Reckless Imprudence Resulting to Physical Injuries and Damage to Property

Hello everyone, may I humbly ask an advice regarding this. I was riding a motorcycle off to town with my father as backrider. Now we're in the middle of an intersection crossing slowly at left direction when suddenly a motorcycle hit us from the back. According to witnesses the said motorcycle drove at a relative speed above 40kph. Me and my father sustained injuries and our motorcycle was badly damaged. My father suffered lower back injuries, abrasions and bruises and was admitted at a hospital for 6 days. I suffered abrasions and bruises too and was unable to work for few days.

We have attended atleast 5 amicable settlements at the police station. The offending party refused to appear on the last two scheduled amicable settlements because they wont be able to pay us because they have no money or property. The offending driver is a student, 25 yrs old, no drivers license. He doesn't own the motorcycle and the owner wants it back asap. The motorcycle is newly loaned and the plate is for registration.

I think we should definitely file a case against the driver because we felt uncompensated after all the injuries and inconvenience we have suffered.

Should we file a complaint also against the owner of the vehicle? We have talked to them but they seem to play a Pontious Pilate role against this incident, citing that the offending driver insisted to drive instead of someone else that have the their consent.

I would be glad to hear from someone because this is my first accident, my first case to file. I've been driving for how many years now with diligence and care to avoid any danger. I dont know if the law can satisfy us its justice because all these things were really a pain in the ass.

Thank you and God Bless to all.

Pahingi naman po ng advice. Nabunggo po ang sasakyan namin ng isang 10 wheeler truck. Bago lang po ang sasakyan namin roughly 2 months palang and financed for 5 years. Sabi po ng truck company, idadaan daw nila sa insurance lahat ng demands namin basta pumirma lang na pakakawalan na yung truck. Hindi kami pumayag since gusto namin mapalitan na ung sasakyan namin na dineclare as total Loss. Manganganak po ang misis ko at wala kaming magamit sobrang perwisyo ang ginawa nila sa amin. Ang tanong ko po Atty., pwede po ba namin isama sa demands namin or sa danyos perwisyo ung monthly ng sasakyan namin na 16k na binabayaran namin ngayon kahit hindi naman namin nagagamit. At pwede po ba kami humingi ng pambayad ng down payment para sa bagong sasakyan since kailangang kailangan na namin. Maraming salamt po

Naka insured yung new car nyo at nakapanagalan sa bank, why worry about the monthly amortization? Just go to the bank and show the police report.

Jadenggay wrote:Pahingi naman po ng advice. Nabunggo po ang sasakyan namin ng isang 10 wheeler truck. Bago lang po ang sasakyan namin roughly 2 months palang and financed for 5 years. Sabi po ng truck company, idadaan daw nila sa insurance lahat ng demands namin basta pumirma lang na pakakawalan na yung truck. Hindi kami pumayag since gusto namin mapalitan na ung sasakyan namin na dineclare as total Loss. Manganganak po ang misis ko at wala kaming magamit sobrang perwisyo ang ginawa nila sa amin. Ang tanong ko po Atty., pwede po ba namin isama sa demands namin or sa danyos perwisyo ung monthly ng sasakyan namin na 16k na binabayaran namin ngayon kahit hindi naman namin nagagamit. At pwede po ba kami humingi ng pambayad ng down payment para sa bagong sasakyan since kailangang kailangan na namin. Maraming salamt po