Speeding Motorist Rams Into Bus

[MikeB]

That's the headline but it was actually a mini bus. So the victim, who was riding a motorbike and had no driver's licence and no registration or tags on the bike, attempted to pass one vehicle, hit it and as a result swerved into the oncoming path of the mini bus who's driver is now detained in jail pending charges. Make sense?

"Monday, November 3, 2014

A MAN died on the spot after the motorcycle he was driving collided with a car on the national highway in Barangay Puente, Carmen, Cebu at 2 p.m last Sunday. SPO3 Danillo Laurente of Carmen Police identified the fatality as Aldin Apuya Comaingking, 31, married, a resident of Barangay Corazon, Catmon. Comaingking’s motorcycle picked up speed, trying to overtake a Kia Picanto driven by Daniel Stephen Cañete Pajarillo from Barangay Ibo, Lapu-Lapu City. Comaingking hit the left part of Pararillo’s car, causing his motorcyle to swerve into the opposite lane, where it was hit by a Fuso Fighter Mini Bus driven by Rogelio Escribano Padilla, 47, and a resident of Barangay Bagasawe, Tuburan. Comaingking, who was driving without license, suffered from severe injuries and died. His motorcycle had no plate number. Comaingking and Pajarillo were on their way to Cebu City, while Padilla was heading North. Padilla is presently detained at the Carmen Police Station while police are filing appropriate charges for him."

http://www.sunstar.com.ph/cebu/local-news/2014/11/03/speeding-motorist-rams-bus-374550

[Dave Hounddriver]

That's the problem with driving here.  Its why all those motorcycles come at you in the wrong lane.  There is no clear concept of who is at fault and so the most aggressive drivers take over the road.

[scott h]

presently detained

 

Notice they say "detained" not arrested. I asked my brother in law about this. The reason they detain or arrest parties (guilty or non) after accidents such as this is to insure they are available while the investigation is on going. I am sure most of us agree that if a party to an accident is released and told to come to the police station and file a report how many actually will. Traffic or illness is always a good excuse or just plain Filipino time lololol.

 

On the face of it, it does seem ridiculous to be detain or arrested when obviously the person is not at fault. The problem is that there are very rarely follow up stories to tell us if charges are ever filed. Or if common sense prevails (wishful thinking lololol)

[MikeB]

I have been involved with a couple of accidents here, both as a victim myself and having a family member seriously injured, and I can tell you first hand that they do not usually do "investigations", at least in this part of the country. The whole system is based upon the parties working things out amongst themselves - meaning financial restitution for the victim regardless of fault. What's unusual here is that the article says "the police are filing appropriate charges for him." That's probably semantics, the victim's family have to file the charges or there's no case.

[scott h]

do not usually do "investigations",

 

Makes a lot of sense then Mike B. keep the parties "detained" until one party or another has a chance to file.

[scott h]

meaning financial restitution for the victim regardless of fault

 

You know Mike B. I started a topic about this exact thing a while back and really didn't get a good (to an American anyway) Answer. We both know that and have seen many times that the person at fault or not at fault is released after paying expenses. Now we as Americans would stand up and shout "this aint right!!! :th_unfair: " "Im not paying, it was his fault". "that stupid motorcycle was in my lane doing an unsafe overtaking" "Im not paying for his funeral" :1 (103):

 

Does anybody know of any cases where the party just said "enough, I'm not gonna take it anymore lolol"

[Dave Hounddriver]

Does anybody know of any cases where the party just said "enough, I'm not gonna take it anymore lolol"

 

Only cases where the foreigner went home or to some other country.

[Thomas]

 

meaning financial restitution for the victim regardless of fault

 

You know Mike B. I started a topic about this exact thing a while back and really didn't get a good (to an American anyway) Answer. We both know that and have seen many times that the person at fault or not at fault is released after paying expenses. Now we as Americans would stand up and shout "this aint right!!! :th_unfair: " "Im not paying, it was his fault". "that stupid motorcycle was in my lane doing an unsafe overtaking" "Im not paying for his funeral" :1 (103):

 

Does anybody know of any cases where the party just said "enough, I'm not gonna take it anymore lolol"

How come then Americans haven't stoped the crazy some similar in USA where some pedestrians have as "business idea" to get hit by a car ON PURPOUSE and then demand very HIGH INDEMNITIES and the American court system let them? !!!   :)    In Phils they ask for only DAMAGES costs (if I have understood corect). That's much lower than indemnities...

(In Sweden indemnities are TO LOW instead, so our system is wrong in opposite direction than the American.)

But if it's obviously the other ones fault, I will have HUGE problem to agree to pay myself, so I suppouse I better not drive in Phils   :mocking: 

[Dave Hounddriver]

I suppouse I better not drive in Phils

 

Many have come to this conclusion, only to find if they own the car and their wife or hired driver gets in an accident then they still gotta pay.

[scott h]

to get hit by a car ON PURPOUSE and then demand very HIGH INDEMNITIES and the American court system let them? !!!

 

Good point Thomas,,,, However its the exception and not the rule. In fact the American insurance companies spend quite a bit of money to investigate such accidents. Not long ago, the District Attorneys office in Los Angeles prosecuted a ring of fraudsters who did exactly as you describe.