What to Do After a Road Accident in the Philippines

Section 55 of Republic Act No. 4136, the Land Transportation and Traffic Code, sets two duties for the driver.

First, identify yourself. The driver present must show his driver's license, give his true name and address, and give the true name and address of the owner of the vehicle.

Second, help the victim. A driver involved in an accident must not leave the scene without aiding the victim. The law allows only three exceptions:

• the driver is in imminent danger of being seriously harmed by other people because of the accident;
• the driver reports the accident to the nearest officer of the law; or
• the driver has to call a physician or nurse to help the victim.

These are the words of the 1964 law as published on the Supreme Court E-Library. Leaving an injured person without help can make a criminal penalty heavier. See Hit and run: penalty for leaving the scene.

Yes, when the accident killed or injured someone. Section 7 of Republic Act No. 10586 says such a driver "shall be subjected to chemical tests", including a drug screening test and, if needed, a drug confirmatory test. The implementing rules add that the field sobriety test and the breath analyzer test are done on site "whenever practicable".

A driver who refuses these mandatory tests faces confiscation and automatic revocation of his driver's license, on top of other penalties (Section 8). For the penalties for drunk driving, see Drunk driving penalty in the Philippines.

Yes, if the accident caused death, injury or damage through negligence. Section 56 of Republic Act No. 4136 says a driver at fault in an accident that causes death or injury is punished under the Revised Penal Code. The usual charge is reckless imprudence under Article 365, which defines it this way:

The penalty depends on the result: death, injuries or damage to property. A driver who fails to give the injured, on the spot, the help he is able to give gets the penalty one degree higher. See Reckless imprudence: penalty.

In Ivler v. Modesto-San Pedro (2010), the Supreme Court held that one careless act is one offense. All the injuries, deaths and damage from one accident belong in one case. They cannot be split into separate cases.

The person at fault. Article 2176 of the Civil Code says that whoever causes damage to another through fault or negligence must pay for it. This is called a quasi-delict.

The Civil Code also has a rule just for drivers:

So a driver who was speeding or beating a red light at the time starts at a disadvantage. He must prove he was not negligent.

Others may share the bill. An owner who was in the car can be liable with the driver if he could have prevented the accident. An employer can be liable for an employee who drove while doing his job, unless the employer proves it used "all the diligence of a good father of a family" (Article 2180). See Is the car owner liable for the driver's accident?

Two more rules matter:

• A claim based on a quasi-delict must be filed within four years (Article 1146 of the Civil Code).
• The victim cannot be paid twice for the same act, even if he claims both in the criminal case and in a separate civil case (Article 2177).

Every motor vehicle on a public highway must have compulsory third-party liability insurance, or a cash or surety bond (Section 387 of the Insurance Code, as amended by Republic Act No. 10607). Claims for death or injury of a passenger or third party are paid "without the necessity of proving fault or negligence of any kind" (Section 391). This is the no-fault claim.

• The law sets a minimum: the total indemnity per person "shall not be less than" ₱15,000.
• Proofs, submitted under oath: the police report of the accident, plus a death certificate or a medical report and receipts.
• Deadline: the written notice of claim must be filed within six months from the accident, or the claim is waived (Section 397).

See How to claim CTPL insurance after an accident for the full rules.

Yes. Republic Act No. 10930 says that if the accident caused death, or injuries such as the loss of a body part or its use, insanity, blindness, or incapacity to work for more than 90 days, the license of the offending driver is revoked for four years "after a finding by the court that such driver was negligent or at fault".

The implementing rules add that the LTO Assistant Secretary may still suspend or revoke the license even if no case is filed in court, or if the parties settle. This happens if he finds the driver is an improper person to drive.

General tips, not legal requirements:

• names, addresses and license numbers of the drivers, and the owner's name and address;
• plate numbers, photos of the vehicles, the road and the injuries;
• names and contact numbers of witnesses;
• the police report, medical certificates, and every receipt for treatment and repairs.

Proof of cost matters, because damage to property is punished by a fine based on the value of the damage. For LTO matters, see our LTO guides and LTO offices. For police documents, see our PNP guides.

These are made-up examples to show how the rules work. They are not advice for any real case.

Joy's car is rear-ended on a provincial road. Both drivers must show their licenses and give their true names and addresses, and the owners' names and addresses (Section 55). Joy gets a copy of the police report. If anyone was injured, the report is one of the proofs for the no-fault insurance claim, which covers death and injury, not damage to the car.

A tricycle hits Lito while he is walking. Lito was not riding in any vehicle, so his no-fault claim goes to the insurer of "the directly offending vehicle", the tricycle. He must send a written notice of claim within six months from the accident.

Ramon drives a company van, runs a red light and hits a jeepney. He was violating a traffic rule, so he is presumed negligent (Article 2185). His employer can also be liable for the damage, unless it proves it used the diligence of a good father of a family to prevent the damage (Article 2180).

Talk to a lawyer if someone was seriously hurt or killed, if you are accused of causing the accident, or if the other side offers a settlement and asks you to sign a waiver or quitclaim. A lawyer can explain which charges apply, how criminal and civil claims fit together, and what you can recover. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.