The Motor Vehicle Accident (MVA) Fund would like to inform the public to be mindful of certain exclusions and limitations on benefits awarded to anyone injured or affected by motor vehicle crashes. MVA Fund Act No.10 of 2007 mandates the Fund to provide assistance and benefits to

persons injured and to dependents of persons killed in such crashes.

“As an organization that operates on a hybrid based system, all persons injured in road crashes, regardless of who caused the crash, can claim and receive fair and reasonable benefits, subject to some limitations and exclusions,” says MVA Fund’s Chief Corporate Affairs Surihe Gaomas-Guchu.

According to Section 7 (Sub-section 26) of the aforesaid Act, the Fund may not award benefits to a person injured in a motor vehicle crash or claiming under Section 25 of the same Act, if the person:

  1. Unreasonably fails to submit a duly completed claim form or provide particulars of the occurrences that are required in order for the Fund to make a determination of the claim;
  2. Fails to provide the Fund with any medical report or permit the Fund, or a person authorized in writing by the Fund, to inspect any medical records relating to the injury; or
  3. At the cost of the Fund, fails to undergo medical examination or assessments;
  4. Drove the motor vehicle under the influence of alcohol when the crash occurred;
  5. Was the driver of the motor vehicle and did not hold a valid driver’s license;
  6. Is the owner of a motor vehicle involved in the crash being driven by a person who is not the holder of a license;
  7. Has driven the motor vehicle or is being conveyed in the motor vehicle during the course of committing a serious criminal offence unless such a person has driven the vehicle or is being conveyed in the vehicle against his or her will;
  8. Submitting the claim provides false information or withholds information calculated to mislead the Fund in making a determination on the claim; and
  9. If the person involved in the motor vehicle crash was illegally in the country at the time of the crash.

Furthermore, Section 7 (Sub-section 27) of the same Act dictates that the Fund awards limited benefits to a person injured in a motor vehicle crash if such a person:

  1. Is wholly responsible for the accident, thereby, contributing to the injury or death giving rise to the claim;
  2. Was a driver of a motor vehicle involved in the accident in contravention of the Road Traffic and Transport Act, 1999 (Act No. 22 of 1999);
  3. Was injured when he or she was not, at the time of the accident, utilizing a seat belt;
  4. Was the owner or driver of the motor vehicle that was defective thus contributing to the cause of the crash, death or injury of any person.

“Since the Fund awards benefits and services to the public within the framework of the law, the management of claims is an important function at the MVA Fund, which is carried out with due diligence to ensure the sustainability of its financial resources and avoid paying out fraudulent claims. Therefore, MVA Fund once again reiterates its commitment towards providing exceptional services to its claimants and urges them to submit them timeously on a duly completed MVA Fund claim form with all required documents to ensure a smooth and swift claims processing process,” explains Gaomas-Guchu.

The Fund’s claim forms can be obtained and submitted at any of the Fund’s Service Centres in Windhoek, Otjiwarongo, Walvisbay, Keetmanshoop, Katima Mulilo, Ondangwa and Rundu. Claimants are further reminded to submit their claims immediately after a car crash occurs, in order to avoid delays and repudiation of such claims.  According to the MVA Fund Act, a claim expires exactly a year after a crash occurred.

The MVA Fund once again reminds the public to report crashes to the MVA Fund Accident Response Number 081 9682, as doing so can save a life.