Car accident Philippines

Question: Can I file a case against someone who got me into a car accident and that person also refuses to pay for my medical expenses?

Answer:

Yes, you can file a case against someone who caused a car accident resulting in your injuries and who refuses to pay for your medical expenses. The legal avenues available to you are based on both civil and criminal laws in the Philippines.

What Types of Cases Can I File?

  1. Civil Case for Damages: You can file a civil case seeking monetary compensation for medical expenses, loss of income, and other related costs.

  2. Criminal Case: If the person acted with recklessness, negligence, or intent, you can file a criminal case for "Reckless Imprudence Resulting in Physical Injuries" under the Revised Penal Code.

What Evidence Do I Need?

  1. Police Report: A comprehensive report from the authorities is crucial for substantiating your claims.
  2. Medical Records: Documentation of your injuries and treatment.
  3. Witness Testimonies: Statements from individuals who witnessed the accident.
  4. Other Evidence: Photographs of the scene, damaged property, etc.
  1. Legal Counsel: It's advised to consult with a lawyer who specializes in personal injury or traffic accidents.
  2. Filing of Complaint: Submit the necessary documents to initiate the legal proceedings.

What if the Person Still Refuses to Pay?

If the court finds in your favor and the person still refuses to pay, you can initiate collection procedures, such as garnishing their wages or attaching their property.

Are There Any Time Limits?

Yes, statutes of limitations apply. For civil cases, it's generally four years from the date of the accident. For criminal cases, the period may vary depending on the gravity of the offense, but it's usually within a range of six months to twelve years.

Conclusion:

If you're involved in a car accident caused by another person who refuses to cover your medical expenses, you have both civil and criminal legal options. Gathering substantial evidence and acting promptly is essential for a favorable outcome. Always consult with a qualified lawyer for personalized legal advice.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.