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motorcycle accident

Discussion in 'Expat Section' started by kelpguy, Jan 24, 2022.

  1. kelpguy

    kelpguy DI Senior Member

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    on 19 jan 2022, i was rear ended by another mc and i suffered multiple fractures and dislocations in my left hand. a mess!

    the person that hit me, call him r2, and i had a short conversation at the accident scene and again at the hospital and he agreed to take full responsibility for the accident and pay half of my medical expenses.

    i was scheduled for an operation on 22 jan but the procedure was canceled because, when admitting to the hospital, i tested covid positive and now i'm in home isolation.

    -----------------------------------------------------------------
    i live alone and i'm not totally understanding what is going on, for instance;
    the bikes are being held by the Sibulan police dept and, if i'm understanding correctly, r2 and i need to meet at the police station and make an agreement before the police will release our bikes but i've yet to know what this agreement is about. is it simply a statement from both parties about the accident?


    and... now i'm wondering if i should get a lawyer to represent me in negotiations to make sure r2 holds up his responsibilities.

    does anyone any experience/advice?

    what about the mc insurance policy that i got with the smoke test? is that good for anything in this situation? my copy of that is with the bike.

    thanks...
     
  2. danbandanna

    danbandanna DI Forum Patron Highly Rated Poster Showcase Reviewer Veteran Marines

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    cannot comment on your questions just wanted to say hope you heal quickly ...
     
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  3. Dutchie

    Dutchie DI Senior Member Showcase Reviewer Veteran Army

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    Assuming the police report confirms that the accident isn't your fault but that of the other party, then it is not your insurance that matters, but the other person's insurance might matter, especially if the responsible party can't cough up your medical expenses and damage to your bike. If he doesn't have insurance, then that is a red flag regarding his financial status.

    If there is no police report, then you better get one made asap.
    Obviously, if the other party assumes responsibility, the police report will be easy.
    I don't know what the procedure is regarding the impounded bikes. If you are unsure about the other party fulfilling their obligations toward you, and if the other person's bike has some value, then it might be a plan to insist that his bike stays impounded until his debt to you is settled.
     
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  4. Show Pony

    Show Pony DI Forum Patron Highly Rated Poster Showcase Reviewer

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    Since R2 was at fault he should pay ALL your medical expenses and the repair cost of your motorcycle. You should blotter the incident and get R2 to detail what he is willing to do. It best to get payment from him before releasing the motorcycles.
     
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  5. OP
    OP
    kelpguy

    kelpguy DI Senior Member

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    thanks for the advice guys, i'm working on getting an authorized rep to deliver my accident report but it's looking like there isn't a 100% working print shop in town. <sigh>
     
  6. Dutchie

    Dutchie DI Senior Member Showcase Reviewer Veteran Army

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    There's a pretty good printshop opposite the main entrance of Foundation University which is open and functional
     
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  7. SkipJack

    SkipJack DI Senior Member

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    I don't know.
    I hope you recover your health and expenses soon.
    When you have finished and have learned how the system works, please update us.
     
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  8. john boy

    john boy DI Forum Luminary Highly Rated Poster

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    May I add my good wishes, hope you solve the situation satisfactorily.
     
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  9. OP
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    kelpguy

    kelpguy DI Senior Member

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    hi guys,
    i'm still working on the police report; it's hard being unfamiliar with this kind of situation so i'm asking for some more guidance.

    i have a copy of r2's unfiled police report and it agrees with mine; i dunno what hit me.
    i don't know if he has insurance but he claims he was working and riding a company bike at the time of the accident.

    besides, the accident being no fault of my own (i was rear ended), what would be the term for the difficulties of the loss of use of my hand for several months, skin grafts and no guarantee of a 100% functional hand in the future and who knows what else. can't sleep, nervous, aches and pains from hitting the concrete rd, etc?

    thanks again guys!!!
     
  10. Dutchie

    Dutchie DI Senior Member Showcase Reviewer Veteran Army

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    In the USA you'd probably get a lawyer and sue the hell out of the other party's insurance if they don't come up with a fair offer.
    Here however, I'm thinking most if not all insurance companies limit their liability in the smallprint of their policies to no more than the damage to the bike and to other property (clothes etc.), the both of those together afaik limited to a maximum lump sum of 100,000 Php.
    Separate from that there's a schedule of payments for hospitalization, surgery, and medication, however, that is likely not to cover even a small part of your expenses.
    That doesn't mean that the other party's liability ends at the limits of the insurance though, but I wouldn't push too hard for more money than what he's comfortable with coughing up; what I mean with that is you don't want to take him to court if you can avoid that. (Will take long, will cost you quite a bit in lawyer fees and you might still end up empty handed).
     
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