Involved Vehicular Accident

Good day...

Sir, I was involved in vehicular accident last March 30, 2010.
Vehicle (A)=ME, was driven Motorcycle and my opponent which Vehicle (B)=OPPONENT, also drive a motorcycle.

We collide each other in the center of the high way. In result, fractured his feet and confined is hospital. I was detain in Police Traffic Division for 18 hours as a base of Police Traffic Policy. To avoid detention I was immediately negotiate to wife of Vehicle (B)=OPPONENT that I promised to pay the haft of total amount of medical expenses. We both signed the agreement in the police blotter.

So now, the statement of account in Hospital is PHP184,000 (One hundred eighty three thousand pesos) not included the the Doctor's fee. Because if they will include the Doctor's fee in Hospital, the hospital will put additional charge to the Doctor's fee, so the bill is go higher. So, they made this idea because the Doctor's is very close friend of his BOSS.

Now, he said that the Doctor's fee is 70K but no official receipt. And he'd like to add this 70K to 184K from hospital, the result is 254K. So we divided it into two, the result is 127K

REMARKS;
I can't afford this because I am only an ordinary worker has a minimum wages.

So, now i convinced him to sign the AFFIDAVIT OF DESISTANCE because it is needed to claim the THIRD PARTY LIABILITY INSURANCE of my Motorcycle. we also agreed that before he sign the AFFIDAVIT OF DESISTANCE we also make an AGREEMENT OF PAYMENT that state;

(I, ____________, promised to settle the 50% or half amount of Doctor’s fee and total of medical expenses which is my balance is 100K. I pay this through my TPL Insurance. We also agreed that remaining balance from TPL should be fully paid in monthly installment basis.

This agreement is PUBLIC NOTARIZED

Currently, we both have notarized AFFIDAVIT OF DESISTANCE and his AGREEMENT OF PAYMENT

MY QUESTIONS;

1. If my TPL will not release 100k. they should be forced me to pay the balance from TPL?

2. He sign the AFFIDAVIT OF DESISTANCE, Can he use the AGREEMENT OF PAYMENT to file a case against me to force me to pay the remaining balance?


PLEASE I BEG YOU... I NEED YOUR ADVICE...

what does your affidavit of desistance state? what does your insurer say? how much will they cover? have you submitted the original documents?

from your agreement, you are liable to pay the balance. the other party can certainly file a case to enforce the agreement.

affidavit of desistance from him, state;


I, _____________, of legal age, Filipino and a resident of ________________________ after having been duly sworn according to law, hereby depose and say:

THAT, I am the aggrieved party in a vehicular accident, which occurred on ______________ wherein my _______________________________ was __________________ when hit and bumped to that vehicle bearing _______________ driven by _____________ and owned by ________________.

THAT, after a careful deliberation over the case, I am fully convinced that the same arose to be purely accident causing without fault or negligence on the part of the driver _____________________.

THAT, in view of the foregoing, I hereby confess, declare and manifest my absolute lack of interest in and permanent desistance from filing any suit, whether criminal, civil or administrative, arising out of this accidents:

THAT, the foregoing statement have been fully read by me and translated to me in ___________ dialect, which I understand and that I have fully understood their meaning and importance.


INSURANCE LIMIT OR MAXIMUM RELEASE IS 100K

Insurer say that only the Hospital Bills are the basis of computation to process or refund, not the STATEMENT OF ACCOUNT from hospital.

The problem is we only have 65k in O.R. partial payment


original that i submitted in INSURANCE is;

1. affidavit of desistance
2. driver's affidavit (I&Him)
3. O.R from Hospital (partial payment)
4. Medical certificate
5. Statement of account

Base on his statement in AFFIDAVIT OF DESISTANCE, can he still enforce me about the agreement? can he file a case against me? What possible case?

What should I do this...?

your affidavit of desistance is ok. my worry was that it would include a quit claim. you should not worry about a criminal case because the affidavit is good evidence. at most a case can be filed against you for collection of the unpaid amount.

i think your main concern should be claiming from the insurance company. what you will need to present are the original or certified true copies of the hospital receipts or statement of account.

is the hospital bill fully paid for? where is the receipt? tell the insurance company that other insurers accept an original or certified true copy of the statement of account from the hospital. do all you can to get 100k from the insurance company.

ok thanks,,, but the second concern is claiming from the insurance company.

We have a balance from the hospital about 76k+, this balance is stated in Statement of account, he was release from hospital confinement without paying the balance and without waiver of payment to be signed, because his guarantor for this balance is his relative doctor. So the result is;

1. we have no Official Receipt for this balance.
2. we have no Official Receipt for the doctor's because this is not included in the Statement of Account.

According to him that the doctor's fee is 70k, but this is only a verbal because we have not a receipt for the doctor.

questions:

1. Can he force to claim from me the half of all total medical expenses which is my balance is 100k as what we had agreed? Even though, he cannot present an official receipt as an evidence?

2. If ever I only pay the half of all total indicated in Official Receipt or in Statement of account from hospital. He can still be file a case against me, what possible case?

thanks you for your legal advice...

in other insurance companies i have dealt with they accepted a statement of account, whether original or a certified true copy.

make you position that the doctor's fees is not payable by you unless there is written statement of account from the doctor.

if you pay your half, why would he still file a case against you? you already fulfilled your obligation, so what else would he be after?

good day...

Atty., the problem is about our AFFIDAVIT OF AGREEMENT, I stated;

(I, ____________, promised to settle the 50% or half amount of Doctor’s fee and total of medical expenses which is my balance is 100K. I pay this through my TPL Insurance. We also agreed that remaining balance from TPL should be fully paid in monthly installment basis.

Atty., if ever, i will not pay the haft amount of doctor's fee due to the absence of official receipt, can he still force me to pay on this amount?

can he sue? yes.

i think the better way to frame your question is if he sues you will his case prosper? i believe the answer is no because he will not be able to show proof that he suffered damage of P70k.