The claim process for Motor Third Party Insurance
The moment the vehicle gets involved in an accident; report the incident to police and the 2nd party (insurer). Where possible let the police visit the accident scene.
Which details are given?
Reporting the accident starts off the claim process because all other parties involved have specific roles to play. After giving notice to the insurer, you will be required to fill an accident report form. Details in the form include:
- Facts about the accident
- Particulars of date, nature and circumstances of the accident
- Any other details the insurer may require in relation to the accident.
Documents required to make a claim
The accident victim (if possible) or representatives present the following documents to the insurer to claim:
- Identification of the claimant
- Police accident report which gives particulars of the vehicles involved, drivers, owners, insurers, victims, extent of injury, the party to blame, the insurance sticker, among others. The costs incurred in obtaining the police report are reimbursed by the insurance company and forms part of the total compensation.
- Medical examination report issued by the police and is known as Police Form 3.
- Medical doctor’s report which assesses the extent of incapacitation.
- Receipts in respect of expenses incurred for treatment.
In case the accident victim dies in the accident, his/her representatives should present the following for compensation:
- Deceased’s identification
- Police report
- Post mortem report
- Letters of administration
- Introductory letters from the LC.1 of the deceased’s area of residence
Compensation limits of cover
Under the law, the maximum liability with Motor Third Party Insurance is 1 million shillings per person and 10 million shillings in aggregate per accident.
If the claimed amount exceeds the above statutory limits, unless the insured has sufficient extra coverage in place, the claimant has an option of recourse to courts of law against the vehicle/motorcycle owner for the amount over and above the said limits.
All vehicles/motorcycle owners are therefore encouraged to secure insurance policies for improved limits since the Motor Third Party limits are viewed as low.
Motor Comprehensive Insurance
In addition to Third Party coverage, the Comprehensive Insurance Policies cover the vehicle owner, his/her car, co-passengers and immediate family members against damages or losses arising from unforeseen calamities. It is prudent to purchase a Comprehensive Motor Insurance policy.
How long does it take to settle a claim?
The law provides that after all documentation is in place and accurate and there are no disputes, the insurer must settle a claim within 60 days of reporting the incident. In cases where disputes arise, the claim should be settled within 30 days of that dispute being settled.
The Complaints Bureau
The Insurance Regulatory Authority is responsible for:
- Safeguarding the rights of insurance policy holders and insurance beneficiaries to any contract.
- Providing a bureau to which complaints may be submitted by the members of the public.
This information was provided by Hope for Victims of Traffic Accidents an NGO whose vision is to see a community free from road accidents through their road safety campaigns, psycho-social support and legal arbitration to the victims of road traffic accidents.