questions on claiming insurance

**reinwald** · November 5th, 2010 10:21 AM

Originally Posted by vinj

I think that refers not to participation but to the depreciation on the parts of your car since you're getting OEM brand new parts. An option is to get replacement parts or surplus parts so you don't have to settle the depreciation on parts but only the participation fee.

hi so that means there 2 separate fees i have to pay? So all in all how much is this going to cost

**_Qwerty_** · November 5th, 2010 10:26 AM

check your policy.. for cars older than 3 yrs old.. you have to pay for your participation.. plus the depreciation on the parts.. check your policy for the percentage..

**reinwald** · November 5th, 2010 10:32 AM

Originally Posted by _Qwerty_

check your policy.. for cars older than 3 yrs old.. you have to pay for your participation.. plus the depreciation on the parts.. check your policy for the percentage..

yup.. 10years na yun car.. so 40%.. roughly how will i know how much will my participation fee will be?

**_Qwerty_** · November 5th, 2010 10:32 AM

participation mo siguro less than 3T.. tapos 40% nung parts replaced..

**reinwald** · November 5th, 2010 10:36 AM

Originally Posted by _Qwerty_

participation mo siguro less than 3T.. tapos 40% nung parts replaced..

oh i forgot to mention malayan pla insurance ko.. so yun 40%.. each parts yun? for example.. yun fee for parts only is P81,771.. so i have to pay 40% of this amount?

sakit sa ulo pla to

**vinj** · November 5th, 2010 01:10 PM

Yap. Participation + Depreciation.

Best is to get surplus or replacement parts as you wont have to pay for the depreciation. That's what i did with my recently damaged bumper and scratched headlight so all i'm paying for is my participation fee (Malayan Insurance also). The shop even allowed me to source the headlight on my own since i found a good piece up for sale from the Altis Club.

**reinwald** · November 5th, 2010 02:12 PM

Originally Posted by vinj

Yap. Participation + Depreciation.

Best is to get surplus or replacement parts as you wont have to pay for the depreciation. That's what i did with my recently damaged bumper and scratched headlight so all i'm paying for is my participation fee (Malayan Insurance also). The shop even allowed me to source the headlight on my own since i found a good piece up for sale from the Altis Club.

thanks for the reply.. where did you get your car repaired? and of course authorized shop connected with malayan yan right? yun sakin kc madami na cra.. rear bumper, trunk lid, rear trunk frame, left quarter panel, left back door, left brake lights

**jomzky** · November 12th, 2010 08:06 PM

My car was hit by a truck and my car insurance company paid 75K for the repair. Truck owner paid the participation fee.

Now, the insurance company sent a letter to the truck driver/owner that they need to pay the insurance company 70+K for the damages. Insurance company is saying that this is based on Article 2207 of the Civil Code, which reads:
"If the plaintiffs property has been insured, and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained of, the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the person who has violated the contract. . . ."

Question:
Is the truck driver and owner really need pay the 70+K considering that my car in on comprehensive insurance?
Can the truck use the TPL (paid upon registration at LTO) to pay the insurance claims?
Last,the owner of the truck died due to heart attack lately, is the insurance claim still valid(the driver of the when the accident happen was a staff of the truck owner)?

Thank you.

**mark_t** · November 13th, 2010 12:21 AM

Originally Posted by jomzky

My car was hit by a truck and my car insurance company paid 75K for the repair. Truck owner paid the participation fee.

Now, the insurance company sent a letter to the truck driver/owner that they need to pay the insurance company 70+K for the damages. Insurance company is saying that this is based on Article 2207 of the Civil Code, which reads:
"If the plaintiffs property has been insured, and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained of, the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the person who has violated the contract. . . ."

Question:
Is the truck driver and owner really need pay the 70+K considering that my car in on comprehensive insurance?
Can the truck use the TPL (paid upon registration at LTO) to pay the insurance claims?
Last,the owner of the truck died due to heart attack lately, is the insurance claim still valid(the driver of the when the accident happen was a staff of the truck owner)?

Thank you.

Since the truck owner is dead already then all his debts are settled.
But lawyers will try to collect. It is stupid really to collect from a dead person.
If someone would pay me in advance to try to collect from a dead person, I would.

Yes the truck can use TPL to pay the insurance claim. But I think you mean CTPL
as I would not issue a TPL cover to a truck. Nobody will in my opinion(in PHL)
We have just been hit by a truck this week and good thing they got comprehensive.

http://tsikot.yehey.com/forums/showthread.php?t=62513
.

**derf8666** · November 13th, 2010 04:28 PM

Originally Posted by jomzky

My car was hit by a truck and my car insurance company paid 75K for the repair. Truck owner paid the participation fee.

Now, the insurance company sent a letter to the truck driver/owner that they need to pay the insurance company 70+K for the damages. Insurance company is saying that this is based on Article 2207 of the Civil Code, which reads:
"If the plaintiffs property has been insured, and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained of, the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the person who has violated the contract. . . ."

Question:
Is the truck driver and owner really need pay the 70+K considering that my car in on comprehensive insurance?
Can the truck use the TPL (paid upon registration at LTO) to pay the insurance claims?
Last,the owner of the truck died due to heart attack lately, is the insurance claim still valid(the driver of the when the accident happen was a staff of the truck owner)?

Thank you.

1. the truck driver and/or the registered owner need to pay the actual damages as per terms of subrogation. Your insurance company only advanced the repair so that you, as their client, will not be inconvenienced.

2. No, the truck owner cannot use his CTPL to claim against the accident, since the CTPL is only a cover against third party BODY INJURY or death, not property damage

3. Yes, the claim is still valid. Since the driver was alive when the accident happened, hehe.. The liability will transfer to the registered owner. Thats why it is very important for you to change the registered owner if you already have sold your unit because you will be an accessory to the case if and when an accident or crime happened.