____________________
Re: Demand Letter for reimbursement of medical expenses incurred
_____________________,
On January 8, 2013, at __________________________ around 7 o’clock in the morning, your Estrada Pajero with plate number __________ crashed to a V-hire and caused damages both to property and lives. One of the unfortunate victims is 4 year old __________________, who sustained injuries resulting to a broken left leg. He was hospitalized from ____________________ and has incurred medical expenses totaling to SEVENTY EIGHT THOUSAND ONE HUNDRED EIGHT PESOS AND TWENTY CENTAVOS ( PHP 78, 180.20). Hereto attached is the summary of expenses incurred for your perusal.
Article 1173 of the Civil Code of the Philippines defines negligence as “the omission of that degree of diligence which is required by the nature of the obligation and corresponding to the circumstances of persons, time and place.” In fact, the damage you had caused to the child entitles Takuya Togo for reimbursement under Article 20 of the Civil Code which states, to wit, “Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.” This is further supported by Article 2176 which states, to wit: “Whoever by act or omission causes damage to another, there being fault or negligence , is obliged to pay for the damage done.” Also, the Revised Penal Code of the Philippines has Article 100 which states, to wit, “Every person criminally liable is also civilly liable.” Since you also have incurred criminal liability under Article 365 of the Revised Penal Code when you have negligently damaged property and lives of others, you therefore have also incurred the obligation to pay restitution.
We are therefore demanding for you to pay reimbursement for the medical expenses totaling to P 78, 108.20. Failure on your part to settle this obligation would give us no recourse but to exercise whatever rights and