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reckless imprudence resulting to minor physical injuries and damage to property

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sir, un po partner ko nagdrive po ng madaling araw s national h-way ng biglang huminto un nsa unahan nya too late n ng nagbreak cya kaya iniwas n lng nya kso inabot p rin total wreck po un van nmin...nsugatan po un mga pasahero ng jeep n nbangga po...cngot n po nmin un mga gamot at hospital kaso un mga pasahero ng jeep humihingi p rin ng damages at nagbbanta n magddemanda cla kng hndi ibbgay un gusto nla...pnssgot nla un lht ng araw n d cla pmsok at pti un cngot ng HMO nla pnssgot din pati un paid leaves...nlaman nmin n wla pla rehistro un jeep n snsakyan nla at humihingi p rin ng boundary at pagawa eh n disapprove cla ng insurance nmin kc wla nga mga papers...ano po un ggawin nmin? wlang wla n rin kmi nangutang n nga lng kmi para mbyaran lht ng mga obligasyon nmin s hospital sana matulungan nyo kmi s lalong mdling panahon kasi parang mababaliw ako

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attyLLL


moderator
if you really don't have any resources to pay for the damages, then you can take the 'garapal' approach. let them file their cases. in the end, the worse you'll experience is that it will appear on the nbi record of your partner. even if he is convicted, then he can apply for probation so he doesn't serve any imprisonment. he should divest himself of any assets. in whose name is the vehicle he was driving registered? if it's not him, he can be made liable for damages also.


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really, atty? ur telling me that i should pay them off each and everyone the amount they want to settle eventhough its just a "bugbog"? and the fact that we pay all their expenses?

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attyLLL


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no, i did not say that you should pay them or that they are entitled to it. settlement is all about what the parties are willing to settle at. it is not about what is fair, but what is acceptable.

your argument in you first post is that you have nothing to pay with. you can try to negotiate them down or force them to have to file a case against you. i have used this tactic with success and eventually those with exaggerated claims went down to more realistic levels. good luck.


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m3_jasmin@yahoo.com


Arresto Menor
hello sir, my husband with his backrider met an accident last October 5,2010 against the driver of water district in our province.
the driver did not bother to help or check their condition. He had an operation on his right foot.
ang asawa ko ang nagbayad ng lahat ng hospital bills at medication, wala ginawa ang driver na khit anung pag tulong umabot ng halos 100k ang gastos.
Ngafile kmi ng kaso, nagkaharap n kmi sa piscal nakipag areglo pero ang gusto bayaran lng ang atty. fee ng asawa ko sa sunod nlng daw yung gastos sa hospital. hnd pumayag ang asawa ko, pinag patuloy nya ang kaso.
ang tanung ko po, pinadalahan na ako ng resolution galing sa city prosecutor office. anu po ang susunod n step nyan? mag a arraignment na po ba?ksi matagal n po na pindala ang resolution last november pa, until now wala pa result.
ang abogado ko kc hnd man lng mag update sa akin parang walang pakialam, tinatawagan ko hindi ako sinasagot hnd ko alam kung bakit po.
Hoping for immediate response, Thank you very much

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attyLLL


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go to the MTC Office of the Clerk of Court (MTC-OCC) and inquire where the case was filed, then follow up with the court when arraignment will be held.


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xytus


Arresto Menor
ask ko lang po atty, pinadlahan na rin ako ng resolution sa estafa case... ano po ang susunod at ano po ang pwede kong gawin? ako po yung respondent?

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attyLLL


moderator
the ruling was against you?


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babyjul09


Arresto Menor
pg mga gnito case po, ano anu po mga fine or penalty...pwed po b sya makulong?

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attyLLL


moderator
even if convicted, probation is available.


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chuck


Arresto Menor
attyLLL wrote:no, i did not say that you should pay them or that they are entitled to it. settlement is all about what the parties are willing to settle at. it is not about what is fair, but what is acceptable.

your argument in you first post is that you have nothing to pay with. you can try to negotiate them down or force them to have to file a case against you. i have used this tactic with success and eventually those with exaggerated claims went down to more realistic levels. good luck.

Atty, in case the driver won't pay coz he has no money nor assets, then the owner of the car is living outside the country...then the brother of the driver was signing in the police report that he is willing to pay all the medical expenses,he paid naman but not all expenses, question , is the brother of driver is liable also? thank you attorney

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12 pls enlighten me on Thu Aug 30, 2012 1:39 pm

mauix042


Arresto Menor
am a fire officer here in cebu..the incident happened, last august 14, 2012 at around 1:25pm. I was waiting for a jeepney to ride when i was hit by a hyundai double cab pick-up truck.i was standing at the side of the road and luckily i ws carrying my bag when i got hit.i approached the driver and he had this arrogant tone.i hesitated or never taught of hitting him because at first, i did not feel anything in my back.i went to the police station and he followed. the police personnel did not took police report nor took his license.they said to report it directly to the traffic police.i told the driver to meet me at the police traffic office but he never showed.he said to take care of my medical expenses but i contacted him the next day, he never answered and replied.

i reported it to the traffic police and got my medical certificate and found out that my xray was ok.as time goes by, my back is aching.also i was given medication by the doctor.i texted again the driver and he never replied instead an official from the BFP, which i knew texted me and telling me that his cousin told her that i am giving him a hard time to settle the problem when in fact he is not reaching out.no nothing.

when,the scheduled date that we should met in the police station came,august 25, 2012, he is telling the officer this and that which was not the case.he was calmy stating that he was careful.but never sorry.

sir,his license was taken and was issued TOP.he said he will take care of my medical bills.we never had a waiver or any form of writing that we signed.all was verbal.

my questions are;

-was the verbal agreement enough?
- i was absent for 3 days,had to file for a leave of absence, and i want it paid,do i have a legal claim for that.
- what other responsibilities and legal actions i may file to him and the vehicle he is driving because as of this time, he is still driving and is not communicating with me in any other way.
- i have here a list of the expenses i incurred during the time of filing and claiming which majority of them do not have receipts.e.g. jeepney fare, eating in bakeshop, mineral water in sidewalks, eating in carenderia and tablets/medicines.

please enighted me.

thank you and more power.

God Bless

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13 need advice poh on Tue Jun 24, 2014 4:36 pm

cristina1986


Arresto Menor
attorney may na side swept poh ako ng side mirror ko habang nag lalakad dinala ko po agad sa kilalang hospital may gasgas po sya maliit pero sa awa ng Dios ok naman sya at walang nangyari sa kanya... ang result nya ok naman lumabas agad kasi wala namang nangyari after next day sabi nya mag usap kami bout insurance sabi ko ok na wala namang nangyari o sira ang side merror tapos 2500 lang naman na gastos ko sa hospital sabi nya ok mag pa blotter nalang tayo after 3days napo yon sinamahan ko sya at asawa nya sabi poh nya gusto nya mag pa confined para bayaran sya ng insurance ko pina galitan sya ng police kase bakit sya mag papa confined ok naman sya tapos sabi nya ok nalang pa record lang daw at ng hapon nag txt sya nag patingin daw sya sa ibang hospital pinalitan daw gamot nya mali daw ... after a week nag txt sya need nya pera mag papa doctor daw d nako nag reply kasi parang d na tama ok naman wala namang nang yare after a week naman nag txt sya need nya daw pera mag papa hospital ulit hanggang d ko na pinasi may dumating na sumon sa brgy pumunta ako tapos sabi nya naka gastos sya ng 3600 sa bagong gamot sabi ok bayaran ko yan tapos taxi daw nya 6hundred din ok parin ako bayaran lahat tapos sabi nya bigyan ko daw sya nga50th. para sa sakit na naramdaman nya nag banta na mag sasampa ng kaso pag d ako nag bigay natawa nalang ang punong brgy s kanya atty ano bah dapat kng gawin pls help

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