The Short Answer
Stop, stay and help. Check if anyone is hurt and call 911 for an ambulance and the police. Do not drive away: a driver who leaves without helping the injured faces a heavier penalty. Take photos, swap names and license details, and get a police report. Medical costs for people hurt can be claimed from the vehicle's compulsory insurance (CTPL) without proving who was at fault, up to a set limit. Any areglo (settlement) should be written down and signed, with receipts for every payment.
Example: A Car and a Tricycle in Barangay Dolores, San Fernando, Pampanga
Names and details in this example are made up.
Arnel Garcia is driving his sedan along MacArthur Highway in Barangay Dolores, City of San Fernando, Pampanga, on a rainy evening in June 2026. He brakes too late and hits the back of a tricycle driven by Rodel Dizon. Rodel's passenger, Aling Fe Manalo, falls against the side bar and cuts her arm. No one else is hurt.
The first 30 minutes. Arnel stops and turns on his hazard lights. He checks on Aling Fe and Rodel and calls 911. While waiting, he takes photos of both vehicles, the plates, the road and the skid marks before anything is moved. Since no one is badly hurt and the vehicles are blocking a lane, both drivers agree, after the photos, to push them to the side. They swap names, addresses, license numbers, plate numbers and the names of their insurers.
At the hospital and the station. Aling Fe is treated at a hospital in San Fernando. Her bill comes to ₱8,500. The traffic investigator at the police station takes the drivers' statements and records the accident. Each gets a copy of the police report (some stations call it a traffic accident report or blotter extract).
Aling Fe's medical bill. Aling Fe was a passenger, so her claim for no-fault indemnity (payment without proving fault) goes to the insurer of the tricycle she was riding, under its compulsory third-party liability (CTPL) insurance. She files with the police report, her Medical Certificate and the hospital receipts. She does not have to prove who was at fault.
The areglo. The tricycle's rear and side car need ₱12,000 in repairs, and Rodel lost three days of boundary (his daily earnings as a driver). At the police station, Arnel admits he braked late and offers to pay ₱12,000 for the repair and ₱3,000 for Rodel's lost income. They write it down: who pays, how much, when, and that Rodel will not file a case for the damage once paid. Both sign, and Rodel signs an Acknowledgment Receipt when he receives the ₱15,000. Arnel's own comprehensive insurance, if he has it, may cover his bumper.
At the Scene
- Stop and stay. Turn on your hazard lights and set out an early warning device if you have one. Section 55 of the Land Transportation and Traffic Code (Republic Act No. 4136, or RA 4136) says a driver in an accident may not leave without helping the victim, unless they are in real danger of being hurt by people at the scene, are going to report the accident to the nearest officer, or are going to get a doctor or nurse for the victim.
- Help the injured. Call 911 for an ambulance and the police. Do not move a badly hurt person unless they are in danger where they are, for example from fire or traffic.
- Take photos and videos before the vehicles are moved: both vehicles, the plates, the damage, the road, traffic signs, skid marks and the position of each vehicle. Dashcam footage helps; save a copy.
- Move only if it is safe. If no one is hurt and the vehicles block traffic, you may agree to move them to the side after taking photos. If someone is hurt or died, or the other driver does not agree, wait for the police.
- Swap details: names, addresses, phone numbers, Driver's License numbers, plate numbers, the registered owner and the insurer. Get the names and numbers of witnesses.
- Stay calm. Do not argue, do not hand over your license or OR/CR (the vehicle's registration papers) to anyone who is not a traffic officer, and do not sign anything you have not read.
The Police Report
Report the accident to the police station or traffic office covering the place where it happened. The traffic investigator records the accident and the drivers' statements, and a copy of the report or blotter can be requested. You will need it for:
- an insurance claim, including the CTPL no-fault claim;
- a settlement, a complaint or a court case;
- the LTO, if there is a question about your license or the vehicle's registration.
Read your statement before you sign it. If something is wrong, ask for it to be corrected.
Who May Be Liable
A driver whose carelessness causes death, injury or damage can be charged with reckless imprudence (careless driving that causes harm) under Article 365 of the Revised Penal Code, for example "reckless imprudence resulting in physical injuries" or "in damage to property". The penalty depends on what resulted, and Article 365 makes it one degree higher for a driver who fails to give the injured the help they could have given on the spot.
Money for the harm (damages) can be claimed from the driver. Under the Civil Code, the driver's employer, and in some cases the owner riding in the vehicle, can also be liable. The person in the LTO records as the registered owner can be held responsible to people hurt by the vehicle, even after selling it, which is why a sale should be recorded quickly; see transferring a car or motorcycle at the LTO.
Insurance: The CTPL No-Fault Claim
Every registered vehicle must carry compulsory third-party liability (CTPL) insurance under the Insurance Code (Presidential Decree No. 612, as amended by Republic Act No. 10607). CTPL covers death and bodily injury to passengers and other people. It does not pay for damage to vehicles; that is what a comprehensive (own damage) policy is for.
- No-fault indemnity. A person hurt, or the family of a person who died, can claim from CTPL without proving who was at fault, up to the no-fault limit set by law and Insurance Commission rules. Ask the insurer for the current limit.
- Which insurer. A passenger claims from the insurer of the vehicle they were riding. Anyone else, such as a pedestrian or a rider of another vehicle, claims from the insurer of the vehicle that hit them.
- Papers usually asked: the police report, a Medical Certificate and hospital receipts, or a Death Certificate, and proof of the claimant's identity and relationship.
- Do not wait. The Insurance Code requires written notice of the claim to the insurer within a set time after the accident. File as soon as you can.
If an insurer refuses or delays without reason, you can complain to the Insurance Commission.
Areglo: Settling It
Most minor accidents are settled at the police station or the barangay. If both drivers live in the same city or municipality, a claim between them for damage may also need to go to the barangay first before any case is filed; see do I need to go to the barangay first.
- Put the settlement in writing: the names, the accident, how much is paid, for what, by when, and what each side gives up. Both sign; keep a copy each.
- Get a signed receipt for every payment; you can use an Acknowledgment Receipt.
- Do not pay or sign under pressure at the scene. Wait until you have the hospital bill or repair estimate.
- A settlement covers the money. Where someone was seriously hurt or died, the criminal case is for the prosecutor to decide, though the victim's sworn statement that they no longer wish to pursue the case is often taken into account.
Common Questions
Pwede bang Umalis na lang Kung Maliit lang ang Gasgas?
If someone is hurt, no: you must stay and help, or go only to report to the police or get medical help. If it is only minor damage and no one is hurt, swap details and take photos first. Leaving without doing that can lead to a hit-and-run complaint and makes any settlement harder.
Who Pays for the Hospital Bills of My Passenger?
A passenger can claim the CTPL no-fault indemnity from the insurer of the vehicle they were riding, without proving who was at fault, up to the set limit. Anything above that can be claimed from the driver who was at fault.
Does CTPL Pay for the Repair of My Car?
No. CTPL covers death and bodily injury to other people. Repairs are paid by the driver at fault, or by a comprehensive (own damage) policy if you have one.
The Traffic Enforcer Took My License. How Do I Get It Back?
The enforcer should give you a ticket that serves as a temporary permit to drive for a limited time. Settle the violation at the office named on the ticket. See getting and renewing a Driver's License for LTO offices.
Kailangan bang Dumaan sa Barangay Para sa Areglo?
Not always. Many minor accidents are settled at the police station. A claim between individuals who live in the same city or municipality may need barangay conciliation before going to court, but cases with serious injuries or death are outside the barangay's authority.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. This page explains the general rules; it cannot tell you how they apply to your own family or case. Last reviewed October 8, 2026.