How to Claim Compensation After a Hit-and-Run Truck Accident in the Philippines

A hit-and-run truck accident is one of the most frustrating and devastating incidents a victim can experience. Trucks’ size and weight often result in catastrophic injuries, fatalities, and massive property damage, yet the offending driver flees the scene, leaving the victim without immediate information about the owner or insurer. Fortunately, Philippine law provides multiple avenues for compensation even when the truck and driver remain unidentified at the outset. This article explains every available remedy, step by step, under current Philippine law as of 2025.

1. Immediate Actions at the Scene (Critical for All Later Claims)

  1. Prioritize life and safety. Move to a safe location if possible, call 911 or 117 (PNP emergency), and request ambulance and police assistance.
  2. Do NOT chase the fleeing truck – it is extremely dangerous.
  3. Take photos/videos of everything: skid marks, debris, scattered truck parts (e.g., side mirror, bumper fragments often fall off trucks), spilled cargo, and the overall scene.
  4. Look for any identifying details on the truck that fled: company name/logo on the side (very common with delivery, hauling, or logistics trucks), body color, type (wing van, dump truck, trailer, etc.), cargo description, partial plate number, or conspicuous damage/markings.
  5. Obtain statements and contact numbers of ALL witnesses – delivery riders, bystanders, and other motorists are often the key to later identification.
  6. Note nearby CCTV cameras (gas stations, convenience stores, barangay halls, MMDA cameras, private establishments).

These steps dramatically increase the chances of identifying the truck later through PNP-HPG investigation.

2. Mandatory Police Reporting and Investigation

You MUST report the incident to the nearest police station within 24–48 hours (immediately if possible). A hit-and-run involving a truck is almost always treated as a serious case because of the high probability of serious physical injuries or homicide.

Key agencies:

  • Local PNP station for the initial blotter.
  • PNP-Highway Patrol Group (HPG) Hit-and-Run Investigation Section – they have nationwide authority and specialize in identifying fleeing vehicles using CCTV footage from MMDA, LGUs, and private establishments.
  • If on a highway: Philippine National Police – Highway Patrol Group (tel: 8725-0010HPG or 0998-849-0277).

Request the following documents (essential for every claim):

  • Police Blotter (Certified True Copy)
  • Traffic Accident Investigation Report (TAIR)
  • Sketch and Spot Report
  • Affidavit of witnesses (if attached)

HPG has an excellent track record in truck hit-and-run cases because most trucks belong to companies with GPS trackers, fixed routes, or conspicuous markings. Many cases are solved within days or weeks.

3. Criminal Liability of the Fleeing Driver (Creates Civil Liability by Operation of Law)

Hit-and-run is a criminal offense under:

  • Article 365, Revised Penal Code (Reckless Imprudence Resulting in Homicide, Serious Physical Injuries, etc.)
  • Section 55, Republic Act No. 4136 (Land Transportation and Traffic Code) – failure to stop, render assistance, and provide information.

Penalties are severe when a truck is involved (higher because the law considers the greater danger posed by heavy vehicles.

When the driver/owner is identified and convicted, the court is required to award civil indemnity and damages automatically (Article 100, Revised Penal Code; People v. Lage, G.R. 237985, 2021). Current standard awards (2025:

  • Death: P100,000 civil indemnity + P100,000 moral + loss of earning capacity + actual damages
  • Serious physical injuries: P50,000–P200,000+ depending on gravity + medical expenses + lost income

Even if the fiscal files only the criminal case, you can reserve the civil action or file it separately.

4. Civil Action for Damages (Quasi-Delict) – Independent of Criminal Case

You can file a civil case for damages under Articles 2176–2194 of the Civil Code even if the driver remains unknown initially.

  • File against “John Doe” (unknown truck owner/driver) and later substitute the real name when identified.
  • Venue: Regional Trial Court where the accident happened or where you reside.
  • Prescription: 4 years from the accident (Article 1146, Civil Code).
  • If the truck belongs to a company, sue the registered owner (who is solidarily liable with the driver (Article 2180 + registration under “kabitt system” doctrine in registered-owner rule).

Damages recoverable:

  • Actual damages (hospital bills, rehabilitation, future medical, funeral)
  • Lost earning capacity (with proof of income)
  • Moral damages (P100,000–P500,000 common in truck cases involving severe injury/death)
  • Exemplary damages (common when gross negligence or hit-and-run)
  • Attorney’s fees (10–20% usually awarded)

Public Attorney’s Office (PAO) will handle the case for free if you are indigent.

5. Insurance Claims – The Primary Source of Compensation

A. When the Truck Is Identified (Most Common Outcome in Truck Cases)

  1. Police/HPG obtain the registered owner from LTO using partial plate, body number, or company markings.
  2. LTO record contains the compulsory insurance policy number and company.
  3. File a third-party claim directly with the truck’s insurance company (Standard Chartered, Malayan, Pioneer, Mapfre, etc.).

Coverage for commercial trucks is usually much higher than private cars:

  • Compulsory TPL (CTPL): P100,000 minimum per person for death/bodily injury (no property damage)
  • Voluntary Commercial TPL: commonly P1M–P20M per person/accident (bodily injury) and P1M–P5M property damage (most logistics/hauling companies carry high limits because of franchise requirements by LTFRB/DOTr).

Procedure:

  • Submit Letter of Demand + police reports + medical abstracts/bills within 6 months (most policies require notice “as soon as practicable”).
  • Insurer has 10 working days to process no-fault (P15,000 maximum medical) and longer for full claim.
  • If denied or delayed, file complaint with Insurance Commission (free, fast adjudication).

B. When the Truck Remains Unidentified (Worst-Case Scenario)

Options are more limited but still exist:

  1. No-Fault Indemnity Claim (Section 391, Insurance Code as amended)

    • Any licensed insurance company must pay up to P15,000 for medical/reimbursement upon submission of police report + bills + death certificate (if fatal).
    • File within 6 months from accident.
    • This is available even if the offending vehicle is unidentified.
  2. Uninsured Motorist (UM) Coverage in Your Own Comprehensive Policy

    • If your vehicle (or the vehicle you were riding in) had comprehensive insurance that includes “Uninsured Motorist Protection” or “Hit-and-Run Coverage,” you can claim bodily injury up to the policy limit (commonly P200,000–P1M).
    • Property damage is usually excluded unless expressly included.
  3. Personal Accident Insurance

    • Many Filipinos have separate PA insurance (bank, credit card, employer) that covers hit-and-run accidents – check your policies.
  4. Victim Compensation Program – Board of Claims, Department of Justice (RA 7309 as amended by RA 9745)

    Victims of violent crimes (including reckless imprudence resulting in homicide/physical injuries through use of motor vehicle) may apply for compensation when:

    • Offender is unknown or insolvent
    • Maximum: P10,000–P75,000 (death) depending on current guidelines
    • File within 2 years from accident
    • Requires police report showing hit-and-run

    Though amounts are modest, it is government money and does not require repayment.

6. Special Rules When the Truck Is a Common Carrier

Most trucks involved in accidents are common carriers (delivery, cargo, hauling) and are therefore under extraordinary diligence (Articles 1732, 1755–1763 Civil Code).

  • Presumption of negligence lies against the carrier.
  • Franchise holders (LTFRB) are required to carry much higher insurance (often P5M–P20M bodily injury).
  • Registered owner is solidarily liable even if the driver was unauthorized (registered-owner rule, PCI Leasing v. UCPB, G.R. 162267, 2008).

This makes recovery significantly easier once the truck/company is identified.

7. Practical Timeline Checklist

Day 0–1 | Seek medical treatment → Report to police → Gather evidence
Day 1–7 | Go to HPG Hit-and-Run Section → Request CCTV requests → Witness affidavits
Week 1–4 | Obtain certified police reports → Submit no-fault claim (P15,000) → Notify own insurer
Month 1–3 | If truck identified → demand letter to insurer → mediation at barangay (required if same municipality)
Month 3–12 | File civil case if settlement not reached → PAO assistance if needed
Within 4 years | Ensure civil case is filed before prescription

8. Free Legal and Investigation Assistance

  • Public Attorney’s Office (PAO) – free lawyer for civil and criminal cases
  • Integrated Bar of the Philippines (IBP) Legal Aid – if PAO is overloaded
  • PNP-HPG Hit-and-Run Section – very proactive in truck cases
  • Insurance Commission Consumer Protection Division – free mediation/arbitration against insurers (highly effective)

Conclusion

While a hit-and-run truck accident initially seems hopeless, Philippine law and practice actually favor victims, especially when heavy vehicles are involved. The combination of mandatory high insurance for commercial trucks, aggressive HPG investigation using CCTV/GPS, the registered-owner rule, and multiple fallback remedies (no-fault, own UM coverage, DOJ Board of Claims) means that the majority of victims eventually receive substantial compensation. The key is to act immediately: preserve evidence, report promptly, and pursue identification relentlessly. With proper documentation and persistence, full compensation for medical bills, lost income, pain and suffering, and even exemplary damages is very achievable.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.