Intergrity : Professionalism : Compassion : Teamwork : Innovation
Monday, July 24, 2017, 12:49 pm

Claims Overview

Being involved in a motor vehicle crash can be a traumatic experience. That is why we want to provide you with clear, easy-to-follow steps about claiming compensation.

What accident survivors must know, first and foremost, is that Sincephetelo covers all accidents that occur within the kingdom of Swaziland. We compensate using a fault based system, which simply means that we cover individuals who were found to have not been at fault when the road traffic accident occurred.

The first step to lodging a claim is obtaining a police report from the police station to which the crash was reported. Once the report has been submitted to the Fund, a claim form will be issued to the claimant.

Jurisdiction:

The MVA Fund compensates for accidents that occur within the Kingdom of Swaziland. Therefore, one cannot claim for an accident that happened outside the country.

What constitutes a claim?

Section 12 of the Motor Vehicle Accident Act, which provides basis of the cover, reads as follows: "A claimant who has suffered loss as a result of injury to himself, or as a result of the death or injury of any person, in either case caused by or arising out of the negligent driving in any place in Swaziland of a motor vehicle by another person or other unlawful act of the person driving the motor vehicle (the driver) or the owner of the motor vehicle or his servant in the execution of his duty, shall, subject to the conditions, limitations and exclusions imposed by this Act, be entitled to claim the benefits prescribed by this Act from the SMVA Fund.

Therefore, the requirements for any claim can be sum-Claim Procedure:

  • The claimant must be person or claimant to have suffered loss by reason of injury to him or herself or by the death of another.
  • The cause must either be the driving of a motor vehicle or an unlawful act associated with a motor vehicle and the conduct must be performed by the owner, driver or an employee of the owner acting on the course of his/her employment.
  • A degree of fault on the part of the owner or driver of the motor vehicle or the employee is required. This constitutes negligence, which forms the basis of any claim.
  • A casual link is required between the loss suffered by the road accident victim and the conduct of the negligent owner or driver.

When to lodge a claim:

A claim must be lodged within two years after the occurrence of the accident. Accident survivors or dependants who wish to claim are however encouraged to lodge claims soon after the accident occurrence. However, minors and people with mental illnesses are excluded from the two year restriction.

Excluded claims: "An unlawful dependant, insured driver or any other person who contributes to funeral expenses as social duty cannot claim funeral expenses. "Contributory negligence, the fund will penalise a claimant who has been found to have contributed to the occurrence of the accident.

What are cases where the SMVAF will not pay a claimant:

  • If a person refuses or fails to undergo medical examination or does not allow the fund to inspect medical reports relating to the claim.
  • If a person fails to submit necessary documents in a reasonable within a reasonable period of the accident.
  • In respect of a claim for emotional loss.

BACK TO TOP
   Online Magazine

We at Sincephetelo Motor Vehicle Accidents Fund are very excited to present to you our brand new ONLINE MAGAZINE.

READ MORE

© 2017 Sincephetelo MVA Fund Managed by Onswaziline