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Accident resulting to physical injuries

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1Accident resulting to physical injuries Empty Accident resulting to physical injuries Sat Apr 06, 2013 10:36 pm

ordinarycitizen017


Arresto Menor

My father got into an accident last March 23 when he fell from a jeep. He was about to alight the jeep but the driver started forward and my father fell on his left side causing head injury, wounds all over his left side and frozen left shoulder.
The driver took him to the hospital. Prior to this, they went to the barangay to file a blotter against the driver. They also had a written agreement signed by the driver and my mother that no charges would be filed if the medical fees caused by this accident would be shouldered by the driver.
My father stayed in the hospital for five days; it took that long because the operator and the driver wont pay for the hospital bills. So we paid for the hospital bills and went on to file a civil case against the driver. The police recommended that we also file a complaint with the LTFRB so that it would push them to settle the bills or the franchise of the cooperative will be cancelled and the license of the driver will be cancelled also. We have a medico-legal and all the receipts for the medical fees.
My questions are:
(1) the hearing would not be til 3-4 weeks, are the things that we did sufficient to push them to pay the medical fees brought about by the incident? is there anything else that we can do?
(2) if they would not pay, what would we need to do next? would the driver and operator be jailed for this?

Your help is greatly appreciated.

Thank you very much.

attyLLL


moderator

you can file complaints both at the ltfrb and at the prosecutor's office. at the ltfrb, they can only suffer a fine, suspension or revocation.

the criminal aspect is at the prosecutor's office and can be filed only against the driver, but the operator can be made subsidiarily liable upon conviction.

my recommendation would be a small claims case for damages if they are less than 100k against both the operator, owner and driver. rules on sc.judiciary.gov.ph

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