Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

Vehicular accident with serious physical injury

Go down  Message [Page 1 of 1]


Arresto Menor
Hello, I would really appreciate some advise regarding my situation. A little over a month ago, I was involved in an accident with a motorcycle rider + passenger (aka: haba-habal). I was on the left most lane approaching an intersection, there was another car on the right most lane. There was no stoplight and no traffic enforcer because it was raining. When I saw that the car to my right was moving to cross the intersection, I followed suit, but the habal habal suddenly crossed the intersection from the right. The car in the right most lane was able to stop, but I was not able to in time so I hit the side of the motorcycle with my front end (like a T). At the time, to the best of my knowledge my speed was accelerating from 30-40 km/h. My passenger and I attended to both the rider and driver and called for an ambulance. Both of them were brought to the nearest hospital and were given emergency treatment. The driver had minimal injuries and was immediately discharged. I signed an affidavit of agreement with the driver that I would shoulder all medical expenses (completed with receipts), and only partial repair of the motorcycle (not paid yet). However, the passenger sustained a more serious injury (open fracture of the tibia, closed fracture of the fibula, closed fracture of tibial plateau). The estimated cost of treatment for the fracture at the hospital was too expensive, and his family suggested that they transfer him to Philippine Orthopedic Center so that expenses may be more manageable. I signed an agreement with the passenger that I will shoulder all medical expenses, and if any additional compensation would be required because he is not able to work due to his injury, is open to negotiation. He was treated at the Philippine Orthopedic Center on the same day, and the doctor recommended that surgery would be needed for full recovery. He was discharged the next day after a full leg cast was applied on him. The doctor at POC said that in order for him to get a scheduled surgery at the POC, the metal implants that is needed for the surgery as well as 2 bags of blood must be deposited to the hospital's blood bank. As of today, I have already paid for all the medical expenses (with receipts) , the implants have also been paid for and the blood bags deposited at the hospital's blood bank. We are now just waiting for the doctor to schedule the surgery. However, the doctor has already pointed out that the waiting time may be quite long because they prioritize patients based on who completed the requirements first and by the seriousness of the injury. The passenger is now getting impatient, and is requesting that he be operated immediately in a private hospital, but I cannot afford the cost. The surgery at POC is free, and I only need to pay for an anesthesiologist, and medical supplies which the doctor estimates at 20,000php. What are the legal ramifications for me if they choose to undergo surgery at a private hospital which I cannot afford to pay for? The medical expenses alone for both the driver and passenger has already cost me more than 110,000PHP.

Some things worth noting:

The passenger explicitly mentions in his police statement that he was riding a habal habal, which if I'm not mistaken , is illegal. Does this have any bearing if they decide to pursue a case against me if I am unable to completely pay for his surgery at a private hospital?

Nowhere in the police report does it state that I am solely liable for the accident, nor have I admitted to any liability on my part.

Any help or advice would be greatly appreciated.

Thank you.

View user profile

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum