Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

Parked car damaged, but denied insurance

Go down  Message [Page 1 of 1]

1 Parked car damaged, but denied insurance on Fri Dec 09, 2011 1:06 am


Arresto Menor
My parked car inside a mall was hit by another car. The insurance company of the other car denied my claim when they noticed in the police report that my driver's license was expired for more than a month during the incident. Do i lose my claim on the damages done on my car? Yes, my honest mistake that my lioense was already expired. But the fact is my car was parked when it was hit by another car, while I was having my groceries inside the mall then. Hoping for an advice. Thank you.

View user profile

2 Re: Parked car damaged, but denied insurance on Sat Dec 10, 2011 11:53 am


there's a provision in law which states that in car accidents, the one violating a traffic law is presumed to be the one at fault.

being a driver myself, i have been always an advocate that this should be interpreted as moving violations, or the violation should be the directly or proximately cause the accident.

sadly, the supreme court does not agree with me and there are decisions in collisions where one of the parties had an expired license, therefore the presumption was made to apply. i believe this is what the insurance company is trying to use to shield themselves from liability.

note, this is a legal presumption which can be rebutted with evidence. Your recourse now is to claim directly with the other vehicle's owner or driver. you can file a reckless imprudence case, and let the other side deal with their insurance.

[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum