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Sydney Kawadza  : Senior Features Writer

Being involved in an accident is every body’s horror. Losing a relative or a loved one is painful. No-one expects an accident to happen, it’s not something that one anticipates. Those who have been victims are left broken down. Tears may dry, but the souls remain broken. The pain can last a life time. On January 18 last year, an accident along the Harare-Nyamapanda Highway claimed the lives of 27 people.The accident, at a curve next to the turn-off leading to a clinic at the Pagejo raRubi Farm, happened when two buses, a Zupco and Pioneer, side-swiped.

The accident was declared a national disaster.

This is not an isolated incident.

Many other accidents have rocked Zimbabwe and shocked people to the core.

Hundreds die on Zimbabwe’s roads while thousands more are injured.

Vengai Chinyama lost his wife and three children in the Mutoko Road bus disaster.

His wife Nyaradzo, daughter Tafadzwa (12), twins Tanaka and Tashinga (7) perished in one moment.

He is a broken man!

His story is just but one sad tale shared across Zimbabwe.

Somehow, all these victims are unaware of the compensation they are entitled to as accident victims.

Insurance experts, stakeholders and authorities have bemoaned the ignorance.

Zimbabwe has what qualifies as one of the best insurance covers for accident victims.

This insurance is however fraught with its own challenges.

The challenges are however not insurmountable.

Insurance consultant Dr Sam Samu says the Zimbabwean cover is the best compared to other countries.

“South Africa has a pool of funds for accident victims using the Road Motor Fund while Zimbabweans pay premiums.

“SA motorists contribute to the fund through fuel levies while the United Kingdom uses a compulsory Motor Insurance Policy for a similar fund,” he said.

The cover, he said, comes with compulsory motor insurance setting a minimum compensation for accident victims.

“Accident victims have a right to compensation and motorists involved in accidents can approach their insurance company for assistance,” he said.

Dr Samu, however, noted that there were loopholes taken advantage of by those avoiding paying compensation in case of injury or death in an accident.

“There are cases where a passenger service vehicle has not been insured or the insurance cover has not been renewed when it has expired,” Dr Samu said. “Hit and run accidents are also tricky for those seeking compensation.”

He, however, said about 65 percent vehicles carrying passengers are not insured in Zimbabwe.

These, according to Dr Samu, are pirate and private vehicles.

“Zimra does not issue motor vehicle licences when there is no insurance cover for any vehicle and law enforcement agents are also playing a vital part in enforcing these provisions,” he said.

Dr Samu also called for authorities to establish a motor insurance bureau to cover the loopholes.

“The bureau could also sort out compensation for victims of hit and run accidents.”

He said: “Another challenge comes from motorists who become evasive because they think motor insurance is some form of tax.”

Dr Samu said accident victims were also wrong to approach vehicle owners after an accident.

“Claims should be made through insurance companies who can make follow-ups with vehicle owners where there are deficits,” he said.

The Road Traffic Act in Section 38B (1) compels drivers of passenger public vehicles to get a policy of insurance providing a benefit to every person who suffers a loss or injury in an accident.

Section 38 (1) (a) of the same Act provides for $2 000 compensation in case of death of or permanent injury of the victim.

The Act, in sub-section (1) (a) further provides for the payment of $350 for medical and funeral expenses in case of injuries or death respectively.

The law also provides, in Section 38C, which limits liability in respect of children and small claims, for $200 compensation for death or permanent disability for a child of six years or below and $300 for a 14-year-old or below.

The child who gets $300 should however be older than six years.

A driver found in the above is liable to imprisonment of at least one or a fine which would be determined by the courts.

The Road Traffic Act in Section 38D requires a driver of a passenger service vehicle to ensure that proof of insurance is displayed on the windscreen and failure to display it would be fined or jailed for up to three months.

 

Insurance Council of Zimbabwe executive officer Mr Cletus Chitambira outlined how accident victims or their relatives can claim compensation.

There are two options in claiming compensation.

“Either he or she approaches the owner of the vehicle who will advise the insurance company as well as that the PSV operator has duly completed the requisite claim form or can directly approach an insurance company at any one of its offices where he or she would be required to submit documentation to corroborate the amount of compensation he or she is claiming,” he said.

Mr Chitambira said these documents include medical receipts and or invoices.

“In the event that the accident victim is incapacitated to do so personally because of the injuries sustained someone else, for example, a relative and or friend, can do so on behalf of the accident victim,” he said.

A victim with his or her own account can seek reimbursement for the outlay from the insurance company.

Mr Chitambira, however, concurred that a number of PSV plying Zimbabwe’s roads do not have insurance at all or do not have valid insurance.

“There is widespread lack of knowledge of passenger insurance cover as well as lack of understanding of the steps to be followed in seeking compensation,” he said.

Another challenge, he said, is an apparent mentality to quickly lay the blame on insurance companies for lack of compensation.

“When reviews of these cases are done it would be invariably found that in a number of cases the due process would not have been followed or attempted at all.

“We encourage accident victims to lodge their claims rather than blame the system. If a claim is made then it will be easy to follow it up,” Mr Chitambira said.

The ICZ has been engaged in extensive Public Awareness Campaign specifically targeting members of the public and Public Service Vehicle operators.

The council is also engaged in various media campaigns.

It has also launched an Electronic Cover note system to eradicate fake insurance.

“On a related matter we are now at an advanced stage of introducing electronic passenger personal insurance which will also eradicate fake insurance in this line of business,” Mr Chitambira said.

Accident victims have also successfully sued in accident compensation cases.

For example, a six-year-old girl from Mabvuku with five percent disability on her left hand injury was awarded $2 000.00 compensation against Takrose Buses (PVT) Ltd.

The girl was hit by the bus on August 22, 2007 and the court ruled in her favour for general damages for pain and suffering and costs of suit.

Another woman won $36 475.00 with interest as damages for injuries sustained in a road traffic accident.

A minibus she was travelling on was involved in a collision with a trailer being pulled by a Malawian registered horse truck.

The minibus overturned and the woman sustained severe injuries to the right forearm.

In the High Court case of Mabaire and Jailos and another, the former was awarded $108 000 in compensation after that Jailos failed to control his vehicle and fatally struck the woman’s husband.

Mr Tapiwanashe Gwisai, the managing director at Zimbabwe Accident Helpline said there is a traffic collision every 15 minutes in the country.

This implies that an average of 45 people are being injured every day (some critically).

He said an average of seven people are killed on a daily basis.

“Road accident investigators claim that accidents in Zimbabwe are caused by vehicle defects, speeding, animals, following too close to another vehicle, driver fatigue (inattention, misjudgement and distraction), failure to give way, turning in front of oncoming traffic, overtaking error, drunken driving, worn out tyres and overloading,” he said.

Traffic Council of Zimbabwe managing director Mr Obio Chinyere said Zimbabwean should know their right to compensation.

“When one is involved in an accident, he or she should enquire whether the vehicle was insured.

“Passengers should also check whether the vehicle they board has insurance and in case of an accident victims should go the nearest police to see if they can get any form of compensation,” he said.

The question is whether people are claiming compensation after being injured in an accident or when they lose their loved ones.

Passenger Service Vehicle owners disappear when Government offers assistance in cases where accidents are declared national disasters.

 

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