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I need some legal advice. Our car was hit by a Toyota Coaster with Tour Company Name and LTFRB Signage last Sunday at NLEX and during the investigation report we agreed for an Amicable Settlement that they will shoulder all damages thru Comprehensive Insurance.
Since the car is damage and the back glass is broken, the car cannot be brought to the Clark for the Hot Air balloon event. The clients of the Coaster are also going there so we requested the driver if we can join them but the clients didn't agree on the request since they paid for the coaster so we don't have a choice but to look for alternative transportation going to Clark Pampanga.
After providing them the Toyota Estimate of the damage cost, the owner is now claiming that they don't have comprehensive insurance and the cost was too much. He agreed to shoulder the damage but only on the shop that they own which we didn't agree since we all agreed that the damages will be handled by a comprehensive insurance which as documented in the incident report and they told us to just file a case if we want.
We further found out that the Toyota Coaster Franchise to LTFRB was dropped and substituted last April 17, 2015 (record was provided to me by LTFRB) but the markings are still there. The travel agency is also saying that they already sold the coaster to their cousin 3 to 4 months ago (this was the owner who refused to pay for the damages) so they are no longer liable to the accident.
Another thing that we've noticed is that the Driver of the Hired Coaster was a Non Professional Driver 24 years old driver which was a nephew of the owner.
My question is, can we demand the new owner to pay the damages based on the Toyota Estimate and not thru their shop (we don't know them and we don't trust them after all the lies and incostency on their statements..).
Is the travel agency still liable since their Company Name and LTFRB markings are still their despite the Drop and Substitute Franchise almost 2 years ago? Should they removed it their signage and LTFRB markings in the Toyota after dropping the franchise last APril 2015 and before selling the unit to their Cousin? We requested the copy of the deed of sale but according to them they will not be able to provide it this week and we need to wait until Monday.
Despite the Passenger and the Coaster Drivers Claim that the Coaster was HIRED and we have photos showing all the signage and LTFRB marking, is this a valid a valid case of Colorum?
Since the Driver only has Non Pro License and is driving a HIRED Coaster, can we also file a case against him and the owner/operator for negligence?
Btw, the Travel Agency Owner is the new owners Aunt and the driver is the new owners nephew. They were all relatives.
I appreciate all the help that you can provide...
Thanks,
MJ
Since the car is damage and the back glass is broken, the car cannot be brought to the Clark for the Hot Air balloon event. The clients of the Coaster are also going there so we requested the driver if we can join them but the clients didn't agree on the request since they paid for the coaster so we don't have a choice but to look for alternative transportation going to Clark Pampanga.
After providing them the Toyota Estimate of the damage cost, the owner is now claiming that they don't have comprehensive insurance and the cost was too much. He agreed to shoulder the damage but only on the shop that they own which we didn't agree since we all agreed that the damages will be handled by a comprehensive insurance which as documented in the incident report and they told us to just file a case if we want.
We further found out that the Toyota Coaster Franchise to LTFRB was dropped and substituted last April 17, 2015 (record was provided to me by LTFRB) but the markings are still there. The travel agency is also saying that they already sold the coaster to their cousin 3 to 4 months ago (this was the owner who refused to pay for the damages) so they are no longer liable to the accident.
Another thing that we've noticed is that the Driver of the Hired Coaster was a Non Professional Driver 24 years old driver which was a nephew of the owner.
My question is, can we demand the new owner to pay the damages based on the Toyota Estimate and not thru their shop (we don't know them and we don't trust them after all the lies and incostency on their statements..).
Is the travel agency still liable since their Company Name and LTFRB markings are still their despite the Drop and Substitute Franchise almost 2 years ago? Should they removed it their signage and LTFRB markings in the Toyota after dropping the franchise last APril 2015 and before selling the unit to their Cousin? We requested the copy of the deed of sale but according to them they will not be able to provide it this week and we need to wait until Monday.
Despite the Passenger and the Coaster Drivers Claim that the Coaster was HIRED and we have photos showing all the signage and LTFRB marking, is this a valid a valid case of Colorum?
Since the Driver only has Non Pro License and is driving a HIRED Coaster, can we also file a case against him and the owner/operator for negligence?
Btw, the Travel Agency Owner is the new owners Aunt and the driver is the new owners nephew. They were all relatives.
I appreciate all the help that you can provide...
Thanks,
MJ
