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I would like to seek your legal advice. I was sued with RIRIDTP. I agreed to pay for the damages on the vehicle already in the amount of P90,000. P37000 is to be paid by his insurance and the balance to be paid by me. I agreed to pay even though the estimate was made by his favored shop, from an original price of P142000 i was able to bargain for P90000. The price i believe is over priced since i was able to acquire an estimate by his insurance which only amounted to P40000. Inspite of this he still wants me to pay for "abala and perwisyo" as stated in his email as follows:
Just to get things going... as the Prosecutor said, let's try to come to an agreement asap, if possible... otherwise the case will go on and drag on... and will cause more pain, expenses and suffering...
I have listened to you and I have heard you (that you have limited funds) -- that's why I was willing to help you decrease the cost of the van repair (which went from P142K to P135K down to P90K: for a savings of P52K; not bad). Then add to that the amount which my insurance will pay, P37K, and we have a total savings of P89K already. Theoretically, if we were just to split the savings, then you can share to me at least P44,500 already.
Another way of seeing is that we can split the insurance savings of P37K -- thus, you can share to me P18,500 already... and if you add this to your original offer of P30K, then you can at least give me P48,500 as payment for "abala at perwisyo".
Now, I hope you listen to me also why I am asking for at least P100K (negotiable) for "abala at perwisyo".
1. First is for the "non use of my Starex van" (for 37 days already today, June 30). You can ask around for how much Starex vans are rented now per day. Most will say P3K to P5K. So even if we use only P3K per day, 3 x 37 = P111K already.
P100K divided by 37 days will give you P2,700 per day, which is already a very good and low rate.
And remember that I may be able to get the van only after 40 days, if you pay the bills before or on Sat, July 3. P3K x 40 = P120K.
2. Taxi Fares which my wife and kids had to incur because I did not have the van to "hatid at sundo" them. You can make your own estimates of how much taxi fares per day are now. But for the four of them (my wife and 3 kids, excluding me), they spent an average of P1,250 per day x 37 days = P46,250, more or less. Even if you discount that, the amount will still be significant. Note that we are not even considering the difficulties of getting cabs during rush hours and when it rains and at night.
3. Lost Opportunities and lost businesses on my part. FYI, I am a freelance Consultant, Seminar Speaker, Businessman, Real Estate Broker, and self-employed: meaning, I do not earn if I do not work or get clients or close transactions or hold seminars. Thus, the accident and the trauma/ stress plus the non-use of my van (usually used for my business trips, tripping, meetings with clients, seminars, etc) have actually adversely affected my earnings and income for the past 37 days. Again you may make your own estimates for how much opportunities and businesses I have lost due to the accident and the related "abala at perwisyo" (like filing the case, following up the repair, talking to the insurance, attending the hearing, visiting Pitstop, etc)... FYI, I earn P30K to P50K per seminar I handle, and in my humble opinion, I have at least lost the equivalent of 4 seminars due to the accident and the related problems & "abala" after it. That will easily amount to lost income of P120K to P200K.
4. Related Expenses -- like paying the Police Report, paying the filing of the case, taxi fares going to Camp Karingal, QC Court, Pitstop, etc; meals with lawyers/ legal advisers; etc. and the like.
5. Attorney's Fees: right now, am being advised by two lawyers (Glenn and Jojo) and their fees will be 25% of settlement fee or P25K, whichever is higher. Now, listen: this may be negotiated if the case will be dropped asap. So it is both to our interest that we come to an agreement soon; otherwise, if the case will linger, the Attorney's Fees will have to be paid and only our lawyers will get richer and richer as the case will drag on.
6. Other Moral Damages, like mental torture, medical expenses, emotional agony, headaches, migraine, sleepless nights, nightmares, family trauma, family stress, lingering stress and agony, worries and depression, and so on and so forth.
So I hope you consider all these things with an open mind, good conscience, and generous heart.
This is just to get things going... Let me know also what you think, so I can adjust my expectations. But the thing is, let us try to compromise soon... give and take. Otherwise this will drag on and on... and cause more pain, expenses, wasted time and suffering to both of us.
Try to evaluate the figures mentioned above objectively... Note that the first item, the "non use of my van" is already a significant amount... what more if the other items are added...
Pare, I hope you see my sincerity and objectiveness in this email. I sincerely want that we come to an agreement soon, so all the troubles will already stop -- for both you and me. It's really up to you.
I know you want to pay as less as possible... but kindly be objective also on the losses I sustained because of the accident... so we can come to an amicable settlement very soon or asap, before July 12 if possible."
Is this lawful? am I obligated to pay him this much? Eventhough i gave my intent to pay for the over priced quotation should he still oblige me to pay for abala considering that he already filed a case against me?
Just to get things going... as the Prosecutor said, let's try to come to an agreement asap, if possible... otherwise the case will go on and drag on... and will cause more pain, expenses and suffering...
I have listened to you and I have heard you (that you have limited funds) -- that's why I was willing to help you decrease the cost of the van repair (which went from P142K to P135K down to P90K: for a savings of P52K; not bad). Then add to that the amount which my insurance will pay, P37K, and we have a total savings of P89K already. Theoretically, if we were just to split the savings, then you can share to me at least P44,500 already.
Another way of seeing is that we can split the insurance savings of P37K -- thus, you can share to me P18,500 already... and if you add this to your original offer of P30K, then you can at least give me P48,500 as payment for "abala at perwisyo".
Now, I hope you listen to me also why I am asking for at least P100K (negotiable) for "abala at perwisyo".
1. First is for the "non use of my Starex van" (for 37 days already today, June 30). You can ask around for how much Starex vans are rented now per day. Most will say P3K to P5K. So even if we use only P3K per day, 3 x 37 = P111K already.
P100K divided by 37 days will give you P2,700 per day, which is already a very good and low rate.
And remember that I may be able to get the van only after 40 days, if you pay the bills before or on Sat, July 3. P3K x 40 = P120K.
2. Taxi Fares which my wife and kids had to incur because I did not have the van to "hatid at sundo" them. You can make your own estimates of how much taxi fares per day are now. But for the four of them (my wife and 3 kids, excluding me), they spent an average of P1,250 per day x 37 days = P46,250, more or less. Even if you discount that, the amount will still be significant. Note that we are not even considering the difficulties of getting cabs during rush hours and when it rains and at night.
3. Lost Opportunities and lost businesses on my part. FYI, I am a freelance Consultant, Seminar Speaker, Businessman, Real Estate Broker, and self-employed: meaning, I do not earn if I do not work or get clients or close transactions or hold seminars. Thus, the accident and the trauma/ stress plus the non-use of my van (usually used for my business trips, tripping, meetings with clients, seminars, etc) have actually adversely affected my earnings and income for the past 37 days. Again you may make your own estimates for how much opportunities and businesses I have lost due to the accident and the related "abala at perwisyo" (like filing the case, following up the repair, talking to the insurance, attending the hearing, visiting Pitstop, etc)... FYI, I earn P30K to P50K per seminar I handle, and in my humble opinion, I have at least lost the equivalent of 4 seminars due to the accident and the related problems & "abala" after it. That will easily amount to lost income of P120K to P200K.
4. Related Expenses -- like paying the Police Report, paying the filing of the case, taxi fares going to Camp Karingal, QC Court, Pitstop, etc; meals with lawyers/ legal advisers; etc. and the like.
5. Attorney's Fees: right now, am being advised by two lawyers (Glenn and Jojo) and their fees will be 25% of settlement fee or P25K, whichever is higher. Now, listen: this may be negotiated if the case will be dropped asap. So it is both to our interest that we come to an agreement soon; otherwise, if the case will linger, the Attorney's Fees will have to be paid and only our lawyers will get richer and richer as the case will drag on.
6. Other Moral Damages, like mental torture, medical expenses, emotional agony, headaches, migraine, sleepless nights, nightmares, family trauma, family stress, lingering stress and agony, worries and depression, and so on and so forth.
So I hope you consider all these things with an open mind, good conscience, and generous heart.
This is just to get things going... Let me know also what you think, so I can adjust my expectations. But the thing is, let us try to compromise soon... give and take. Otherwise this will drag on and on... and cause more pain, expenses, wasted time and suffering to both of us.
Try to evaluate the figures mentioned above objectively... Note that the first item, the "non use of my van" is already a significant amount... what more if the other items are added...
Pare, I hope you see my sincerity and objectiveness in this email. I sincerely want that we come to an agreement soon, so all the troubles will already stop -- for both you and me. It's really up to you.
I know you want to pay as less as possible... but kindly be objective also on the losses I sustained because of the accident... so we can come to an amicable settlement very soon or asap, before July 12 if possible."
Is this lawful? am I obligated to pay him this much? Eventhough i gave my intent to pay for the over priced quotation should he still oblige me to pay for abala considering that he already filed a case against me?
