reckless imprudence resulting to multiple injury and damaged to property

hi..im peter a month ago while travelling north bound in nlex. a car hit me at the back left side , we slammed into the concrete barrier and rolled over and rested at left side..all 10 of us in the van suffered injuries and trauma and fear...im the driver..i suffered 3 broken ribs..and acromioclavicular joint dislocation,,,all our hospital expenses was provided by the driver who did the accident and we already file claim to our comprehensive insurance...
my question is can i file a case against her because..she is not raising question about our moral damages,pain,fear, trauma,post operative therapy etc...i can sense that all she wants to do is paying our medical bills and nothing follows...

im asking for considerable amounts for our future rehabilation and therapy but she doesnt want to give...so im planning to put it legally for my claims to her...how do will i start??pls..w need help...

ask ko lang po kung sino po pwede sumagot kung sakali po ba pwede pa po ba ako humingi ng mga moral damages , losses, at financial help para sa therapy ko doon sa nakabunggo sa amin kahit na sinagot na nya yung hospital bills namin????

pls...lang need lang po ng information...

well, it's a good start that she paid for all your medical bills. for those who need therapy, did anyone suffer permanent impairment.

how did she pay? did she have medical insurance? or she paid from her own pocket?

the purpose of damages is to return you to your state prior to the accident as far as practicable. it seems that this matter has been cleared except for post op therapy.

the purpose of moral damages is to alleviate any shock, trauma that you experienced. it's the equal of how much to spend on leisure so you can forget about what happened.

what is the amount you are expecting?

thank you for replying...sir.im peter the driver
she paid our medical bill tru her own pocket but she gathered all our official receipt and asking for all our medical certificates so that she can reimbursed it to her insurance that what she told us...
all the official receipt nasa kanya na...but i didnt want to give her our medical certificates kasi before i asked her to help us again after operation and im asking for considerable amounts of our losses, like me im a business man im the one who is tending the shop , until now since the accident happened my shop is closed, she told me that she will not give us because she already paid our medical bills and her insurance sisingilin siya para sa van namin....dahil nag claim ako sa insurance namin....
im asking her to pay us for another 500t to 600t pesos more because of my losses sa shop, inability to work, ill go through physical therapy the doctor said i cant do usual things before because of the accident, for my family who are experiencing fear and trauma.para sa 2 bata who suffered pain and trauma dahil sa scars and deformation sa mukha nila...
she didnt want to give so we want to put it in legal case ...kung sakali may habol kaya kami at coniderable ba yung amount na 500 to 600tto ask from her?
marami pong salamat ulit waiting fot your reply...

one more question pls.......up to how many days since the accident happened can i file a case against her? and what case it ? kasi ayaw nya po maki pag settle sa amin...i lready ask her, but she insisted that her insurance advised her na medical bills lang and yung claim sa van ok na...
i think its unfair... pls... help us...info lang po...kaya ayoko siya bigyan ng medical certificates namin baka kasi pag nakuha na nya lahat iwan na nya kami at hindi na nya kami intindihin...
maraming salamat po sa info kung sino man po makapagbibigay ...
god bless po (peter).

first, i am not a believer in big payoffs for settlements. i mention this to show you that i am biased. let me answer you as if i were the girl's lawyer.

whatever damages you demand, i will demand evidence that you are entitled to it. if this happened a month ago and you are demanding lost profits, then I would require you to show your ITR, audited financial statements, etc. to to see your supposed profits. any other claim without basis would be mere speculation.

if you were to file a case, i would show that she attended to all your medical needs and never abandoned you. this would show that moral or exemplary damages are not warranted. you would not be entitled to actual damages because my client attended to all of them. i would pull your ability to claim moral or exemplary damages.

nevertheless, i will offer a nominal amount, probably 10% of your claim, and that is still a substantial amount if only to buy peace. if you refuse, then go file your case, and be forced to pay a lawyer and filing fees. 3 years of trial later, you will be tired and accept my offer of P50,000.

= = =
to prepare for your claim, put all your evidence together and be prepared to defend it. i'd get her to pay the hospital bills then send her a demand letter for a reasonable amount of damages which excludes moral or exemplary damages and atty's fees.

if she fails to pay, i recommend you file a criminal case of reckless imprudence resulting to serious physical injuries and damage to property.

have you signed any affidavit of desistance? hasn't the insurance company required you to do so?

thanks sa info....
i havent signed any affidavit of desistance, saan po manggagaling yun sa insurance nila?
sa insurance po namin kasi ako nag claim...para doon sa van...dahil advised ng insurance namin malulugi daw po kami kung sa insurance ng kabila kami kukuha ...
ganun po pala ang proseso thanks talaga sa info....

who's paying the hospital bills? read carefully before you sign anything from her side.

if you've claimed with your insurance for the van, then you no longer can go after her for the damage to property, just the pysical injuries.

thanks for the info....

she's the one who is paying the hospital bills.....
thanks again moderator....for giving time to give us information....on what are the possibilities..
i can now weigh the actions im goin to do...
God Bless....

i need legal help po sana. last year august 24, binangga ng isang lasing na driver ng jeep ang aming private used tricycle. napingsala po ng lubos ang aking tatay at ang aking kapatid, kasama ang kanyang 2 pang katrabaho na sakay din ng gabing yon. iniwan po ng driver ng jeep ang sasakyan nya sa lugar ng aksidente at tinakbuhan po ang mga nasaktan. umusad po ang kaso, pero dahil sa hindi po agad naibigay ang hinihingi ng piskal na medico-legal nagkahiwa-hiwalay ang proceedings ng 4 na kaso. ung nauna po ay ung driving under the influence of alcohol at slight physical injury dun sa isang katrabaho ng kapatid ko. ung amin po ang 2nd na naisampa. multiple serious physical injury at damage to property. nahuli pa po ung isa for another serious physical injury. ung kaso po namin ay nag-proceed to mediation. wala po kaming abogado kundi ung piskal, sya po sa PAO. ang sinasabi po ng mediator. might as well kuhanin na namin kung anu man ang maii-ofer samin nung driver dahil kahit manalo naman daw po kami sa kaso, at utusan sya magbayad wla naman daw po kaming magagawa kung ayaw magbayad nung tao pati narin kung wla naman syang ari-arian na makukuha kami, sabi po hanggang 6-12 months lang naman ang pwede nyang pagkakulong. sabi nman po nung driver kahit ung jeep nya ay alinlangan pa nyang ibayad samin kasi para din daw po sa iba pang nasaktan at para may mapag-simulan ung pamilya nya. ang amin pong ngastos ay humigit kumulang 1milyong piso. ang amin pong utang ay hindi bababa sa 700thousand pesos. talaga po kayang halos wla ng pag-asa ang aming kaso at maging kung makulong man sya at utusang magbayad ay wla naman po kaming magagawa kung ayaw nyang magbayad??..at hanggang 6-12months lang talga sya makukulong kung sakali? sya pa kasi ang may lakas ng loob at parang kumpyansa na wlang mangyayari sa pinaglalaban namin..
tulungan nyo po sana kami..salamat po.

that's also the situation i'm facing in my case now. to make things worse, he probably won't do any imprisonment at all because he can apply for probation.

ask if there is judicial dispute resolution at your court. hopefully, the driver will be more remorseful in front of the judge.

for additional leverage, say that you will file a complaint letter at LTO for cancellation of his license.

ganun po ba un?? pwedeng hindi sya makulong?? at lesser evil na ang tanggapin ang kahit magkano na gusto nya ibigay??

what he offers will be based on his conscience and his willingness to avoid the hassle of a case. i'm afraid there is no leverage for the complainant.

thanks attyLLL, appreciate it a lot. might as well let it go..salamat po ulit