Nais ko pong humingi ng tulong sa inyong lahat tungkol sa aking kaso na “RECKLESS IMPRUDENCE RESULTING TO DAMAGE TO PROPERTY WITH SERIOUS PHYSICAL INJURY”. December 24, 2011, about 3 a.m. While I am driving at south expressway between sucat to bicutan going to c5 taguig when the car in front of me suddenly slowed down. Out of shock I immediately turn the steering wheel to the right to prevent collision, but un-expectedly the car I am driving went out of control and crashed in the perimeter fence(separating expressway and service road) and spins 360degrees repeatedly. Because I am wearing a seatbelt, I am the only one conscious inside the car after the accident. So I immediately get out of the car and ask for help from the other motorists passing by us to bring my entire injured passenger to the nearest hospital. Then I’ve waited for the traffic investigator at the scene of accident. When the traffic investigator arrived, he immediately told me that not so far away there is also an injured motorist driving a motorcycle at east service road is also involved in my accident. According to the investigator that person is hit by the debris from the collision of my car to the fence. Due to my concern, I told them to also bring that person to the nearest hospital. Note: All I wrote is in this paragraph is clearly written in the traffic police report. And also indicated in the police report that this case is a SELF ACCIDENT.
In the hospital I shouldered the bills and medicine cost of that person amounting to P7,000. Indicated in his medical certificate is “trauma secondary to vehicular accident”, and that he has a minor fracture in his right shoulder and needs a 1-1/2month rest at home. So he demanded me for a 1-1/2 month of his salary plus the damages of his motorcycle amounting to P20,000. I offered him P10,000 and asked for his pay slips to verify if how much really is his salary per month, but he said that he is only a freelance air-con technician so he has no pay slips or any documents that he can show to me how much really is his monthly income. And he also told me that if I will not give the 20k he will sue me, lastly I politely offer him P15,000 because this is my last money and because I want an amicable settlement . But he turned it down and said “just wait for your subpoena”. After that, we didn’t communicate until January 31, 2012 that I received a subpoena R-I-R-D-P W/S-P-I and the complainant is now demanding for a 4 month salary and for me to pay all his “ABALA” filing this case. Also written in the subpoena that I am being directed to submit my counter-affidavit, etc. at the city prosecutor office of Paranaque on February 15 and February 22, 2012. My questions are:
1. What if I did not come/appear on city prosecutor office on the said dates? What will be my penalty or sanction?
2. What should I bring in case I decided to appear on city prosecutor office? Should I bring an attorney?
3. Based on the medical report is it really a serious physical injury?
4. What are the ways to end this case? Or to win in this case?
5. That was an accident; did I really have to pay for his salary?
6. Can I use the TPL insurance of my car to solve this case? If Yes, What are the procedures in claiming?
7. How should I treat this kind of case? What are my options?
Please help me I really need your immediate advise. I am very confused pakiramdam ko pine-perahan lang ako nitong tao na ito nakikiusap ako sa kanya dahil total wreck din yung kotse ko. I did my best to help him or to settle this case but still he sues me. Thank you very much po and more power to you all…