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My Car was damaged by Ondoy while at the shop for body works

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dhangblanco


Arresto Menor
Hi, I need an advise regarding my car that was damaged by Typhoon Ondoy while it was at the shop for bodyworks.

After the car was damaged, the shop told us that they don't have liability because it was an act of God. I have been demanding the shop to just take the car back to my house but they did not do anything about it until this date that I am now selling the body of the Car and I still have hard time to pull out the car from them.

I bought the car from the second owner and our deed of sale was under the name of my cousin although, its my car.

First, they asked me to get an authorization from my cousin to pull out the car. Now, they want me to get an SPA from my husband who took the car to their shop. My husband is currently staying in the US. It will take awhile before I can provide that SPA beside it will cost money, the car has very little value now.

Since they give me headache in taking my car back, am I just going to dig out the history of the car and demand for their liability? Do I have a chance on this case?

Thank you for your advise.

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attyLLL


moderator
considering ondoy was indeed an act of god, you will have to prove that there was additional negligence on their part


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dhangblanco


Arresto Menor
Yes its an act of god,. yet it did not just happen It was all over the news. They should have anticipated what can possibly happen during typhoon to think that their location is a flood prone area. We also agreed that they will finish the work in one month we took the car to them on August 18. Ondoy came in September 23, I was at the shop on September 24 and flooding was on September 26. They should have secured the car then.

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4 suggestion on Fri Jul 15, 2016 5:14 am

RippedOff


Arresto Menor
my suggestion being that I've learned alot from my dilemma is to write a demand letter, if no response then a 2nd one regarding the demand and action to file a suit, 3rd and final demand letter action to file a case against them, if one of the lawyers is suggestion is to get a spa from your husband in the states, being that i'm filam. It's easy to get one, he just needs to go to the Philippine Embassy and get one there same day process and have it mailed to you next day air through USPS and it will come here to Pinas quick. It doesn't cost alot there in the states to get one. more or less 50.00 dollar's. But the first attempt is to write them a letters, if no response you can use the letter as proof in the court of law, make sure if you have any receipts from them keep them and laminate it so the ink on the paper doesn't fade so you can proof anything regarding the dates and time vehicle was dropped off before and after dates said. This should alert them to release. Now after 3rd notice of demand letter you can file a estuffa case against them. Just go to the nearest PNP of that city and consult being that the property is worth value their keeping from you. Also blotter at the nearest Baranggay of that shop, that also helps alert them. Baranggay will issue a letter to attend 3 hearings if no attendance, baranggay will issue you a CF to file a ustaffa there you can finally file a criminal case against them with the PNP. You have to go to the PNP's Office / of that shops location. For example if the shop is in Mandaluyong, Baranggay wak wak would be their Baranggay. Good Luck !


dhangblanco wrote:Yes its an act of god,. yet it did not just happen It was all over the news. They should have anticipated what can possibly happen during typhoon to think that their location is a flood prone area. We also agreed that they will finish the work in one month we took the car to them on August 18. Ondoy came in September 23, I was at the shop on September 24 and flooding was on September 26. They should have secured the car then.

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