Coverage: who and what it applies to
- Section 1 covers all Non-Life Insurance Companies offering motor insurance.
- Section 5 limits the use of a Traffic Accident Investigation Report as an alternative to a Police Report only for qualifying motor claims.
- The covered motor vehicle accidents must arise from the operation of a motor vehicle in public highways, roads and streets in:
- Metro Manila,
- Metro Cebu, and
- Metro Davao.
- The alternative report applies only where traffic enforcement officers, personnel, or constables specified in Section 4 are exercising their regular duty as such.
Definition of Traffic Accident Investigation Report
- A Traffic Accident Investigation Report is a document prepared by an Authorized Person under Section 4.
- The report must be prepared as part of the Authorized Person’s regular course of duty.
- The report must investigate a motor vehicle accident resulting in:
- bodily injury to any party, or
- loss of or damage to the property of any person.
- The report is prepared as one of the requirements to substantiate an insurance claim.
Minimum contents of the report
- Section 3 requires that the Traffic Accident Investigation Report contain the following minimum information:
- the time, day, month, and year of the accident;
- information adequate to identify the location of the accident;
- identifying information for all involved parties and witnesses, including:
- name, age, sex,
- complete address,
- telephone number,
- vehicle ownership and registration,
- proof of insurance, and
- name of insurer;
- a narrative description of the facts of the accident;
- a simple diagram of the scene of the accident;
- traffic violation, if any;
- photographs;
- available closed circuit television (cctv) footages; and
- the investigating officer’s name, agency, and identification number;
- an attestation of the parties involved in the accident; and
- an attestation by the person preparing the traffic accident investigation report;
- such other matters relevant to the preparation of the report.
Who may prepare the report
- Section 4 limits report preparation to Traffic Officers, Personnel, or Constables of:
- the Metro Manila Development Authority, or
- Traffic Bureau(s) or its equivalent of local government units.
- The authorized traffic officers, personnel, or constables must be duly certified by the Land Transportation Office (LTO).
- The LTO certification must confirm that the authorized person:
- has undergone, completed, and passed the necessary course for Traffic Accident Investigation Reporting.
When the report may replace a Police Report
- Section 5 provides that the Traffic Accident Investigation Report shall be used only as an alternative to Police Report in processing insurance claims for motor vehicles resulting in:
- bodily injury to any party, or
- loss of or damages to the motor vehicle or property.
- The claims must arise from the operation of a motor vehicle on public highways, roads and streets in Metro Manila, Metro Cebu and Metro Davao.
- The alternative is applicable only when traffic officers, personnel, or constables under Section 4 exercise their regular duty.
- Section 5 excludes claims arising from:
- fire,
- external explosion,
- self-ignition,
- lightning,
- burglary,
- housebreaking,
- theft,
- malicious act,
- claims “whilst in transit,” and
- claims “for death or injury to any passenger or third-party” under Section 391 of The Insurance Code, as amended by Republic Act No. 10607.
- For excluded claims falling under the Section 391 “no fault” framework, the claim is paid without the necessity of proving fault or negligence of any kind and a Police Report is not required to substantiate the claim.
- Non-life insurance companies remain permitted to adjust their claim-substantiation requirements:
- They are not precluded, based on sound business judgment, from relaxing requirements to substantiate insurance claims.
- They must not do so in a way that results in stricter or more cumbersome requirements in processing motor insurance claims.
Effectivity and compliance timing
- Section 6 provides that Circular Letter No. 2018-10 takes effect immediately.
- The circular mandates “strict compliance” upon effectivity.
- The Insurance Commissioner issuing the circular is DENNIS B. FUNA (signature shown on February 06, 2018).
- The circular includes an attachment labeled ANNEX AAA, addressing the application of Traffic Accident Investigation Report use vis-à-vis Police Report.
Cross-referenced claims framework
- The attachment explains application under:
- Third Party Liability (TPL) including bodily injury including death.
- The attachment also identifies No Fault Cause under Section 391 of the Insurance Code, as amended.
- The attachment categorizes motor claims involving:
- Loss & Damage,
- Carnapping, and
- Damage to property.
- The attachment further includes categories for:
- Extended Third Party Bodily Injury, and
- Extended Third Party Property Damage.