidence in court.

[yapoy86]

sabi mo may stitches yung nabangga mo... so nasa hospital sya? kung ganon.. talo ka... kasi nasa hospital sya eh..

ganito technic.. pag na involve sa ganyan accident at walang aamin.. 1st thing to do is sabihin sa police investigator na mag punta na lang sa presinto at doon mag usap... pero ikaw wag ka pupunta ng presinto.. mag pa confine ka sa isang kilalang hospital.. sa kaso mo pwede ka sa ASIAN hospital (hindi pwede pumasok pulis dyan). 2nd na gagawin mag papunta ng kamag anak or kaibigan sa presinto bilang representative mo at doon mag file ka ng kaso sa pulis... kung mag file ng kaso yung isa mag file ka din mag counter file kayo ng case.. sa ganyang sitwasyon.. parehas kayo makukulong! right?? eh since nasa hospital ka.. hindi ka makukulong at hospital arrest kasi nga bawal sa asian ang pulis... so ikaw rest ka lang dun sa asian. tapos next day ka na mag piyansa (bail out) tapos sa court na kayo magkikita....

[dreamur]

In general, striking vehicle is at fault unless the other party comitted violations (i.e. expired license/registration, illegal turns, etc.). From your story, the other driver sustained injury so you must have been driving pretty fast and hit the other vehicle at a speed no less than 30 kph. There must be skid marks somewhere and if it is noted in the police report, the more difficult for you to defend your position. My advise is to let your insurance handle everything and you pay the participation fee. Daang-hari is a dangerous road with no traffic lights, signs and clear lane indicators. Bite the bullet and take it as a learning experience. HTH.

[shadow]

No need to post pics, pwede drawing na Lang sa paint then post it here

[Jaydee21]

V1 = ours
V2 = the other party


V1 driving in the inner lane of daang-hari around 80kph tops from point A to point B. When V2 on the outmost lane (grass part) suddenly made a turn making a U-Turn in a grass isle without proper signal nor hazzard. V2 is also facing the same as V1(facing point B) when it made a sudden U-Turn that made the collision.

So just imagine that there was a parked car in the grass part when it just move and made a U-Turn when you were fast approaching (since 80kph is fast) without proper signal and clearance. What will you do when you're two or three cars away from collision?

[chua_riwap]

mapsa in molino cavite?
di ba sa makati lang sila.

madalas akong dumaan diyan. dapat defensive ka lagi since maraming gunggong magmaneho diyan.

[Jaydee21]

V2 is not on the other lane. It is the parallel lane as mine. nakita ko sya sa outermost thought it was parked since nasa outside sya ng road.

MAPSA ticket was been given ng holy wednesday sa Makati ako naticketan. The incident happen ng Sunday

[chua_riwap]

V2 is not on the other lane. It is the parallel lane as mine. nakita ko sya sa outermost thought it was parked since nasa outside sya ng road.

MAPSA ticket was been given ng holy wednesday sa Makati ako naticketan. The incident happen ng Sunday

so natakbo siya from your right side, biglang kumaliwa para mag u-turn nang bigla-bigla, walang signal.
kaya ayun, na-hit mo siya sa driver's side.