justx Posted September 29, 2004 Share Posted September 29, 2004 Am sorry if this topic has been discussed, the thread seems too long to backread. My Question: i was recently involved in a vehicular accident. Since it was a rear-end collision, it turned out that it was my fault and i am liable to the owner of the car i bumped into. My question is, is there a pre-set limit to my liability or do i have to cater to everything that the other party asks/demands? For example, the owner insists that his car be fixed at the casa while the people from my insurance say that cannot be done because his car is more than 3 years old (model 1997 to be exact). To make things complicated he left his car at the casa which is charging P400 /day for "storage" and it seems he is planning on sticking me with the bill. Is the cost of "storage" also part of my liabiltiy? Any advice would be greatly appreciated. In addition to what butsoy said, I think the penalty that can be imposed in this type of case (negligence/imprudence resulting to damage of property) is merely fine ranging from amount of damage to threefold (300%) IF PROVEN GUILTY. I don't think the judge will be imposing more than 100% if you can show that you exerted earnest efforts to cause the repairs and that the other party was just being unreasonable. Also, you have to pay the amount of damage to the aggrieved party. As to the amount of damage, you have to fight it out by proving that the reasonable expenses for the repairs that should have been incurred is the estimate given by your insurer or preferred mechanic and not the prohibitive costs of casa as the other party would like you to pay. Quote Link to comment
whole seeker Posted September 30, 2004 Share Posted September 30, 2004 thanks for the advice guys. just a point of clarification. if this thing does go to court, i don't think we can argue on wether it was my fault or not, it appears that this is already given that it was my fault. can we argue just on the basis of amount of indemnification? in other words, just get the judge to decide what is a fair amount of compenstion to the aggrieved party? Quote Link to comment
TeeUp Posted September 30, 2004 Share Posted September 30, 2004 (edited) most definitely. although the law does not prohibit you from putting up alternative defenses (saying it was his fault and, in the alternative, if found to be your fault, that he demanded too much compensation for the damage) on the civil aspect of your case, i think the court would be more inclined to believe your defense of good faith in trying to settle the obligation by paying a fair amount of compensation if you admit offhand that you are civilly liable. the admission of civil liability should however be crafted in a way that does not constitute an admission of guilt for reckless/simple imprudence or negligence. a classic example would be that your brakes failed. nonetheless, your good intention to pay, being a mere state of the mind may be difficult to prove. it being so, and anticipating future litigation, it would be for your best interest to have such intention documented this early. i suggest then that you or your lawyer write a letter to the other party clearly indicating that: 1. you have offered to pick the tab but only up to what is reasonable.2. his demand to have his 7-year old car fixed in a casa was not necessary as other less expensive yet credible body repair shops can do the job just as efficiently.3. if by his his adamant unjustified refusal to accept your offer some storage cost may accrue, you will not be liable therefor.4. and the offer to have it repaired in some other reliable shops still stands. if you do this now, it can add on to your bargaining power when sitting down on the negotiating table. Edited September 30, 2004 by TeeUp Quote Link to comment
TeeUp Posted September 30, 2004 Share Posted September 30, 2004 (edited) In addition to what butsoy said, I think the penalty that can be imposed in this type of case (negligence/imprudence resulting to damage of property) is merely fine ranging from amount of damage to threefold (300%) IF PROVEN GUILTY. I don't think the judge will be imposing more than 100% if you can show that you exerted earnest efforts to cause the repairs and that the other party was just being unreasonable. Also, you have to pay the amount of damage to the aggrieved party. As to the amount of damage, you have to fight it out by proving that the reasonable expenses for the repairs that should have been incurred is the estimate given by your insurer or preferred mechanic and not the prohibitive costs of casa as the other party would like you to pay.<{POST_SNAPBACK}> whole seeker, your situations presents two components. one is criminal and the other civil. lest, you be confused, this advice treats of the criminal aspect of the case. be it know however that if found guilty, the fine that will be paid here goes to the state and not to the offended party. on top of this, you may still be ordered to pay for the actual damages which is the civil component of your case. my previous suggestion is on the anticipation that a civil case will be filed. Edited September 30, 2004 by TeeUp Quote Link to comment
Guest FL Posted September 30, 2004 Share Posted September 30, 2004 TeeUp, thanks for the response, really appreciate it. Quote Link to comment
ATONG ANG Posted September 30, 2004 Share Posted September 30, 2004 anybody here familiar with digital video surveillance softwares? i have a grandtec video surveillance card and a generic 4-camera BNC video card.the problem with the grandtec is that the remote dial-up streaming is only 10 sECONDS/FRAME. i tried using digi-watcher software on the grandtec card and it works at around 1-2 frame/second. the problem with digi-watcher is that it is not that user friendly and you need to run and close the granctec program first to initialize the video card. anybody here who can suggest a better surveillance software that can provide telephone dial-up remote monitoring and compatible with the said cards? thanks Quote Link to comment
whole seeker Posted October 1, 2004 Share Posted October 1, 2004 TeeUp, thanks for the advice and the clarification of the criminal vs. civil aspect of the case. I hope I don't end up bankrupt after all this is over. Quote Link to comment
TeeUp Posted October 1, 2004 Share Posted October 1, 2004 TeeUp, thanks for the response, really appreciate it. <{POST_SNAPBACK}> anytime, flirt lady. Quote Link to comment
TeeUp Posted October 1, 2004 Share Posted October 1, 2004 TeeUp, thanks for the advice and the clarification of the criminal vs. civil aspect of the case. I hope I don't end up bankrupt after all this is over.<{POST_SNAPBACK}> you'll be fine. you just need someone to manage your case well enough. just remember to be practical at it and sometimes it means going into a compromise. be assured that you'll be better off settling the case reasonably than going through years of litigation and end up paying just the same and worse, the possibility of having a criminal history. Quote Link to comment
keyth^ Posted October 3, 2004 Share Posted October 3, 2004 (edited) question lng po... gaano katagal inaabot ang annulment case? ano ba ang mas magandang gawin and pag ongoing ba yung case na to hindi pa rin pwedeng magpakasak ang both parties sa iba khit ba walang maghahabol at tututol dito. need ur advices po... thanks!!! Edited October 3, 2004 by keyth^ Quote Link to comment
cruiser007 Posted October 4, 2004 Share Posted October 4, 2004 question lng po... gaano katagal inaabot ang annulment case? ano ba ang mas magandang gawin and pag ongoing ba yung case na to hindi pa rin pwedeng magpakasak ang both parties sa iba khit ba walang maghahabol at tututol dito. need ur advices po... thanks!!!<{POST_SNAPBACK}> Ang tagal ng pagtakbo ng kaso ng "annulment" ay depende sa husgado na hahawak. Huwag mo lang asahan na tapos na ang kaso sa loob ng anim na buwan, dahil mahirap mangyari yun. Habang tumatakbo pa ang kaso, ang bawat partido ay hindi pa maaaring mag-asawa ng iba sapagkat hindi pa napapawalang bisa ang una nilang pagpapakasal. Kinakailangang hintayin muna ang desisyon ng hukuman patungkol sa kasong "annulment" bago mag-asawa muli. Kahit pa hindi na naghahabol ang bawat isa na mapanatili ang ugnayan, ito ay hindi mahalaga, sapagkat ang maghuhusga kung dapat ipawalang bisa ang kasal ay ang husgado at hindi ang mga partido. Maaabot lamang ang desisyon ng pagpapawalang bisa ng kasal kapag ito ay sang-ayon sa mga probisyon ng batas na nakasaad patungkol dito, at hindi ang pagtutol o hindi pagtutol ng mag-asawa. Quote Link to comment
NoX Posted October 4, 2004 Share Posted October 4, 2004 anybody here know how to rebuild a level 1 software raid array in linux? the secondary master hdd borked on me and the raid is running in degraded mode with just the first hdd running. i inserted a new hdd, with the same disk size, but the partitions are not rebuilding. meron ba admin dito na marunong? Quote Link to comment
roxysnonie Posted October 4, 2004 Share Posted October 4, 2004 Yup just download windows xp sp2. winxpsp2 can be deployed over Windows XP Home, Pro, Media Center & Tablet PC Editions... And with your ym problem... try installing sp2 first and try to install the latest ym again... Hope this helps mate... :mtc:<{POST_SNAPBACK}>tho i havent downloaded sp 2 yet.... how come i cant get to edit my registry? tho i havent relly disabled registry editing...has software download got anything to do with it? how to i go about disabling this admin thing about reigistry editing? thanks! Quote Link to comment
keyth^ Posted October 4, 2004 Share Posted October 4, 2004 thanks cruiser sa advice..so we really have to wait na mtapos yon.ilang taon na din yon matatagalan daw kasi wala yung isang party na dumalo sa hearing. salamat po sa advice mo ha! Quote Link to comment
roxysnonie Posted October 6, 2004 Share Posted October 6, 2004 whats your take on laptops with the centrino processors as compared to a ht processor? given they have an almost identical specification... Quote Link to comment
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