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defense against motor vehicle accident

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1 defense against motor vehicle accident on Tue Jan 15, 2013 11:27 am

bonita13green


Arresto Menor
Good day po. I badly need help from you guys regarding my case. last sunday, january 6, 2013, I was driving my motorcycle with my two sisters when a kid from our neighborhood ran towards us. we have a rough road going to our house so its really impossible to speed up. I did not bump the kid but the father insisted that I have. I, together wit my sisters, fell from the motorcycle due to my efforts to evade the kid. i steered left and braked, and my wheel slipped and we fell. my left shoulders, hips, thighs and knees were bruised and i attained a knee injury while the kid only scraped his knee.
Now, the father filed a case in our barangay against me accusing me of bumping his child. he also said that he failed to report to work for several days because of the incident and has paid hospital bills for his kid.
What is my defense in this case? how can i prove that i did not bump the child? Please enlighten. it would be of great help for me. Thank you

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2 Re: defense against motor vehicle accident on Tue Jan 15, 2013 12:02 pm

raheemerick


Reclusion Perpetua
a neutral witneses may help you to justify your testimony. medical records of child can also be used for review and study. but still since you said your driving the said vihicle together w/ your 2 sisters? it can also be used againts you. (over loaded) motorcycle are only alowed to ride for the maximum of "2 persons" including the driver. and your lucky if you have a drivers liscens. but anyway i sugest you to have the complete medical record of the victim for study. and it will speaks for you. but anyway, you can also make a counter againts him for letting hes child un-guarded along the streets. there is also a mistake on hes side.

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3 Re: defense against motor vehicle accident on Thu Jan 17, 2013 12:40 pm

bonita13green


Arresto Menor
thanks for your reply. however, we're only driving near our house and not in the streets. its actually a pathway which can pass only one vehicle and rough road. further, we already met yesterday in the brgy since he summoned me there to ask for damages. we didnt talk about the incident since all he wanted was for us to pay Php 2,500.00 for his taxi fare and Php 4,000.00 for his and her wife's salary for two days since they were able to absent due to the incident. he cannot give us any receipts since he didnt have any. i insited that if we have to pay for anything, we'll only pay for the coverable medical charges but he wouldnt let us do that since his son is covered by their insurance. Isnt it unjust if we have to pay for his so called 'damages' incurred without necessary proof? and are we even liable for their salaries? Again, Thank you for your reply.

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4 motorcycle accident on Tue Jun 10, 2014 5:37 pm

melanie33


Arresto Menor
hi atty im melanie my husband committed accident yesterday sya po ngddrive ng motor ung victim po biglang tumawid khit binusinahan pgaakala ng husband ko hindi po sya tutuloy kya dumerecho pero hindi po pedestrian ung tnawiran now they are demanding us to pay all the bills or else kkasuhan dw husband ko obliged po b kmi to pay all the medical bills? injured din po husband bali po 2 ribs nya. nginquire din po ako s tpl insurance hindi daw po possible n bbyaran lhat ng receipts n ipfor reimbursement incase babayaran muna nmin then reimbursed s insurance tama po b? since accident ngyari s hindi pedestrian bka hindi daw po byaran ng insurance? mguusap po kmi bukas s kmaganak ng victim. need your answer po very badly. maraming maraming salamat po!!!

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5 Re: defense against motor vehicle accident on Sat Nov 08, 2014 8:57 am

jbeguir


Arresto Menor
Good Day Atty, I was involve in a motorcycle accident last night.
Me and my wife were riding the motorcycle along Roxas Blvrd manila (in front of the Philippine flag pole in Luneta). The traffic light is green and there were no pedetrian lane on that part of the road. When suddenly a girl (age 10-13 estimated) cross the street running. I tried to stop the motorcycle but i feel that it will not be enough so a immediately turn the motorcycle wheel while breaking to avoid the girl. But still the girl was hit on her right arm. While me and my wife tried to recover our balance but failed, so we hit the groud really hard and just this morning we are now feeling all the pain thoughout our body. Now settle the girl's medical checkup last night and wrote a letter that we will support treatments for any injuries cause by the motorcycle accident we are involved. Now since we are settled, just like to know if in the scenario above, are we still at fault? I mean I was drying carefully and following traffic rules and regulations but what can we do if for some unavoidable instance like the above where we think (at least in our side) that we are not at fault and we are the ones who has more damage ang injuries?

Thanks.

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