Title
Use of Traffic Accident Report for Motor Claims
Law
Circular Letter No. 2018-10
Decision Date
Feb 6, 2018
Insurance Circular Letter No. 2018-10 allows non-life insurance companies in the Philippines to use Traffic Accident Investigation Reports as an alternative to Police Reports for processing motor insurance claims in Metro Manila, Metro Cebu, and Metro Davao, provided certain criteria are met.
A

Definition of Traffic Accident Investigation Report

  • A document prepared by an Authorized Person investigating motor vehicle accidents.
  • Investigations pertain to cases involving bodily injury or property loss/damage.
  • Serves as an alternative to Police Reports to substantiate insurance claims.

Required Contents of the Traffic Accident Investigation Report

  • Precise time and date of the accident.
  • Detailed location information.
  • Identifying details of all involved parties and witnesses, including personal data and insurance information.
  • Narrative of accident facts, a scene diagram, identification of any traffic violations.
  • Photographic evidence and CCTV footages if available.
  • Identification details of the investigating officer (name, agency, ID number).
  • Attestations by involved parties and the report preparer.
  • Other relevant information necessary for evaluation.

Authorized Persons to Prepare Reports

  • Traffic officers, personnel, or constables from MMDA, local government traffic bureaus, or equivalent agencies.
  • These individuals must be certified by the Land Transportation Office (LTO).
  • Certification requires passing prescribed courses on Traffic Accident Investigation Reporting.

Applicability and Limitations

  • Applicable as an alternative to Police Reports specifically in Metro Manila, Metro Cebu, and Metro Davao.
  • Limited to accidents involving bodily injury or property damage from motor vehicle operation in public roads.
  • Not applicable for claims due to fire, explosion, theft, malicious acts, or situations requiring no-fault claims (as per Section 391 of Insurance Code).
  • Claims under no-fault provisions are paid without proving fault and still require Police Reports.
  • Non-life insurance companies may relax claim requirements but cannot impose stricter or more cumbersome conditions.

Effectivity

  • The Circular took effect immediately upon filing (February 6, 2018).
  • Enforcement for strict compliance is mandated.

Summary of Use in Claims Processing

  • Recognizes Traffic Accident Investigation Report (TAIR) as a legitimate alternative to Police Report in the processing of motor insurance claims within specified metropolitan areas.
  • Clarifies claim categories eligible for TAIR use, including Third Party Liability (TPL), Loss and Damage, Carnapping, and Extended Third Party coverages.
  • Reinforces the discretion of insurance companies to adjust claim substantiation requirements in line with sound business judgment but prohibits making requirements stricter or more burdensome.

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