motor accident

good day,
last saturday po nangyari un accident, nakamotor po kmi nsa gitna po kmi ng 2nd line ng kalsada sa Kalaw, ung taxi po nsa 3rd line ng kalsada at nabangga po nya kmi galing po cia s likod, nadaganan po ako ng motor and i've had multiple abrasions sa left side ng body ko, muntik n po ako maoperahan dahil sa sobrang pamamaga ng left leg ko and until now nahihirapan p po ako maglakad. nagkausap po ung bf ko at ung operator and driver ng taxi sa presinto sa manila pero prang ung operator p po ang nagmamalaki sinabi pa po sa bf ko n kapag nagdemanda daw kmi kmi daw po ang talo at ibigay n lng daw nmin s knya ang original copy ng hospital bill at magcclaim daw po cia s insurance ng taxi nila hintayin na lang daw po namin un. Hindi po ako familiar sa mga dapat nming gwin kc legal matters n po to, gusto ho sna nming ituloy ang demanda.

Please help.

Thanks.

You and your boyfriend should file a criminal case for reckless imprudence resulting to physical injuries and damage to property (I suppose that the motorcycle was damaged due to the accident)


You can either:


(1) Hire the services of a lawyer for the preparation of your Affidavit-Complaint. Note that you do not have to engage the services of the lawyer to represent you in this case unless it is ok for you to spend for his fees. All you need from the lawyer is the preparation of the Affidavit-Complaint then you can do the filing by yourself.

How to file: [a] Photocopy the Affidavit-Complaint (10 copies more or less) together with its Annexes (documentary evidence); [b] Go to the Office of the City Prosecutor of Manila (Manila City Hall building); [c] Present your Affidavit-Complaint and you will be given a form that you will fill up; and [d] You will affirm the Affidavit-Complaint before a Public Prosecutor.

If you do not want to spend at all, try going to the Public Attorney’s Office who might give you assistance in the preparation of the Affidavit-Complaint.

Note that the usual documentary evidence needed in this case are the following: [a] Police Report and/or Investigation Report; [b] Sketch of the Accident; [c] Medico-Legal Certificate; [d] Pictures showing your injury and the damages to the motorcycle; [e] Repair estimate of the motorcycle; [f] OR/CR of the motorcycle; [g] driver’s license of your boyfriend; [h] Official Receipts of the costs you incurred because of the accident; etc. etc.


(2) Go to the Police Official who investigated the case and ask him that you want to file a criminal case for reckless imprudence resulting to physical injuries and damage to property. Be sure to furnish the Police Official the relevant documents that are not yet in his possession such as: [a] Medico-Legal Certificate; [b] Pictures showing your injury and the damages to the motorcycle; [c] Repair estimate of the motorcycle; [d] OR/CR of the motorcycle; [e] driver’s license of your boyfriend; [f] Official Receipts of the costs you incurred because of the accident; etc. etc.

If you choose (2), the Police Investigator will be the one to forward the case to the Prosecutor’s Office for filing. You will just have to wait for the notice/subpoena.



The filing of criminal complaint is subject to prescription. A criminal case for reckless imprudence resulting to p.i. and damage to property is a light offense that will prescribe after two (2) months from the time the accident occurred. If you are really determined to pursue the case, then file it before the 2-month prescriptive period.

Good evening po,
May 8, 2011. The night after po ng laban ni Pacquiao.
The time was 2030 to 2100 hrs. Sa tapat po ng Metrogate sa Dasma,
Cavite. The weather was a bit rainy but the sky is totally pitch black because of bagyong "Chedeng". I was going home (to Gen. Trias) coming from work at Carmona, Cavite. My eyes were wide open due to the dark road-environment. Travelling and maintaining a speed of 60kph more or less because it was raining and the road is wet. Last memory I had was I was overtaking a jeepney at my left. We were side to side.
The next scene was I was picking myself up feeling my body's aches and pains. Di ko alam that I was involved in a motorcycle-pedestrian accident. Napapaligiran na ako ng brgy. tanod nung ako'y tumayo. At dinala na ako sa brgy.

Pointers ko po na di ako ang nakabangga:

1. Wala po akong nakitang pedestrian ng ako ay nagmamaneho.
2. Basag po ang panga ng nabangga at fracture sa balakang ang tinamo samantalang ako ay mga 3 small circular wounds sa left elbow at isang bilog na pasa right inner thigh lamang.
3. I don't think that my bike and that speed could cause such massive damage to the person. Law of physics po kumbaga.

Kaya po ba idetermine ng medico-legal ang type of vehicle na nakabangga sa tao based on sustained physical injury?

medico legal will only determine extent of injury. was there any other vehicle involved in the accident? what was your speed?

was the case filed in court? you filed bail?

was there any other vehicle involved in the accident?
--I was overtaking a jeepney at the time.

what was your speed?

-- above 60kph

was the case filed in court?

--not yet. but a testimonial of a said "witness" was filed at the police

you filed bail?
--hindi po

at 60 kph, you can cause devastating damage to a human body.

- Ung itsura po ng pagkakabangga ng motor ang magpapatunay na hindi katawan ng tao ang nabangga nito.
Would that help?
Because I think that's my number one defense.

-2. I will try to get statements from the security guards on duty that night at the nearest establishments at both sides of the road.

-3. The comparison of bodily injuries sustained due to the accident.


May accountability po ba ang mga imbestigador sa maling police report?
Di po ba dapat nadetermine na na hindi ako ang salarin?

gh1, you're choices are to settle or face a case. the fortunate thing for you is that this offense can be subject of probation so if your defense is not believed by the court, then you don't have to serve imprisonment.