How does the law protect all people against death, injury, or loss of property in traffic accidents?
Every person who has a motor vehicle is required by the Road Traffic Act to have Third-party motor vehicle insurance. It is compulsory insurance. Normally a person has discretion on whether to buy insurance or not. Failure to do this is an offence for which a person can be punished with a fine of up to US$ 300 or imprisonment of up to 12 months.
When we say “third party”, we are referring to you. Since an insurance policy is a contract between two people, you become the third party in the whole arrangement. The purpose of Third-party vehicle insurance is so that people who get involved in traffic accidents can be compensated for their losses.
Compensation can be claimed for death, injury, or destruction of property caused by the motor vehicle insured. Any person who has been injured, or dies as a result of a car accident can claim compensation directly from the negligent driver’s insurance company. In the case of death, the dependants can claim.
Most policies specify that they will only pay compensation if the motor vehicle was being driven by the insured person or any authorized person* The amount of compensation is also limited. At present, each person who is injured or killed is entitled to a maximum of US$ 1000. Where a series of other accidents have been caused by the insured person’s vehicle, the maximum limit is US$ 5000. The act provides limits to the amounts. The Minister responsible periodically reviews these figures through statutory instruments.
So if the extent of the damages incurred exceeds the statutory limits stated above, You may have to sue the negligent driver in his capacity for the remainder after the insurance company has paid up to its full limit. A person who wants to claim against the insurance company must do so before the lapse of two years from the date of the accident.
The author of this snippet is Simon Flemming Mutandi, a lawyer who writes in his personal capacity. The purpose of these pieces is to share insights into the law. The language and content are simplified to give the reader a digest of complex legal issues. For more information contact 0783475020 or email simonflemming1@gmail.com.
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