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3rd Party Insurance Claim

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1 3rd Party Insurance Claim on Thu Jan 03, 2013 4:38 pm

mharlon


Arresto Menor
Need your help.

I was involved in a vehicular accident with a Cargo Delivery Truck last October 2012. My car was sideswept, where the rear left and bumper of my car was damaged. We were both turning right from C5 to Ortigas Avenue but my car was at the outer/right lane. My car is clearly in front when the accident happened, thus the damage on the rear side of my car.

Luckily, the owner of the delivery truck (company) was cooperative enough to shoulder the repair of my car thru their insurance.

Now, it's been two month's already since the accident but I haven't progressed with the insurance claim. I am actively doing the follow up so my car will be repaired finally.

The insurance company of the insured (delivery truck) is asking the insured for an affidavit of admittance of fault, saying that the police report did not clearly state that it's the fault of the delivery truck.

Is this a valid requirement to proof the fault of the delivery truck? In the police report, it did not say explicitly whose fault was the accident but on the collision type it has "side swipe" and the brief narration as below:

"It appears that both vehicles were manuevering to turn right from C5 road to east of Ortigas Avenue with V1 situated at the right of V2. In the process the rear of V1 and the front right side of V2 came into contact. And it suggests that the characteristics of force applied on the damaged portion of V1 was towards the front while while on V2 towards the rear. As a result both vehicles are damaged."

Is the police report not enough to establish fault on the delivery truck driver?

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2 Re: 3rd Party Insurance Claim on Sat Jan 12, 2013 5:23 pm

tsi ming choi


Reclusion Perpetua
mharlon wrote:

The insurance company of the insured (delivery truck) is asking the insured for an affidavit of admittance of fault, saying that the police report did not clearly state that it's the fault of the delivery truck.

"It appears that both vehicles were manuevering to turn right from C5 road to east of Ortigas Avenue with V1 situated at the right of V2. In the process the rear of V1 and the front right side of V2 came into contact. And it suggests that the characteristics of force applied on the damaged portion of V1 was towards the front while while on V2 towards the rear. As a result both vehicles are damaged."

Is the police report not enough to establish fault on the delivery truck driver?

Not enough, the police report is not clear. Had the report particularly pointed out who is at fault. Then thats the time your insurance company or the truck's insurance company be held liable.

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