Claims

Benefits offered by SMVAF:

The types of compensation can be listed as follows:

  • Funeral expenses
  • Medical expenses (past and future)
  • Loss of earnings or income
  • Loss of support (for dependants of deceased victim)
  • General damages

Funeral Expenses

People who have lost relatives to a road traffic accident within the country have the right to claim compensation for funeral costs. What should be noted here is that proof of expenditure has to be produced. This could be in the form of receipts of expenditure, for instance, at a morgue, or an invoice for a purchased coffin. However, the Fund can only reimburse expenses up to a maximum figure of E10 000.

Medical Expenses (past and future)

Past medical expenses are reimbursed to the claimant only when proof of expenditure has been produced e.g. receipts of hospital or clinic fees paid. Future medical expenses are determined mostly through the services of various medical experts to whom the Fund sends claimants for examination. Such experts then give the Fund reports indicating the full extent of the claimant's injuries as well the necessary future treatment and costs thereof. This could be both curative and rehabilitative treatment such as physiotherapy, occupation therapy, special education, counselling, wheelchairs and disability adapted housing.

Loss of Earnings or Income (Past and future)

Past lost of earnings or income is offered where the claimant due to his/her injuries was unable to work and as a result lost income before he/she was made an offer.On the other hand, future loss of earnings/income is offered where the claimant due to his/her injuries will be unable to work even after the time of the offer being made, either for a specified period or for the rest of his/her life. Unlike past loss of earnings/income, though the money is reflected as part of his/her compensation, it is not given to the claimant as cash, but paid to the claimant in annual instalments. In both cases the claimant has to produce proof of his earnings/income at the time of the accident and that he/she was unable to work, and as a result, lost income.

Loss of Support for Dependants of deceased victims

PWhere a breadwinner has died in a road traffic accident, his/her Dependants have a right to claim loss of support from the Fund. What is required in such cases is proof of the deceased's earnings at the time of the accident, which could be in the form of pay slips or bank statements.

General Damages

These are offered to the claimant for pain and suffering, disfigurement, loss of advantage or loss of amenities. It could be referred to as "sorry money". Though the claimant is required to state a figure when filling our claim form, the amount offered is calculated based on precedents, thus may be lower or higher than what is anticipated.

Obtainable documentation to support the personal injuries;

  • Original Police Report
  • MVA Claim Form
  • Proof of claimant’s identity {certified copies: National ID, Passport, Drivers licence} all valid.
  • Proof of medical expenses incurred by claimant.
  • Birth certificate of injured minor.
  • Minor’s identity {any legal identity} where claimant is minor..
  • Claimant’s statement detailing events as they occurred {under oath}.
  • Affidavit stating all the facts and amounts claimed for.
  • Curatorship order/adoption certificate {where minor is represented by persons other than parent(s)

Obtainable documentation to support claim for loss;

  • Original Police Report
  • MVA Claim Form
  • Proof of claimant’s identity {certified copies: National ID, Passport, Drivers licence} all valid.
  • Birth and death certificates for deceased {original or certified copy}
  • Post mortem report if death was gradual if available
  • Proof of income – deceased {payslips employed, financial statements when self employed, employer acknowledgement on informal}
  • Birth or adoptive certificates for dependants of the deceased.
  • Valid marriage certificate
  • Curatorship order
  • Affidavit stating all the facts and amounts claimed for

Obtainable documentation to support claim for funeral expenses;

  • Original Police Report
  • MVA Claim Form
  • Proof of claimant’s identity {certified copies: National ID, Passport, Drivers licence} all valid.
  • Birth and death certificates for deceased {original or certified copy}
  • Post mortem report if death was gradual
  • Proof of relationship between third party and deceased
  • Proof of funeral expenses
  • Affidavit stating all the facts and amounts claimed for


Note: All birth, marriage and death certificates printed in foreign language must be accompanied by a written interpretation by a recognised / sworn interpreter.

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