QuestionsQuestions (CIRCULAR LETTER NO. 2018-10)
It is issued pursuant to the powers vested in the Insurance Commissioner under Section 437(d) and (p) of The Insurance Code, as amended by R.A. 10607. Its purpose is to lessen the insured’s burden of securing Police Reports that are not easily accessible by providing an alternative, the Traffic Accident Investigation Report (TAIR), for processing motor insurance claims where allowed.
All non-life insurance companies offering motor insurance.
A document prepared by an Authorized Person (as provided in Section 4) who, in the regular course of duty, investigates a motor vehicle accident resulting in bodily injury to any party or loss of or damage to the property of any person, as one of the requirements to substantiate an insurance claim.
At minimum: (a) time/day/month/year of accident; (b) information adequate to identify the location; (c) identifying information for all involved parties and witnesses (name, age, sex, complete address, telephone, vehicle ownership and registration, proof of insurance, and insurer name); (d) narrative description plus a simple diagram of the scene, traffic violation if any, photographs, available CCTV footages, and the investigating officer’s name/agency/ID number; (d) attestation of parties involved and the person preparing the report; and (e) other relevant matters.
A narrative description of the facts, a simple diagram of the scene, traffic violation (if any), photographs, available CCTV footage, and the investigating officer’s name, agency, and identification number.
Traffic officers/personnel/constables of Metro Manila Development Authority (MMDA) or Traffic Bureaus/equivalent of local government units duly certified by the LTO that they completed and passed the necessary course for Traffic Accident Investigation Reporting.
For motor vehicles incidents in Metro Manila, Metro Cebu, and Metro Davao causing bodily injury to any party or loss/damage to the motor vehicle or property arising from operation of the motor vehicle in public highways/roads/streets, where the authorized traffic officers perform their regular duty as such.
No. It is not applicable to claims arising from fire, external explosion, self-ignition, lightning, burglary, housebreaking, theft, malicious act, or those “whilst in transit,” and it is also excluded for death or injury to any passenger or third-party under Section 391 of the Insurance Code (as amended) where the claim is paid without proving fault/negligence, which requires police report in those situations.
Because claims under Section 391 (No-fault cause for death/injury to passengers or third parties) are paid without the necessity of proving fault or negligence, and the Circular indicates police report requirements differ in those cases; thus TAIR is not to be used as an alternative for those excluded claims.
The TAIR alternative is applicable only for accidents occurring in Metro Manila, Metro Cebu, and Metro Davao.
Motor vehicle incidents occurring on public highways, roads, and streets, within the specified covered areas (Metro Manila, Metro Cebu, Metro Davao), and arising from the operation of a motor vehicle.
The Circular states that companies are not precluded—based on sound business judgment—from relaxing requirements, but not in a manner that would require stricter or more cumbersome requirements in processing motor insurance claims.
Only in specified situations: TAIR may be used as an alternative to Police Report for covered motor accidents in the specified areas, for bodily injury and/or loss/damage to property arising from operation of the motor vehicle. It does not apply to the enumerated excluded causes.
It takes effect immediately, for strict compliance.
For claims under excluded situations like those under Section 391 (no-fault), payment does not require proving fault or negligence, and the Circular indicates TAIR/police report handling differs. For covered accidents where fault/incident proof is typically relevant, TAIR is intended to substantiate the claim as an alternative to Police Reports.
The summary suggests TAIR can be used as an alternative for various TPL categories in the covered areas, including bodily injury (including death) and property damage categories—while still distinguishing from no-fault cause categories under Section 391 and from exclusions.