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Reckless Imprudence resultimg tp Property Damage with Slight Physical Injuries

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rcscala


Arresto Menor
Before anything else I'd like to tell you that I really appreciate what you guys have been doing, by helping and giving free legal advice to everybody who needs it. Very Happy

Anyway, I would also need your expert advice and guidance on what I should do with my case below.

Last April, I was on my way home with my wife (I was only travelling at bet 10-20kph since I was approaching traffic) when suddenly a motorcycle from behind (running at 40kph) overtook me from my left causing his muffler to hit my left front bumper portion, thus causing him to lose control and eventually went down. Luckily, the rider was able to jump, however, the motorcycle's front wheel slid to the other lane and was run down by an approaching truck causing damages to his vehicle.

We went to the Traffic sector to file for a police report. However, the police report stated that I was the one on fault and I was the one who sideswiped the motorcycle and the greatest mistake I ever made was I didn't read the report anymore that time since I didn't expect that I would be the faulty one.

On top of that, the authorities there didn't inform me either that I was on fault or didn't even tell/ ask me to talk to the rider, they just told me "ok na yan" (I suspect they favor the rider since the officer knows the rider).

But still, I talked to the rider and told him that we should shoulder each of our own damages and the rider agreed (What we only had was a verbal agreement).We also exchanged our contact nos. in case there would be further concerns in the future.

Last week (May 17), I received a letter from the prosecutor's office telling me to appear in connection with this incident (RIRIDTP W/ PI)on May 28 and June 11. Here are my questions and concerns;

a. What can I expect on the May 28 meeting?

b. Can these charges be possibly dropped due to a wrong or incomplete police report?

c. Can he still sue me even we had a verbal agreement before?

d. Would it be right/ legal for him to immediately escalate this in court rather that discussing his concerns first with me since he knows my contact nos. and home address


e. I plan to make settlement just to finish this issue once and for all, however, if they are going to demand much (which I'm expecting), can I make a 'KONTRA DEMANDA" and what charges may I file?[/b][/b]

I desperately need your expert/ legal advise on this matter since I haven't been in this situation before, I'm really stressed out because of this and would definitely appreciate your patience in reading my story and helping me out with this.

Thank you very much and God Bless You All!!! Very Happy



Last edited by rcscala on Fri May 25, 2012 5:49 pm; edited 1 time in total

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rcscala


Arresto Menor
Can anyone give me advice here please....

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attyLLL


moderator
a) if there is no copy of the complaint, you will be given one so you can prepare your counter affidavit

b) not for just that reason

c) yes if he denies it

d) if you don't live in the same city, then it is ok to proceed to filed directly to the prosecutor's office, else bgy first.

e) yes riri dtp


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rcscala


Arresto Menor
Thanks moderator for the help and advice, God Bless You!!! Smile

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Chase-me


Arresto Menor
Good Day po Atty, tatanung ko lang, bale nasa RTC na po ung case ng brother ko, may schedule na di po kami sa mediator, kaso medyo malaki po ung hinihingi samin, parang hindi naman reasonable, ung kapatid ko ang gumastos sa 1 mo hospitalization nya, min wager lang po ang brother ko, ang hiningi po ako 300k. posible po kayang pagbayarin kmi ng korte ng ganun kalaki at ikulong pa siya kung itutuloy namin ang kaso?
- hindi nya lang po kasalan, bale nasagi nya ung babae, na hindi tumawid sa overpass
- pinalalabas nila mabilis ung bro ko pero nov 1 noon at malapit sa cementerio, which is impossible maging mabilis dahil sa dami ng tao at sasakyan
- matanda na po, kaya cguro kahit sa slight preassure/impact ay malaki ang damage.
- hindi po pinabayaan ng kapatid ko, wala po silang ginastos kahit singko, ngkautang - utang na nga po siya.

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attyLLL


moderator
i think you mean mtc? even if your bro is convicted, he can apply for probation. what i would do is to play out the trial until they become reasonable. you can settle anytime.


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