Accident and taxi cab insurance, need HELP!

I don't where to go get some facts and informations, so here i am sharing my story...

My sister living and working in Makati, so everytime she goes to work with graveyard shift, she takes taxi all the time...Last week, the taxi she's riding on hit an island she injured with her head... Thankfully she's alive but my question is if the taxi has insurance in Philippines and if the passengers are covered and how to make a claim...

I'd been worried and think for worst especially hitting the head and spitting blood for couple of days, i don't mind paying her medical bills as long she'll be okey but if there is anyway, we can make somebody pay for it, why not, right? Anyway, she has insurance from work thank God but with P120,000 limitation and we'll pay for the rest if necessary but her neurosurgeon told her not to touch her insurance and let the taxi operator pay for it.

Here's the story of how things done in my country. My sister was brought by passersby who found them unconscious with another taxi (not ambulance). The next day, my sister's boyfriend went to the police headquaters to give a report (not the police came to the accident like here), and noted that the victim is absent while filing, for God's sake my sister was on bed with head injury. The next day, her boyfriend's brother went to the police to follow-up for the report but asked for confinement letter from the hospital instead of checking my sister's condition. So today my mother went to the police with confinement letter but found out that the report was all messed up and the name was wrong and was told by taxi operator that my sister is out of hospital and roaming around already, grrrrr.... This taxi operator never even called or visit to check if my sister is alive or dead...

I really don't know what my question is but more so with taxi insurance, not sure if they have, and just upste on how Philippines work on this stuff...Just if anybody has knowledge on anything about this... Just a little bit upset and pouring my emotions here, sorry guys!

Update on my sister:

Day 1, she was talkative and chatting a lot with me telling me she's fine and not to worry and no need to send my mom from Cebu to Makati Medical Hospital.

Day 2, She's still fine as she said but tired and hungry. She just let us think that she's strong for us not to worry about her but we never been relax and comfortable but worry much about here...Against her will, let my mom fly to Manila.

Day 3, she's having fever and trembling. Mom came in the afternoon and we all feel more relax and not worry much since mom is there watching here... I only spoke with her less than 5 minutes since her head hurt and of course i was worried. It's too hard when we are far from our loved ones, if i could only fly there but better save the money for her.

Day 4, Mom is cleaning her up and she's trembling so bad after. Mom is nervous and worried to death.

Day 5, She has a lot of visitors all day that she feels pressure in her head. Told the neurosurgeon that she's been trembling, and he cannot understand why.

day 6, she's a little bit fine and rested and the doctor told her she can go home soon but still needed to find out why she's trembling.

Sorry guys for reading this sentimentals, i'll just don't know where to express my emotions and worries and don't want my mom and sister worried about me either... Thanks for reading... just have a lot of frustrations in my beloved country, if it was here, i don't need to worry that the hospital will reject her and i know that the taxi driver and operator will shoulder everything from the time of accident to the future expenditures that will incurr while healing... It's just crap...

Thanks a lot guys... sorry again...

God bless,
Roselle

hi im not very knowledgeable about whether if all taxis has and or oblige to have an insurance both the car and the passengers, but in my city i have known a lot of taxis that has insurance that covers the taxi as well as the passengers. i think even philhealth is inolve or the one who covers it (to some taxis i guess)... point is, im not sure if they're oblige to have one but whethere they have insurance or not, it's the taxi's operator to pay whatever the damage has done and it should always goes that way. just present all the medical bills and let your family fight for it..i know how sux our govt agency sometimes in working to this kind of case but it always been that way.lol.. anyways, im sorry to hear your sis accident and i wish her well!!!

Roselle

First, I am very sorry that your sister was involved in an accident.
My prayers, and I am sure many member's prayers go out to her
for a full and speedy recovery.

I don't have much advice, but you are correct, the taxi driver is liable,
with or without insurance. The big problem is getting him to pay.

My sister-in-law was involved in an accident, and luckily the police were on our side.
The police told the driver, they were going to impound his trike, until
he paid for all medical bills. If he could not pay, then the trike would
become ours.

Manila is a big, busy city, so finding someone in the police dept to help will be difficult.
To hire a lawyer would just be a waste of money.

You are in a difficult position and without help from outside sources,
if the driver goes into hiding, you may just be out of luck.

I hope your sister recovers and there is justice in her favor.

Again, sorry that I have not really offered a solution, but just want
you to know that there will be many prayers for your sister.

Come again and Dr. Disk,

I thank you for your thoughts and sincerity, just have alot of frustrations in my mind. I just called my mother and told her that tomorrow, she has to go to the billing department and tell them that it should be noted that it's the taxi operator's liability and not ours and if they can find anyway to charge him. Second, the taxi operator will come to the hospital tomorrow and i told her to bring the operator to the billing department to let him take charge of everything and if he won't pay cash at least to get his assets but if he won't come, i told my mom to get the admission report from the first hospital both her and the taxi driver was taken to before transferring to a better hospital and try to file a complaint to the LTO (Land and Transportation Office) hoping they will confiscate their license to operate taxis.

That's all for now and once again thank very much for your well-wishes from the bottom of my heart.

God bless,
Roselle

Hi,

The Taxi Driver (cab as common carrier) has the contractual obligation for the safety of your sister (passenger) while on board his cab. A coomon carrier

Every motor vehicle in the country cannot be registered by the LTo without a TPL or 3rd Party Liability Insurance, but this insurance coverage is very limited.

Now, if the driver is not financially able to finance the medication of your sister, u can go directly to the Taxi Operator. The Taxi Operator has the civil liability - therefore, under the law he (operator or owner of the cab) is liable to the damages resulting to that accident.

Do not sign any waiver (Affidavit of Desistance) that maybe initiated by the insurance agent of the cab operator/cab driver unless otherwise your sister had fully recovered and that they assumed her medication.

In case the Cab Operator/Owner ignored or denied their responsibility, keep all the receipts and medical expense that you incurred and file a criminal case against the Driver and a civil suit against the Cab Operator. The last remedy u have is to go to court. U have a strong case, so never sleep with your right.

God Bless..

Marizylle

If u have more time, read this:

Law and jurisprudence dictate that a common carrier, both from the nature of its business and for reasons of public policy, is burdened with the duty of exercising utmost diligence in ensuring the safety of passengers.4 The Civil Code, governing the liability of a common carrier for death of or injury to its passengers, provides:

"Article 1755. A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances.

"Article 1756. In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as prescribed in articles 1733 and 1755."

"Article 1759. Common carriers are liable for the death of or injuries to passengers through the negligence or willful acts of the former’s employees, although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers.

"This liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a family in the selection and supervision of their employees."

"Article 1763. A common carrier is responsible for injuries suffered by a passenger on account of the willful acts or negligence of other passengers or of strangers, if the common carrier’s employees through the exercise of the diligence of a good father of a family could have prevented or stopped the act or omission."

Hi,

If the Police Officer continue to ignore a request for a Police Report, put your request into writing and addressed to the Commanding Officer of that Station. Have it received, then make a follow-up (in a form of writing) after 24 hours.

Those Police Official maybe charge administratively if they will continue to ignore your request.

If the Police Officer cannot provide you with the report yet, try to get the Plate Number of the taxi and coordinate with LTO/LTFRB in order for you to obtain who the Operator is....

I am saying this, because the way I see it (base on your post) the Operator is not interested to help your sister's medication. So, if you do really intend to recover damages, u must put now everything into writing.

I suggest u get a lawyer, or go to PAO and ask help on what to do next.

Never ever sleep on your rights...


Marizylle