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Motor vehicular accident

What are my chances of winning this case?

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1 Motor vehicular accident on Tue Jun 19, 2012 11:52 pm

jgavan


Arresto Menor
Last saturday (June 16), my boyfriend and I are crossing the street (using the pedestrian, by the way) and I got hit by a motorcycle. I was just ONE STEP away from the side walk when all of a sudden, a motor sped off and I was hit and fell to the ground. I suffered from minor wounds all over my body. I was not bought to the hospital right away (even though we're just walking distance from St. Luke's Q.C.) because 1) my bf called for help and 2) the 23-year-old motorist was VERY hesitant to have me cured at St. Luke's because he said he can't afford to pay any cost that'll be incured. It took about 20 minutes before a traffic enforcer came to the area and accompanied me together with reckless driver to St. Luke's (I insisted to be checked in that hospital because I know I deserve to be given first aid). The motorist did not have even a single scratch although his backride (his own godfather) only had a scratch in his leg. After I was brought to the E.R., the traffic enforcer, together with my bf and a family friend, brought the motorist and his godfather to the QCPD Station 9 and had the motorist detained. It was discovered that the motorist only had a student license AND even his godfather didn't have an appropriate license. The 2, however, stated that they will pay the damages.

As for me, I did some series of xray and fortunately, no fracture found. My bill amounted to almost Php13,000. The godfather was sent home to look for money while his inaanak was detained at the precint. I was told that they had an agreement that by 11pm, he will come to the hospital and bring the money to pay for the hospital bill. We waited until midnight, we texted him but no reply. Until my uncle decided to call him and he was just saying "Bukas na lang po, bukas na lang." Obviously, we can't wait until tomorrow (we doubt him anyway) so we settled the bill and went home at around 2am on Sunday. But before going home, we stopped by Station 9 and I submitted my written report (my bf, as the witnessed, did the same).

Up until now, we're not receiving any news from the 2. I believe the detained motorist was free and as for his motorcycle, I'm not sure if it was still impounded or he took it with him. Tomorrow, we have an appointment for medico legal and after that we'll go to Station 9 to formally file a case.

After the long story, what are my chances of winning this battle? My uncle was once in a situation like this, but it has been 3 years and he already spent approx. Php200,000 but he was only paid Php3,000 by the reckless motorist. I'm afraid my case will turn out the same.

THANK YOU VERY MUCH in advance. I really hope you can help me.

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2 Re: Motor vehicular accident on Thu Jun 21, 2012 8:37 pm

attyLLL


moderator
find out first if he was charged. if not then you already gave up your best leverage. your next step will be to ask the help of the police to file a complaint at the prosecutor's office


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3 Re: Motor vehicular accident on Fri Jun 22, 2012 1:09 pm

jgavan


Arresto Menor
attyLLL wrote:find out first if he was charged. if not then you already gave up your best leverage. your next step will be to ask the help of the police to file a complaint at the prosecutor's office

Atty, charged of what? According to the police, his plate was removed from his motorcycle therefore he wouldn't be able to use it. If the said motorist asks clearance from the police, the police on the othe hand will ask permission from ME. Also, aside from being involved in an accident, he was only able to present a student licence. Na-ticketan po siya kumbaga. Yun lang ang nagawa ng pulis and then he was released after 6 hours of being detained.

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4 Re: Motor vehicular accident on Sat Jun 23, 2012 3:35 pm

attyLLL


moderator
that means he wasn't charged; you'll have to file complaint at the prosecutor's office. the police can help you.


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5 Re: Motor vehicular accident Today at 2:36 am

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