The first ten minutes: get out of traffic, then lock in evidence
Safety first, argument later. If you can move, get yourself and your bike to the side of the road so you are not hit a second time. If you landed on your head, have neck or back pain, or feel numbness, do not force yourself up; ask bystanders to flag traffic and call for medical help.
If you are able, collect evidence in this order. Photograph the plate front and back, with the make and color in frame. Photograph the whole scene, including where your bike ended up, skid marks, the junction, signs and signals. Photograph your injuries and the damage. Ask to see the driver's license and photograph it. Ask witnesses for a name and number; store staff, security guards and tricycle drivers often saw everything and are willing to help.
Dashcam footage and nearby CCTV carry the most weight, but they get overwritten. Ask shops and building guards the same day whether they can save the clip. Do not argue about who was right in the street. Your only goal at the scene is to pin down who hit you, where, and how, before the other party leaves.
If the driver insists on moving the car before photos are taken, take a quick video first, even if only from the side of the road. A short clip that shows the car, the plate and the position of your bike is enough to anchor the story later. If you are too hurt to do any of this, ask one bystander to do it on your phone and another to stay with you until help arrives. Write down the time and exact location as soon as you can.
What drivers usually say, and which claims actually matter
The usual lines are: you should not have been on this road, you had no helmet, no lights, you were going the wrong way, or your e-scooter is not allowed on public roads anyway. Some of these can affect your claim; others are just pressure to make you accept less.
What can change the split of fault is a violation that actually contributed to the crash, such as riding against traffic, running a light or riding on a road closed to bicycles. Not wearing a helmet usually affects how badly you were hurt and how damages are counted, not whether the driver was negligent. Whether your e-scooter may use a given road depends on its category and local rules; see e-bike and e-scooter road rules and check with the relevant authority for current rules.
The key point is that fault is generally weighed on both sides. Even if you broke a rule, the driver still answers for his own carelessness. So do not walk away because he says you were also at fault, and do not admit anything at the scene. A sentence like "I was not looking" will be quoted back at you. Stick to the facts and let the police record and the later process decide the rest.
Keep a simple written note of what the driver said at the scene, in his own words, and who heard it. Drivers often change their story once an insurer or a family member gets involved, and a note made the same day is far more credible than memory weeks later. If he admits fault in a text or chat message, screenshot it and keep the original thread; do not delete anything, even messages that seem unhelpful to you.
See a doctor the same day: medical records anchor every claim
Go to a hospital the same day even if it looks like scrapes. In cycling crashes, fractures, ligament damage and head injuries often show up a day or two later, and by then the other side will argue the injury has nothing to do with the collision.
Tell the emergency doctor you were hit by a vehicle and ask that the mechanism of injury be written into your record. Keep the ER or clinic notes, imaging and lab results, a medical certificate stating the injury and recommended rest, and every receipt. Keep follow-up and therapy receipts too. For how the ER works and what to bring, see how to use an ER in the Philippines.
If you have an HMO or travel insurance, use it for treatment but keep all paperwork, because what your insurer covers and what you can claim from the driver are separate questions. How the two interact depends on your policy, so ask the insurer or a lawyer. If you need to be admitted, see what to bring for a hospital admission. Medical decisions always rest with the doctor who examines you.
Keep a short diary of symptoms and missed workdays in the weeks that follow. Pain that limits your work, sleep or daily life is part of what you can claim, and a dated record written at the time is much easier to rely on than a reconstruction later. Ask your employer or clients for a short note confirming the days you could not work if you intend to claim lost income, and keep payslips or invoices from before the crash to show what you normally earn.
Police report and mediation: get the record, put any deal in writing
When someone is injured, report the accident at the police station covering the area where it happened. Bring your passport or ID, photos, the plate and license photos, witness details and medical records. Ask for a copy of the police or traffic accident report; insurers and any later claim will need it. For the full process and where foreigners get stuck, see what to do after a car accident.
Small accidents are often steered toward barangay mediation. Where both parties live in the same city or municipality, many civil disputes must go through community mediation before court. Mediation is often faster than litigation, but get the police record first rather than using mediation as a substitute, and put any settlement in writing: what is paid, how much, by when, and that you keep your right to pursue the claim if payment is not made. If you receive a summons, see what to do with a barangay summons.
If the driver offers cash on the spot in exchange for signing a waiver, the general answer is no. Until your injuries are fully assessed, you do not know what this will cost you.
Read the police record before you leave the station. If your account is summarized in a way that is wrong or missing key facts, such as the driver turning without signaling, ask politely for it to be corrected or noted. A record that matches the photos and witness statements is the single most useful document in the whole process, so it is worth the extra twenty minutes to get it right.
Who pays and for what: driver, owner, insurer, small claims
You can usually claim medical bills, follow-up treatment, lost income, the damaged bike or scooter, personal items, and in serious cases moral damages. Each item needs receipts or proof; anything undocumented is hard to recover.
The driver is the first person responsible. If the car is not his, the registered owner can often be liable too, and if he was driving for work, such as deliveries or company transport, the employer may share liability. Every vehicle in the Philippines carries compulsory third-party liability cover, and an injured person can claim the bodily injury portion through the driver's insurer, but the coverage is limited and set by the policy and current insurance regulations, so it rarely covers everything. If the driver has no insurance and says he cannot pay, see when the other driver has no insurance.
If talks fail, send a written demand that sets out the amounts, the basis and a deadline. For modest sums, small claims court lets you proceed without a lawyer; see how small claims court works. For serious injuries, long-term treatment or possible criminal liability, go straight to a practicing lawyer.
Organize everything in one folder from day one: photos, the police record, medical certificates, receipts, repair quotes for the bike or scooter, proof of income, and every message with the driver or his insurer. When you send a demand or sit down to negotiate, a tidy file signals that you know what you are owed and are prepared to go further, which tends to bring a more serious offer than a verbal complaint ever does.
Extra steps for foreigners, and how Yixing can help
Foreigners usually carry two extra worries. Language: police stations and mediation sessions run in Tagalog or English, so confirm any key wording yourself before signing, and ask for interpretation or bring someone if you do not follow. Status: some people fear that reporting will drag their visa into it. Someone legally in the country who files as the victim is generally not put at risk by doing so. If your visa has its own problem, deal with that separately, but do not skip treatment or the report because of it.
For future rides, three things help most: lights on even in daytime, a helmet, and a dashcam or action camera. When something happens, footage beats any argument. If your vehicle was hit while parked, the process is different; see car damaged or flooded in a parking lot.
Yixing International Travel is SEC-registered (CS202009551) and holds Bureau of Immigration accreditation (BI Accreditation No. CA-202624381-1). We do not litigate, but we help Chinese residents and foreigners sort out document, visa and residence questions after an accident, accompany them in conversations and connect them with practicing lawyers; see settling-in support. For your specific case, consult a practicing lawyer. This article is not legal advice.
If you are visiting on a short-stay visa and need to leave before the case is settled, think ahead about who will represent you. A special power of attorney lets a trusted person or lawyer appear for you, sign documents and receive payment, so you do not have to extend your stay just to finish a claim. Make sure your contact details on every record stay current after you leave.
Frequently Asked Questions
The driver says I had no helmet so he will not pay. Is that right?
My e-scooter was not allowed on that road. Can I still claim?
Should I sign a waiver if the driver pays cash at the scene?
Do I need a police report for a minor injury?
Can the driver's insurance pay me?
Will reporting the accident affect my visa?
Talks failed and the amount is small. What next?
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