Legal Question in Civil Rights Law in Philippines

Vehicle Accident

My father hit a young girl while driving several months ago. The girl has been medicated and attended to in terms of her needs financially and medically. This girl lives with her guardian. Now the girl can walk again and has completely recovered from her injury. But the girl's guardian refuses to sign the affidavit of desistance from the insurance company. The guardian claims that they need assurance that 10 years from now, the girl's leg won't break caused by the the fracture. If that happens, her guardian wants to assure that we'd cover the expenses. Is this still part of my dad's responsibility over the accident? By the way, the girl's parents just wanted to sign the affidavit form but her guardian won't let them. The guardian also called for an attorney regarding this. Help. Thanks.


Asked on 5/30/07, 5:29 pm

1 Answer from Attorneys
Reynaldo Destura Destura & Associates Law Offices

Re: Vehicle Accident

For as long as an injury is caused by the accident, technically its your father's responsibility. The strategy there is to come up with a compromise agreement by giving them a sum of money to sign the desistance. If the parents of the injured would be more than willing to sign, then let them sign. THe case would then be solved. The guardian cannot overrule the decision of the parents, unless the guardian was granted parental authority to the exclusion of the parents by a court order.

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Answered on 5/30/07, 9:13 pm


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