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Motorcycle Owner Liabilities in case of accident

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francz


Arresto Menor
Hi Atty,

I would like to ask for your advise in this case,

I am an owner of a motorcycle. My bike was borrowed by a neighbor. Unfortunately, my neighbor also let a friend borrow my bike.

While my neighbor's friend was driving my bike, she met an accident and hit a woman who has been brain dead since she arrived at the hospital.

As the owner of the said motorcycle, what would my possible liabilities to the victim?

I was not aware what happened after I let my neighbor borrow my motorcycle. Does that leave me innocent of the crime committed by my neighbor's friend?

How much must I pay if I am considered liable?

Pls answer my query...

Thank you very much.

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attyLLL


moderator
you are not criminally liable, but you can be made liable for the damages after due proceedings


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francz


Arresto Menor
attyLLL, thank you very much for your response.


I am now coordinating with the girl's family for the claim of my motorcycle's insurance.

Is that good?

What are the actions you would like to recommend?

How much do you think is the maximum amount for damages I may pay them?

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attyLLL


moderator
your third party liability should cover up to 100k


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Joeyfer


Arresto Menor
Hi Atty,

Under this same topic, similarly an office mate of mine was driving his motorcycle when he accidentally hit a pedestrian crossing the street. Victim (she) was rushed to a hospital, underwent the usual medical exams and was then able to go home without any major bodily injury. A medical statement from the doctor was released stating that she is generally fine. In spite of this result, she demanded for a CT scan which was granted the next day. On the 3rd day, when my officemate thought that everything will finally be settled, she demanded for P5,000 and agreed only to sign on the quit claim if it included the condition that she can still claim for check-up costs if the need arises in the future... can my officemate refuse any further demands? This victim seems to be taking advantage already... suspiciously because she has no job. Up to what point can my officemate refuse any further demands he already finds unreasonable and abusive? Would appreciate your advise.

Thank you very much.

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attyLLL


moderator
that's a purely personal decision. settlement without a final quit claim does not immediately relieve him of liability


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alexisbantilan


Reclusion Perpetua
Recommendation: Training on basic traffic rules..The victim was crossing a pedestrian lane.

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saunterer


Arresto Menor
n civil law, an entity can be found negligent if there is loss or damage incurred through an individual’s action or their failure to act. This is called a “tort”. Tort law is defined as a wrongful act, when committed, causes injury to another. Tort law was developed to assist injured parties in seeking compensation for harm or wrongdoing.

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maricris_000


Arresto Menor
hi atty,,

my brother have a motor,my husband borrowed it from my brother then he returned the key afterwards... while my brother is sleeping my husband borrowed it again and give the key to my brother inlaw,, but somebody borrowed it also to my brother in law unfortunately that guy met an accident,he was fine but the motorcycle was broken..on the next day my brother was looking for the motor,they did not even inform my husband and specially my brother for what happen,they let my brother to search for it..we try to speak to the family (parents) of the guy to shoulder the expenses of the damage but they refuse and their not even feel sorry for what happen..thats why whe ask blotter from brgy we want to know if we can pursue the case,,and what are the chances

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attyLLL


moderator
chances depends on the evidence you will present. after the bgy, you can opt to file a civil case through a small claims case (rules on sc.judiciary.gov.ph) or if the evidence warrants, a criminal case of damage to property through reckless imprudence


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11 amicable settlement sa police station on Fri Aug 03, 2012 11:53 am

jodal


Arresto Menor
hello atty!
ang motor ko ay hiniram ng aking kaibigan, tapos nakabanga siya ng babae.Sa awa ng Dios wala naman nagyari sa kanilang dalawa.Yung Motor ko expired na ang Rehistro kasi Luma na kaya diko na pinarehestro.Yong Driver lasing at walang Driver Licence. Doon sa may police station nagkasundo kami ng nanay ng babae at ng Husband ng biktima na babayaran namin ang nagastos nila sa Hospital. Ang sinabi nila na 24T daw lahat. Naghati kami ngayon tig 12T ng kaibigan ko na babayaran namin within one month. yong lang ang nakalagay sa AMICABLE SETTLEMENT namin doon sa Police Station.Pero nag-usap kami na within 6 months to 1 year e pa chk-up nila yong biktima pag may problema na malaki sa health na related sa accident hati kami sa gastos sa Hospital pero hindi nakalagay doon sa AMICABLE SETTLEMENT. Nang babayaran na namin ang 24T hindi muna nila tinangap kasi mayron silang pinapirmahan sa amin na Affidavit of Undertaking galing ng Abogado na nakalagay na doon "we promise to pay one half(1/2) of the medication cost in the future in case of health problems of the victim in relation to the said accident".
Ang Tanong Ko.
1. Legal ba yong aming ginawang AMICABLE SETTLEMENTt doon sa Police Station?
2. Pag nagFile sila ng kaso sa amin ano bang Liability ko as the owner of motorcycle? makukulong ba ako? Wala naman akong kasalanan, kasi hindi naman ako ang nag drive.
3. Pipirma ba kami sa Affidavit of Undertaking?Pag di daw kami pumirma mag fi file sila ng kaso.
4. Ano ba ang dapat namin gawin kung hindi nila tangapin ang ibabayad namin pera doon sa pinag-usapan namin sa AMICABLE SETTLEMENT.

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reereeree


Arresto Menor
Hi attorney,
Good day po,

My question is In this case I was the victim of an accident on a bus. at the time of the incident I immediately rushed to the hospital. With severe injuries who required major surgery. At the time I was there in the emergency room, the bus companies sent their representatives, but the representative did not answer whether they will be solely responsible for the entire cost of my hospital bills. And until now there was nothing of their goodwill to solve and settle all the bill. And when I was in the emergency room of this case has been examined by police and is currently a criminal case is still ongoing, but the parties are subject to the criminal law was only the bus driver. whereas in fact we only want that the bus company to settle all the hospital bills and their other obligations towards the cost of my hospital treatment, which was partially covered by insurance. therefore we intend to file a civil case against the bus company. you should know we also have sent letters to LTFRB authority, departments of transportation and communication and other authorities parties to revoke the bus company's operating license. What is your suggest if we want to push the bus companies to cooperative and negotiate out of court? and should I file the loss that I experienced on civil law? and I wonder if my chances of winning a civil case, where I was the victim injured the negligence of the bus driver.

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mel.key.16


Arresto Menor
Because you are a passenger, it is the owner of the bus who is responsible to pay you for all damages you incurred because of the accident.

The registered owner of the bus is STRICTLY liable for injuries to its passenger because of the negligence of its driver.

As to the question of your chances of winning, it will depend on the evidence you have, and the skill of your lawyer.

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gigilopez


Arresto Menor
magandang hapon...ako po victor..nagbenta po ako ng motor ko sa isang tao kumpleto po lahat ng legal papers...nung benenta ko po ung motor ko maayos at walang problema...ung pinagbentahan ko po ng motor ko binigyan ko po siya ng warranty ng isang buwan...makalipas po ang dalawang buwan nakatangap ako ng text message sa nakabili ng motor ko ang sabi nia ipagawa ko daw at pag hindi ko daw po ipapagawa eh dedemanda niya daw po ako...ano po ba ang dapat na magandang gawin?kasi ang napagkasunduan lang po namin ay isang buwan na warranty.tapos ayaw niya pa na pirmahan ang ginawa kong deed of sale..salamat po.

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attyLLL


moderator
by default, second hand sales are without warranty.


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fidel1980


Arresto Menor
Hi Atty.,

Good day. I had this car accident last night. I admit it was my fault and i am very willing to use my insurance and pay the participation fee for the damage that i have done. The problem is that, the second party do not want to cooperate. in processiong of insurance, etc. I will bring my policy to the police for him to use my compre insurance. Ang problema po gusto daw niya tlg magdemanda. Is it possible po ba? hindi ko naman siya tinakasan at inaako ko naman ang responsibility pero kung siya ang ayaw makipagcooperate, ano po kaya ang magandang gawin para hindi na umabot sa korte ang ganitong usapan? anyway, front bumper lng naman ang may gasgas. please help. thanks,.

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lrdusaran


Arresto Menor
Good Afternoon Atty,

I just want to ask,,,the LTO refused to accept and process the registration of motorcycle because it appeared that the previous owner have trafic violations (riding mc w/out helmet and under influence of alcohol). The LTO demanded the settlement of P1,500. Is it lawful??? The unit was repossessed by our company from that previous user.
Hope you can help.

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