Anyone know the process? Can I do it myself or do I need a lawyer. This is involving the guy who knocked over my bike. Can he be forced to pay my lawyer fees if he loses? If i do need a lawyer can anyone recommend a decent one for something like this?
As foreigner i would rather go to the Mayor where the incident happened. Tell him that you need his help! Tell him you are a tourist/visitor of dumaguete and you don't have money to pay for lawyers to get justice. Ask him if he can do an amicable settlement with the guy and you want him to pay the dues of the damages. Of course be nice, wear formal long pants and close shoes when you come to his office. The due process of law in Phils is like playing a roulette, expensive and disaster, avalanche of stress, waste of time, & etc. I filed 2 cases but i gave up! But the karma pays off! Somebody puts him in the jail, and wifey ruined his life.
If still need a lawyer, i can recommend a good one, with connections and a bit pricey but perhaps you can negotiate. Good luck!
this is sounds like the same guy that followed a friend and tried to push his new motor bike on the ground, he is possibly an American tall a bit skinny and wears classes maybe him?
I think you need to go through the complaint procedure with a barangay captain before attempting to go to court.
I totally agree to knowdafish, it's better you start filing a complaint to the barangay and see if you can sort it out from there. If it only has to do with a bike that's been knocked off and a couple damages and not totally write off I don't think the court will take it seriously but you might end up getting a lawyer yet he/she will assure you that you will win but all it is about how much money they can get from you. It'll be a long process and yet very costly,you'll find yourself spending alot yet you won't even be as close as getting it back even if you win the case and NO it isn't like America that you can get the loosing party to pay for damages. If the other party can't pay your bike's damages now, how much more for the court's fees? It seems to me that the person that knocked off your bike got nothing to loose, I suggest... I don't mean to sound harsh but charge it to experience. Forget the court really, try going to the barangay and see if you can work it out from there.
I wonder if the owner of Why Not has some kind of insurance to cover your accident. I doubt you will get any recovery for your losses and your attorney fees. Bummer situation...
I agree with everything NS said except one. "NO it isn't like America". It is almost exactly what happens in America in that even if you are right and they are 100% wrong you can seldom get anything our of them unless they have a lot. Settle it out of court, it will only cost you in time, money, and emotional angst. As has been said, just write it off and let it go, not for them but for yourself.
....unless you know how to aggressively go after their $$. That is the part that people forget to do and wonder why they don't collect any money, but that doesn't apply here, even though it should. What is the point of winning a court case if the laws and courts don't offer a means to collect the money awarded in a verdict?