What's TPL?

[kinyo]

^ abogado lang makakatulong sa inyo ... at malamang sasabihin ng abogado hwag pansinin ... dedmahin lang

[Juan Martinez]

Good day sa inyong lahat. May question lang po ako totally walang alam sa car insurance policies (honestly i just registered to ask, sorry)
eto po yung sitwasyon.
Last december 2014 may naatrasan ang kapatid ko habang paalis sya sa talyer. May nakapark na bagong bagong starex sa likod nya, naatrasan nya at nadamage ang bumper. At dahil doon, nakipagsettle sya sa may ari ng starex kung saan pinagbayad sya ng 21k kapalit ng isang letter na yun daw ang participation fee nya. Akala namin ok na ang lahat. Months later may natanggap sya na sulat mula sa lawyer ng insurance ng starex na nabangga nya, at sinisingil sya ng amount na 118,900 pesos. Nung nagpunta sya sa lawfirm na naghahabol pinakita pa daw sa kanya nung lawyer ng insurance company ang lahat ng expenses na nagastos ng insurance at kopya ng nirelease nilang cheke para sa claim.
Gusto ko lang itanong kung ganito ba talaga ang proseso ng insurance? Kung may TPL ang kotse ng kapatid ko, maaari ba na magclaim kami para makabawas sa babayaran? Dapat ba na magbayad talaga? Pasensya na wala po ako alam dito at ang kapatid ko. Di lang namin alam kung ano ba ang tamang hakbang na gagawin. Definitely too much para sa amin ang amount na hinihingi nila.
Salamat po sa mga makakasagot.

-joan

Under Article 2207 of the Civil Code, if the plaintiff's property (starex in this case) has been insured, and he has received indemnity from the insurance company for the injury or loss arising out of the wrong complained of, the insurance company shall be subrogated to the rights of the insured against the wrongdoer.

Ito yung tinatawag ni *Insuranceexpert na “principle of subrogation.” In other words, subrogation is a right of the insurance company to go after the person who is at fault for reimbursement of the amount it paid to the insured vehicle.

Pero ang nangyari sa kaso po ninyo ay AFTER nagbayad yung kapatid mo ng Php21,000 as a settlement for the damage done on the Starex, the owner claimed with the insurance company on the “loss or damage clause” of his comprehensive policy, instead of “own damage” para participation fee na lang yung bayaran niya kay insurance company. That was why, nung pumunta yung kapatid mo sa opisina ng lawyer ng insurance company ipinakita nila sa kapatid mo yung list of expenses at yung“kopya ng nirelease nilang cheke para sa claim.”
HINDI PO PUEDE YAN kasi, no one should unjustly enrich himself at the expense of another. Sabi nga eh, a contract of insurance is a contract of indemnity. Sa tagalog, yung “indemnity” ay pagbabayad ng nasira o pagsasauli. Kung ganun man, wala na palang karapatan mag claim pa si owner sa insurance company kasi bayad na siya, binayaran na siya ng kapatid mo. Pero ang problema, nagbayad na pala si insurance company kay owner. Dahal kasi may karapatan din yung insurance company na maningil sa sayo (because of the principle of subrogation), mapipilitan ka talagang magbayad. PERO may karapatan ka ring mag file ng kasong sibil laban kay owner (for the payment of the amount you would pay to the insurance company, just in case). Puede ka rin magfile ng Other Deceit under Article 318 of the Revised Penal Code. Mas maganda itong criminal na kaso para magamit mo as leverage against the starex owner. may imprisonment yan (aresto mayor).

Yung “Other Deceit” under Article 318, sabi ng Korte Suprema in Guinhawa vs. People of the Philippines (G.R. No. 162822 August 25, 2005): includes any kind of conceivable deceit other than those enumerated in Articles 315 to 317 of the Revised Penal Code. It is intended as the catchall provision for that purpose with its broad scope and intendment. MAGULANG ITONG SI OWNER, DINAYA KA. KRIMINAL IYAN.
I hope this helps. Thank you.

[shadow]

Wala yan, baka collecting agency Lange yan, law firm my ass

[Syuryuken]

block lang nyo yung number ng hindi na makapagtext sa inyo. kung legit yan hindi sila makikipaghaggle sa pinapabayaran sa inyo.

[JJ All Day]

Ang saklap naman nyan!

First, it appears, based on your narration, that the Starex is insured. If it is insured, there is this thing called PARTICIPATION FEE. This is a fee which must be paid by the policyholder to the insurance company whenever the insured vehicle is involved in an accident and the policyholder will claim from the insurance company - irregardless if the accident was caused by the insured vehicle or not.

Second, if the policyholder will claim from the insurance company, he/she must submit a document stating the details of the accident. This document may be in the form of a POLICE REPORT (which is typically submitted if the accident was caused by the insured vehicle) or an AFFIDAVIT (if the accident was not caused by the insured vehicle).

Third, for accident not caused by the insured vehicle, the insurance company will definitely RAN AFTER THE REGISTERED OWNER of the third-party vehicle, which seems to be your case.

The common misconception for owners of third-party vehicle is that when they hit an insured vehicle, they will also become free of financial liability. In fact, they are liable (1) to the policyholder for reimbursement of participation fee and other damages (if demand) and (2) to the insurance company for reimbursement of expenses incurred (to restore the damage sustained by the insured vehicle).

Between the policyholder (of the insured vehicle) and the registered owner (of the third-party vehicle), the former (policyholder), of course will mind only about the participation fee.

My thoughts:

(1) The P21K seems too much for a participation fee.
(2) The actual participation fee paid by the policyholder should be deducted from the total amount incurred for the damages.

Lastly, naiwasan nyo sana 'to, if after paying the P21K, inaassure ng kapatid mo na wala na syang additional cost na babayaran. How can this be? This is where negotiation comes in. The policyholder, since hiningan ka na ng P21K (which I think is too much for a participation fee), should have submitted instead an AFFIDAVIT FOR OWN DAMAGE (that he/she was the caused of the accident).

In short, naisahan ka nung policyholder!!!

[JJ All Day]

That demand may not be legit, at this moment.

But the time na makareceive ka na ng demand letter, this is where the bigger problem begins.

Let's not set aside that fact that there is indeed and accident and that accident was caused by her sibling.

The mere payment of P21K, if not properly documented and worded, may not be a QUITCLAIM or WAIVER.

[maki mi]

Demand thru text? Nak nang... tama si shadow, law firm our ass

Yeah deadmahin nyo ang text, it will only incriminate you further, wait and see if they will send a formal demand letter, if they do, wait again if they will send another, and if they still do, wait again if they will send a final one hehehe...

But seriously, consult a lawyer friend na rin just in case

[red_one]

*bam0522: If you are referring to the cTPL na prerequisite for registration of vehicle, then hindi mo ito pwede gamitin for damages to vehicle. For death or bodily injury of third party lang siya.

Some info from a car insurance company website:

What is a Third Part Liability (TPL)?
Third Party Liability is car insurance that covers against death and or bodily injury to any third party, in an accident caused by or arising out of the use of the insured vehicle. This coverage is subject to the schedule of indemnities and is a prerequisite in the registration of vehicles.

What are the benefits covered under TPL insurance?
It generally covers people during an accident. The company will pay all the affected third parties.
It covers the liability of the insured in respect of the bodily injury and/or death of any THIRD PARTY in an accident caused or arising out of the use of the insured vehicle.

How does TPL’s work?
If you are involved in an accident your TPL insurance will cover you against the liability. It is primarily intended to provide compensation for the death or bodily injury suffered by an innocent third party as a result of the operation and use of vehicle. It assures the victim and or his/her dependent/s of immediate financial assistance, regardless of the financial capacity of the vehicle owner.

During an accident, are the people inside the car covered by TPL?
No, only if an optional Coverage of Auto Personal Accident has been included in the agreed policy package.

What type of insurance shall pay for damages to my car?
If you want to cover your car from any damages, you may upgrade your premium into fully coverage. The company offers the Comprehensive Third Party Liability. This policy covers all the identified risk that you, as a car owner, could be subjected too.

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*bam0522: If you are referring to the cTPL na prerequisite for registration of vehicle, then hindi mo ito pwede gamitin for damages to vehicle. For death or bodily injury of third party lang siya.

Some info from a car insurance company website:

What is a Third Part Liability (TPL)?
Third Party Liability is car insurance that covers against death and or bodily injury to any third party, in an accident caused by or arising out of the use of the insured vehicle. This coverage is subject to the schedule of indemnities and is a prerequisite in the registration of vehicles.

What are the benefits covered under TPL insurance?
It generally covers people during an accident. The company will pay all the affected third parties.
It covers the liability of the insured in respect of the bodily injury and/or death of any THIRD PARTY in an accident caused or arising out of the use of the insured vehicle.

How does TPL’s work?
If you are involved in an accident your TPL insurance will cover you against the liability. It is primarily intended to provide compensation for the death or bodily injury suffered by an innocent third party as a result of the operation and use of vehicle. It assures the victim and or his/her dependent/s of immediate financial assistance, regardless of the financial capacity of the vehicle owner.

During an accident, are the people inside the car covered by TPL?
No, only if an optional Coverage of Auto Personal Accident has been included in the agreed policy package.

What type of insurance shall pay for damages to my car?
If you want to cover your car from any damages, you may upgrade your premium into fully coverage. The company offers the Comprehensive Third Party Liability. This policy covers all the identified risk that you, as a car owner, could be subjected too.

[Insuranceexpert]

Insurance company has thing called "principle of subrogation" meaning assured must give the insurance company a chance to recover for what they have paid the assured in advance.
Basically both parties might not understand insurance. JJ all day's statement are correct.
The best solution *bam0522 is to get back on the starex owner and ask for help and transparency. Show them the demand letter or texts from the insurance company and ask nicely to have it waived since you've paid them already. best if you can show also the receiving copy of the cash.

[JJ All Day]

Insurance company has thing called "principle of subrogation" meaning assured must give the insurance company a chance to recover for what they have paid the assured in advance.
Basically both parties might not understand insurance. JJ all day's statement are correct.
The best solution *bam0522 is to get back on the starex owner and ask for help and transparency. Show them the demand letter or texts from the insurance company and ask nicely to have it waived since you've paid them already. best if you can show also the receiving copy of the cash.

At this point, you can no longer wrong the right. The insurance company is already informed of the actual incident. They will definitely take action to recover.
The best thing to do is to negotiate. Otherwise, you can run but you can't hide!

I don't know how to make this effective but the best arguement would be "YES, IT'S MY FAULT BUT THERE IS ALREADY A SETTLEMENT MADE. WHEN I PAID P21K, I WAS UNDER IMPRESSION THAT THE AMOUNT IS ENOUGH TO COVER ALL THE DAMAGES. THUS, I AM NOT WILLING TO PAY MORE." This may shift the pressure to the other party because, knowing that his/her car is insured, he/she should have let the insurance company handle the case. He/she should not have asked for that P21K, especially if you can prove that this amount is SIGNIFICANTLY HIGHER THAN THE ALLEGED PARTICIPATION FEE (which I think it is).

Langhiya, kumita pa yung naningil sa'yo pag nagkataon! Dahil for sure baka less than P5K lang binayaran nya sa insurance company as participation fee.

[Juan Martinez]

^ as an addendum, i agree with *red_one, you can't use the TPL in your case. TPL applies only to personal or bodily injury. thank you.

[jaggerx3]

Wala din ako problema sa LTO FTI nung sa bank ako ngbayad g tpl from Mapfre

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[jeffvasquez28]

Paps pano ka kumuha ng Mapfre TPL? Balak ko yun na rin kunin since yun din yun existing TPL ko. Alam ko sa Las Piñas ata office nila e.

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[nhiecah_nice29]

Paps pano ka kumuha ng Mapfre TPL? Balak ko yun na rin kunin since yun din yun existing TPL ko. Alam ko sa Las Piñas ata office nila e.

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Sir Mapfre office is located in G/F JJACCIS Building Acacia Avenue, Madrigal Business Park, Ayala Alabang, Muntinlupa po. Copy lang po ng ORCR yung requirement.

[jeffvasquez28]

Sir Mapfre office is located in G/F JJACCIS Building Acacia Avenue, Madrigal Business Park, Ayala Alabang, Muntinlupa po. Copy lang po ng ORCR yung requirement.

Thanks po. Paano po pala yun date of coverage ng TPL? Balak ko kasi magrenew in advance. From May, magrenew na agad ako by April. Pwede kaya pabago yun coverage date sa policy pag kumuha ako earlier than car registration renewal due date?

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[dr. d]

Thanks po. Paano po pala yun date of coverage ng TPL? Balak ko kasi magrenew in advance. From May, magrenew na agad ako by April. Pwede kaya pabago yun coverage date sa policy pag kumuha ako earlier than car registration renewal due date?

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my insurance agent usually follows the previous insurance expiration date, po. you just have to show them your old policy. the LTO accepts it naman.

[jeffvasquez28]

my insurance agent usually follows the previous insurance expiration date, po. you just have to show them your old policy. the LTO accepts it naman.

Thanks sir.

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[rodetor]

Kung out of warranty na ang vehicle mo ( 6 years more of age ), kahit mag TPL ka na lang, na endorse ng mga LTO. Kung ang hanap mo ay Legit Company talaga para sa CTPL, hahanap ka talaga nang Insurance Company.

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[dreamur]

Just get it from accredited insurance agents of the LTO para hindi ka na papahirapan pa.

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[papi smith]

Fed Phoenix or Mapfre, P625 lang, sa LTO P1,200, yung matitipid mo pang emission test, tip at sop drinks