Dumaguete Info Search


Minor Accident with Rental Car

Discussion in 'Expat Section' started by Mikala, Feb 15, 2016.

  1. robert k

    robert k DI Forum Patron Highly Rated Poster Veteran Army

    Messages:
    1,525
    Trophy Points:
    315
    Ratings:
    +1,211 / 264
    I will just fill out the paperwork (if any) and handle the repairs to my own. I think Darwinism needs to be given a chance to work.
     
  2. denpet

    denpet DI Senior Member Highly Rated Poster Blood Donor Veteran Air Force

    Messages:
    581
    Trophy Points:
    186
    Ratings:
    +351 / 96
    Blood Type:
    O+
    If you make a left turn you are responsible for making sure there is no oncoming or overtaking vehicle. It doesn't matter if you signal to make a left turn, you still have to make sure there is no overtaking vehicle.
    That's the general rule.

    Then there are exceptions. E.g. if the vehicle overtaking you is speeding, making a sudden change in lane. i.e. he was behind you, then he start overtaking you while you are already in the turn. etc. This is of course very difficult for you to prove, and the burden of proof is on you. So, assume you will loose if you take it to court.

    The rule of courtesy. If you see a vehicle preparing a left turn, and giving signal, then you pass it to the right. But, courtesy rules doesn't apply in court.

    And, all the witnesses will not testify to your advance. They will not be asked who's at fault, they will be asked what they saw. And if they say they saw a car making a left turn when being overtaken by a scooter, it will not be in your favour.
     
  3. OP
    OP
    Mikala

    Mikala DI Member Blood Donor Veteran Navy

    Messages:
    113
    Trophy Points:
    73
    Occupation:
    Nuclear Engineer
    Location:
    Dumaguete
    Ratings:
    +144 / 3
    Blood Type:
    A+
    Hmm... your general rule isn't something I would consider applies towards making a left turn with a turn signal in advance of the planned turn. Those overtaking have a responsibility not to overtake a vehicle that is turning left. I believe USA law provides for the responsibility to be borne by the overtaking vehicle. In my 50 years of experience driving, whenever I have tried overtaking a vehicle and noticed that they had initiated a left turn by illuminating their left turn signal, I would then back off and brake in a safe manner to return to my position behind said vehicle.

    Witnesses (several) all were yelling at the motorcycle rider to accept his responsibility. I think it's clear the fault lay with the motorcyclist in this case and the local police agreed.
     
  4. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

    Messages:
    13,104
    Trophy Points:
    451
    Occupation:
    FIRE
    Location:
    Valencia
    Ratings:
    +16,054 / 3,789
    Blood Type:
    O+
    R.A. 4136

    You shouldn't overtake anyone on the right. :wink:

    Edit: I guess I should have read the entire paragraph.....that last sentence says the complete opposite of the first sentence. I guess the first sentence is just a suggestion and you were correct that you can pass on the right if you feel the need. :cautious:
     
  5. denpet

    denpet DI Senior Member Highly Rated Poster Blood Donor Veteran Air Force

    Messages:
    581
    Trophy Points:
    186
    Ratings:
    +351 / 96
    Blood Type:
    O+
    Regardless of what the witnesses and police say, the rule is if you make a turn you have to give way to traffic coming at you or from behind. Section 14.1 of the Vienna convention as ratified by the republic of the Philippines (attached).
    This convention is ratified by most countries, but NOT the USA. So rules might be different there.
     

    Attached Files:

    • Informative Informative x 1
  6. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

    Messages:
    9,019
    Trophy Points:
    451
    Occupation:
    Happily Retired
    Location:
    Northern Junob, Dumaguete City
    Ratings:
    +5,110 / 1,064
    This is OK in the main But once you have Indicated and Moved to the Crown of the road to Complete your maneuver Traffic should pass you on the Right if safe to do so.
     
  7. denpet

    denpet DI Senior Member Highly Rated Poster Blood Donor Veteran Air Force

    Messages:
    581
    Trophy Points:
    186
    Ratings:
    +351 / 96
    Blood Type:
    O+
    How can you tell for sure the car/bike behind you knows you are making a turn?
    For one sake how do you know for sure your turn signal is working?
    As you can't answer that question with certainty you have to assume they don't know and hence always give way.
    The only time you might get away with it is if the one passing you is breaking the law. E.g. by passing where no passing is allowed, or speeding etc.
     
  8. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

    Messages:
    9,019
    Trophy Points:
    451
    Occupation:
    Happily Retired
    Location:
    Northern Junob, Dumaguete City
    Ratings:
    +5,110 / 1,064
    Well in the UK if in Doubt we use Hand Signals. So from what you are saying to give way puts you at a standstill in the middle of the road, To me not a good idea.
     
  9. denpet

    denpet DI Senior Member Highly Rated Poster Blood Donor Veteran Air Force

    Messages:
    581
    Trophy Points:
    186
    Ratings:
    +351 / 96
    Blood Type:
    O+
    But, what you say means, after giving signal everyone has ylto yield to me.
    If the rule only apply before giving signal (which isn't mentioned at all in the rules) it would mean you are not allowed to give signal if there are cars behind you, which is to me makes no sense. It's the cars behind I want to tell "I'm going to turn left so please pass on my right". But, it's still my responsibility to not turn left if they for whatever reason don't.
     
  10. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

    Messages:
    13,104
    Trophy Points:
    451
    Occupation:
    FIRE
    Location:
    Valencia
    Ratings:
    +16,054 / 3,789
    Blood Type:
    O+
    I got myself all confused here. I read the OP wrong and thought he was turning right and was hit on the right by someone passing him on the right. I also posted that traffic law too early in the morning and hadn't fully woken up yet (too early to know my left from my right). So I'll give it a go again.

    If he was at an intersection when he made the turn there is no passing allowed:
    R.A. 4136
    Overtaking:
    This law defines "highways" as: "shall mean every public thoroughfare, public boulevard, driveway, avenue, park, alley and callejon, but shall not include roadway upon grounds owned by private persons, colleges, universities, or other similar institutions."

    Simply put, in the Philippines it is against the law to pass anyone at any intersection of the public roads on the vast majority of the roadways here...unless you are passing a person turning left on the right or vice-versa. Unless Mikala was turning into a private driveway the people behind him had no right to be passing him in the first place.

    Turning left:
    Right of Way:
    Nothing about giving way to people coming from behind you and it actually reads as if every single person coming to an intersection must give way to whoever was there first.....unless there is a stop light/sign/traffic enforcer dictating who has the right of way (and there ain't too many of those in Dumaguete).

    This is an important one to take note of. If someone pulls out in front of you to make a left turn and you hit them, you are technically at fault (even though they were being complete knobs and not using common sense). Whoever is at an intersection first always has the right of way according to Philippine law.

    From the pdf:
    The Vienna convention is not law around the world. It is designed to offer guidance to signatories....and it is on those signatories to enact their own laws (which the Philippines has obviously not done :wink:).
     
    • Like Like x 1
    • Thanks Thanks x 1
    • Informative Informative x 1
Loading...