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affidavit of desistance and release of claim validity.

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sammy1970


Arresto Menor
Last 2014 Sept. 7, i had an vehicular accident and injuring 2 riders and brought them to the nearest hospital. i paid for their hospital bills and for the repair of the motorcycle. I got all the hospital original o.r. indicated paid by me (my name for patient xxxxxxx) Both riders were released in the same day (OPD). The cause of accident, when a black car over took my car at the right side and cut my way and i steered to the left and stepped on the brake but accidentally hit a motorcycle. Before we all went home, they let me signed an agreement that i will shoulder all the medications and other medical expenses (no police report been filed or police blotter nor any accident incident reported) and i did signed the letter. Verbally i promised them that i will notify my insurance provider about the incident.

The next day September 8, 2014, i called up my insurance provider informing them about the accident and personally i when there to provide all documents needed to process the claim. Giving them the information about the 2 victims, there contact numbers and address plus the shop where the motorcycle was lodged.

On September 9, 2015, the insurance representative called the victims and had an appointment with them to assess their injuries and if possible to settle the claim. They all agreed to a certain amount (counter offer by both victims) as per advise by the insurance representative to me.

On September 10, 2015, the insurance representative called and inform me that he will settle the claim tomorrow, SEPT.11, 2015) and the amount was approved by my insurance provider to settle it as soon as possible.

On September 11, 2015 in the morning, the insurance representative went to the victims house, again, called me around 11a.m and advised me that the claims were already been settled and accepted by the third party (TP) as full settlement, RELEASE OF CLAIM AND AFFIDAVIT OF DESISTANCE already signed with date hand written by the under signed and witnessed by his wife.

After several days or a week past, victim's injury didn't healed as we all expecting. The victim called to notify me. I told him i will call up my insurance provider first so that they can attend to him and to his needs. My insurance provider told me that we already settled it as agreed by all parties and THIRD PARTIES accepted our settlement. And so i was told to ignore them.

On Oct 01, 2015, the victim file a criminal case against me, RECKLESS IMPRUDENCE RESULTING TO SERIOUS PHYSICAL INJURY.

After submitting my counter affidavit and resolution came out after almost a year,  to indict me for the reason that the RELEASE OF CLAIM and AFFIDAVIT OF DESISTANCE signed by the complainant has no weight and not valid. Stating that: First, the release of claim was not notarized; Secondly, the settlement was not done in front of a fiscal to witness it.

The settlement was done at the victims house, how can the insurance representative have it notarized if the victim himself need to rest for several days for him to walk? when the insurance representative compensated them, there were no legal complaint filed, so its impossible for us to settle it in front of the fiscal.

The complainant is claiming that he is the one who paid all the hospital bills and demanding for reimbursement plus additional compensation.

Presently i already posted bail and i will be arraigned this November.

After reviewing the documents submitted by the complainant as evidence, we noticed that the hospital billing statement was paid by his health insurance provider, HMO to xxxxxxxxxxxx.

What we did, we call-up the insurance health provider of the THIRD PARTY (complainant) and they confirmed it to us that they the one who paid all the hospital bills and the complainant had executed an affidavit stating that he was involved in a self-accident while riding his motorbike on September 7, 2015 same time and the same date we had an accident.

COMPLAINANT'S health insurance provider is asking me for an appointment so that we can compare, share files and documents but i told them in due time i will call them again.

My questions are:

1. Will the documents (RELEASE OF CLAIM AND THE AFFIDAVIT OF DESISTANCE) signed by the complainant will stands in court as evidence even not notarized?
(my insurance provider was the one who processed and settled the claim to the TP) and the insurance representative is my witness to this case;

2. Can i file a case against the complainant for PERJURY and DAMAGES?

3. Will it be a wiser if i tell him (TP) that his insurance health provider who paid the hospital bills? Ask for the original hospital OFFICIAL RECEIPT to prove his claim or wait and we go to trial then subpoena the records of his health insurance provider?

4. Is a double (triple) claim a criminal act?

5. Do i have a strong defense?



God bless.



Last edited by sammy1970 on Fri Nov 25, 2016 10:41 pm; edited 1 time in total (Reason for editing : wrong dated stated.)

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