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VEHICULAR ACCIDENT

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1 VEHICULAR ACCIDENT on Mon Jul 23, 2012 2:49 am

anilov_110682


Arresto Menor
Last July 16,2012 my father met an accident.
He was hit by motorcyle while crossing the
street.
He was rushed to the hospital nearby
and then transfered later on to East Avenue
hospital due to the severity of the injuries
(fractured left cheekbone.It was the driver
of the motorcycle who brought him to the
hospital.
FACTS:
1) The driver was driving without a liscense.
2) The motorcycle wasn't his.
3) He used the motorcylce without the owners
consent.
4) The motorcycle is in the impounding
5) The motorcycle's registration was expired.
6) We have an a notarized aggreemnent filed
at the Caloocan City Traffic Enforcement Group
that they will shoulder all the expenses
in the hospital up until my fathers
recuperation.
7) There is no case filed yet againts the driver.

QUESTION:
1) Can we still file a case against the driver
even if he still shouldering SOME
of the expsenses
(which is very difficult to obtain)
2) Is the owner of the motorcycle liable too?
3) What cases can we file against the driver?
4) If ever the driver runs from the responsibilty,
can his immidiate family shoulder the
expenses?

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2 Re: VEHICULAR ACCIDENT on Mon Jul 23, 2012 11:01 pm

redpula


Prision Correccional
this is just my humble answer to your questions i am not a lawyer, just a plain law student.

1. Yes, you can file reckless imprudence resulting to serious physical injury
2. Yes, the owner is liable, there is a need to implead him/her in an action for damages.
3. for culpa criminal, read answer no. 1. for civil action read no. 2. specifically violation of art. 2176 of the civil code of the philippines
4. no, only property/ies belonging to the offender and not to his immediate family member nor their conjugal property can be garnish in case the court shall rule in the offendee's favor.

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3 Re: VEHICULAR ACCIDENT on Tue Jul 24, 2012 1:18 am

hlslawph


Arresto Menor
1. Yes. You can still file a criminal case or civil or both.
2. The owner of the motorcycle is liable under the registered owner rule.
3. You can file a criminal case for reckless imprudence/negligence resulting in physical injuries or simply a civil case for damages arising from the crime or both. Or you can file a complaint for quasi-delict against the owner.
4. If he is a minor, you can make his parents pay. Otherwise, look for any of his properties.

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4 Re: VEHICULAR ACCIDENT Today at 3:45 pm

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