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Car vs. motorcycle accident

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1Car vs. motorcycle accident Empty Car vs. motorcycle accident Tue May 23, 2017 10:03 am

anndreia


Arresto Menor

NEED HELP...

We had an accident last May 19 wherein we were hit by a motorcycle, the driver were brought to the hospital but died on May 21. We have the evidences which will prove that it is the motorcycle's fault, apparently the driver is drunk. To avoid inquest of my husband, we had amicable settlement and gave them 10k, we also promised to "help" them with hospital bills and burial once the driver died. Since we know that we are not at fault here, we wouldn't want to shoulder all the expenses and we are sure that eventhough they file a case they wouldn't win. We just wanted to avoid inquest of my husband since its weekends (no fiscal or government offices) and my husband cannot afford to take leave from the office. Since the person already died, does the investigators still has the right to arrest my husband without warrant? Until when can the other party file a case against us? Is there a specific period where they can only file a case, like 2 months after the incident happened?
What can you advise that we can do to ensure that after we helped them with their expenses, they will no longer ask money from us and will not file a case against us?

Thanks!

2Car vs. motorcycle accident Empty Re: Car vs. motorcycle accident Tue May 23, 2017 1:19 pm

Jadis

Jadis
Reclusion Perpetua

1. The heirs of the deceased have to file the necessary case and obtain the necessary favorable resolution for the filing of an information against your husband, and the court has to order the issuance of a warrant before he could be arrested.

2. When death occurs as a result of imprudence and negligence, the penalty imposable is prision correcional in its medium and maximum periods. Prision correcional is a correctional penalty, and under the law crimes punished by a correctional penalty prescribe in ten years (meaning from the time that the crime was discovered i.e. when it happened, the heirs have ten years to cause the filing of the necessary criminal case).

3. GET THE HEIRS TO SIGN A SETTLEMENT AGREEMENT.

CONSULT A LAWYER IN YOUR AREA.

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