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Reckless Imprudence Resulting to Physical Injury

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ruel0427


Arresto Menor
Pahelp naman po. My father was riding a bicycle in an intersection, the vehicles in their side is not moving since there was a traffic when suddenly the tricycle in front of him carrying a Steel Matting on top of its roof turns to enter a street and gouge the left eye of my father with the ends of the steel matting. The steel matting extends outside the roof of the tricycle and doesn't have a red flag or red light as marking.

My father had an operation to close the wound in his eye. We used my father's HMO since he is a dependent of my father and the driver of the tricycle promised to pay all excess in hospital expense and Out Patient Medicines. The hospital bill is around 65k and the driver only pay 4.5k for excess in hospital bill and medicines.

The problem came when my father needs second operation to reconstruct his eye since he cant voluntary open his eye lid and he can't already see in his left eye. The operation will cost around 125k. The tricycle driver doesn't want to help on the second operation of my father. We have already talk in the barangay twice for support but the driver still dont want to help.

We are thinking to file this in court. What case can we file to the driver and his operator? How much can we demand as compensation? Can we demand that the driver pay all hospital bills including what our HMO already paid? If he can't pay can we get his tricycle as compensation?

Thanks

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Katrina288


Reclusion Perpetua
You can file a criminal case against the driver for reckless imprudence resulting in physical injury, but if the driver doesn't have money to shoulder the expenses, you can talk to the prosecutor to make a reservation that you will file a civil case against the registered owner/operator of the tricycle (for quasi-delict). The lawyer will know the details of that. You can demand that all expenses be paid by the driver, but if doesn't have money or property, you will not be able to collect anything. You can collect directly from the operator/registered owner of the tricycle.

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pie0702


Arresto Menor
Hi po! Ask ko lang po what we can do with this situation. I went to a salon to have my eyelashes extended. Nkadouble parking po ako kasi puno na yung npkaliit na space n parking ng building. While I am lying in bed,the salon employee told me na lalabas n yung isang kotse so kelangan ilipat yung car ko. The said employee asked for my key para ibigay sa guard at sya ang mglilipat. They said that their guards know how to drive and that's what they do with their clients cars n nkadouble parking. Other establishments do that as well according to them.So I gave my car key.

Then nalaman ko nalang na nbangga daw yung kotse ko. Di pala marunong yung guard. nabangga nya yung nakapark na  avanza, nasira bumper ng sasakyan ko and worst is nakabangga sya ng tao na nakamotor. Though di ganun yung injury dinala sa hospital yung tao. We were told by the police na criminal case and pwede isampa sa guard at civil case para sa may ari ng sasakyan. Ako yung may ari ng sasakyan. Since walang pera yung guard, napagkasunduan na bayadan ko lahat ng gastos(medical expenses and paayos ng mga sassakyan )at sisingilin ko lahat sa agency ng guard at ikakaltas sa sweldo ng guard.  A total of  16k.

The problem now is ayaw icover ng agency ng guard yung gastos, guard daw ang dapat magbayad kasi driving is not under the guards contract.  We also talked to the salon and the building owner kasi may negligence din sila, bkit nila kinukuha sa clients nila yung susi di naman pala sila sure na marunong mgdrive mga guards nila.The building owner told them pwede ipadrive sa mga guard yung kotse ng mga clients. Sabi nila yung guard daw ang dapat mgbayad ng lahat and they do not want to cooperate. Wala naman pera yung guard.

It was really unfair. Nagpapayos lang ako sa salon, wala ako kasalanan, ngtiwala lang ako and ngbayad ako ng gnun kalaki. Can I demand the salon or the building owner to pay?
Thank you po..



Last edited by pie0702 on Sun Jul 10, 2016 7:21 pm; edited 1 time in total (Reason for editing : few corrections)

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attyLLL


moderator
Sue all of them at the bgy and then later with a small claims case at the metropolitan trial court.


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Chelle lumsky


Arresto Menor
Hello po. Pahelp nmn po kung anu po maganda gawin. My partner encounter an accident sometime in January 2016. While he was biking he was bump at the back by a Toyota fortuner. He was brought to the hospital by the driver who is a korean because he was unconscious. He sustain a wound in the face, knees, elbow and his left hand was fractured. He was unable to work for several weeks.The driver promise to pay all the expenses in the hospital and pay the damages. We agree not to file a complain provided that he will pay the hospital expenses and the damage bicycle. We agree for an amicable settlement in the police station to avoid inconvenience.The breakdown of the hospital expenses including the cost of the damage bicycle was given to him but he refused to pay the bicycle. He complain that the bike was so expensive but that is the actual price. We have not receive any single centavo from him.Can we still file a case against the driver and can we still demand payment for the damages?
Thank you po

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pie0702


Arresto Menor
Hello po ulit| Thank you for the quick response. I really appreciateit. Confirm ko lang po if I understand you right, Sa barangay muna kami punta to file a complaint?

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attyLLL


moderator
Chelle, hopefully there was a police report. request the police to assist you file a case at the prosecutor. if there was none, you will have to file a complaint directly

Pie, it's actually only necessary if you are residents of the same city, but it might lead to a good settlement.


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