Dear Attorney,
A neighbor recently hit my parked car, fully admitting fault. However, she does not have insurance that can cover the damages. She insists on using my own personal insurance and just paying the participation fee, as she cannot afford to pay the estimated repair costs. I do not want to accept this offer, as I believe it is unfair. Instead, I wish to claim for other incidental costs she caused. If she refuses to cover the full amount of damages, can I file a small claims case to settle the issue? Or should I consider filing a criminal case for reckless imprudence resulting in damage to property? Additionally, do I need a barangay clearance to proceed with legal action since we are neighbors?
Thank you.
Insights
In your situation, you have several options under Philippine law. Since the other party has admitted fault, it is clear that you can seek damages for the repair of your vehicle. However, you are not obligated to accept her proposal of using your own insurance and limiting her liability to only the participation fee. There are additional legal avenues you can pursue if you feel that the damages, including incidental costs, should be fully borne by the person at fault.
Small Claims Case:
You can consider filing a small claims case if you seek monetary compensation for the damages, including incidental expenses like transportation costs or loss of income due to the unavailability of your vehicle. Small claims cases are designed to expedite disputes involving monetary claims without the need for lengthy litigation. No lawyers are required for representation, which makes the process simpler and less costly. Given that there is no admission of payment or agreement yet, a small claims case would be appropriate if you prefer a quick resolution.
Criminal Case for Reckless Imprudence:
You may also consider filing a criminal case for reckless imprudence resulting in damage to property. Reckless imprudence is a criminal offense under the Revised Penal Code of the Philippines, and when a person’s negligence results in damage to property, they can be held both criminally and civilly liable. A criminal case could potentially result in a harsher consequence for the offending party, including fines and imprisonment, aside from covering civil damages. However, pursuing a criminal case may take longer, and proving reckless imprudence requires evidence that the other party was indeed negligent in her actions.
Barangay Clearance:
Since the incident occurred between neighbors, the Katarungang Pambarangay Law requires that disputes between neighbors be referred to the barangay first before filing any formal case in court. You will need to obtain a barangay clearance to certify that a conciliation attempt was made. If conciliation efforts fail at the barangay level, they will issue a Certificate to File Action, which allows you to proceed with either a small claims case or a criminal case in the courts.
Conclusion:
It is advisable to first attempt to resolve the matter at the barangay level, as this is a requirement for disputes between neighbors. If no amicable settlement is reached, you can proceed with either a small claims case for damages or a criminal case for reckless imprudence. Filing a small claims case is generally quicker and more straightforward, especially if your goal is primarily financial compensation for the damage to your vehicle.