Background of the case:
A PUJ used by my father as his service everytime he appropriate (humango) fish for resale malfunctioned and loss its break resulting to immediate injury to my father and others.
He undergone two major operations, stayed at makati med for 39 days and with 1.5M total hospital bills (including doctor's fees).
Operator's representative promised that they will help us all the way BUT it never happened saved the Php 20,000 they initially provided to us on the first night of the incident.
Because of this abandonement we decided to file a case against the driver with the intention that we can indemnify or recover from the operator.
1. It is somehow a custom to some of the passengers of this kind of trade (paghango ng isda for a living "fish vendor" like my father) to sit at the top of the jeep, and at the time of the accident my father was actaully sitting at the top. Would it make our case weak? Can the driver and the operator use it to deny assistance to us?
2. Can we recover the whole amount we paid for the hospital?
3. Can we claim for compensatory damages (sa mga panahon na hindi nakapagtrabaho ang father ko and with the extent of the injury can no longer back to his work)? What could be the basis of this claim in terms of amount?
4. Can we claim for moral and exemplary damages? Who should determine the amount?
5. The operator see us yesterday and have requested for a copy of receipts. They say they will used it to claim for insurance at LTFRB. Should we give them copy? Im hesitant and thinking that they will just use it to get the insurance and keep it for themselves and again abandon us in the process.
6. Up to what extent is the liability of the operator? Are there any set limit as to the amount of help that they could give to the victims like us?
7. In case they refuse to settle with us, can we proceed to the case and eventually send the driver in jail? What's the maximum penalty for this kind of offense?
8. Can we file a separate case to the operator? What could be the charges?
9. Will you advise us to get a lawyer as early as now even if the court has not yet started the case (not yet given us the summons)?
Please help us. I need wisdom on this case so I could help my family recover financially and give justice to my father.
Thank you very much indeed. God bless us all.