Good day Sir/ Maam... pardon my not so formal letter, as I am not accustomed to legal correspondence po...
I would like to ask for your expert opinion...You see, we are the aggrieved party. My son was hit by a montero car of my colleague while he was traversing via an exit school road going up, and my unfortunate kid was playing outside (our apartment is along the exit road) because at that time there was no class and the road is not usually busy on a 5pm "uwian" time. The road is inclined uphill, so as per experience, Primera gear is being used to drive up the steep elevation. WRONG WAY po talaga siya...kasi exit road po yun and he went in going up...used mainly on your way to the exit going down and out..
Moving on, the family only gave us ample amount ( Php 7,000) while our bill even went up to almost 15K (less philhealth and excluding medications bought outside)... we didn't reach into initial agreement, so after getting out of hospital confinement, and with no further contact, I decided to blotter the incident to the police(took us a week, considering we work on the same office years before I was promoted and reassigned)...
Earlier today, we were scheduled to meet at the Barangay Hall to settle dispute...My demands are only these:
1) that he would pay the total Bill ---- did include in the created amicable settlement for signature (but deducted the 7k that they already gave, sige ok na lang )
2) that he would talk to my kid and say sorry --- relieved he did it too!
3) full disclosure or a copy of his dashcam video of the incident ----HE REFUSED TO...said it's his privacy and as per his lawyer's instruction ... we only need it for our Peace of Mind.
We ended up not signing the document...the hearing was rescheduled to April 3.
1) Was our reQuest too much, or not doable/conceivable under those circumstances/terms?
2) Can I insist on my simple demand? not really after the money anymore as we can manage and it's just too meager to cover all other expenses for my son's full recovery. I just wanted to see it once and for all, and would not used it against him (I guess that is his fear, that video may be used as prima facie evidence ? )
3) If we insist and it reached 3rd hearing w/o final agreement, what case to file to proper courts on this regard? Would it incur long months or years of hearing? and what are the odds that we can even win? Will the court demand the full disclosure of the dashcam video? What if their camp will just declare the video deleted as an excuse? who decides then for the Danyos Perwisyos they would have cost us? or can he be in jail for it?
The video would have cleared (made true) their earlier statement that the fracture on my kid's left foot was caused by him falling into a canal, and not by the impact, granting it's true which I doubt. My son sustained bruises and a fracture leg bone... the cast is only temporary now because it still needs those scrapped skin bruises to heal, before doing the permanent cast on the actual fractured bone side. Witnesses would say my kid was thrown away by the impact.and we did heard a loud bang from inside our house... and what could be their reason to withhold the video?
Can you please enlighten us? What's the best recourse that we will do? What possible scenarios will we encounter should we reach to courts, or is there a need to, granting ' magmamatigas pa rin talaga sila sa video'?
Kasi po, the financial aspect now is only secondary for us although they still should provide for it as due obligation..
Thank you po if you will reply. We really need legal advice as we are not rich, unlike that other party, (Division Engr po siya)
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Amicable Settlement (Aggrieved Party of a VA)
1 year 4 months ago #17892