Clarity of insurance claims

Robin Muchetu, Senior Reporter

MOTORITS have been urged to comply with lockdown regulations in order for them to settle motor claims, without incident, from insurance companies they subscribe to in the event of an accident after hours.

Minerva Risk Solutions, a local insurance broker has cleared the air following several reports that motorists that are involved in road traffic accidents during the stipulated period of curfew cannot make any claims as they will be operating during a prohibited period.

“As a general rule of law, insurance policies do not cover any acts or incidents which may be contrary to public policy or legalisation. The national lockdown regulations stipulated under Statutory Instrument 10 of 2021 are of legal force and effect.

“Although the insurance contracts have no explicit provisions regarding curfew rules and legislations, there has currently been no precedent by various insurance companies on whether breach of curfew regulations will be deemed to be breach of the insurance contact and national legislation which will result in repudiation of a claim,” said Mr Simani Wadi, company  general manager.

He however, said motorists must be cautious and not take advantage of the situation but stick to lockdown regulations in order to be on the safe side.

“Accordingly, as a word of caution, we implore our clients to adhere to the lockdown regulations, particularly relating to curfew times, unless they have a valid reason or an excusable reason under the regulations to avoid any possible dispute with insurers in the unfortunate event of an accident occurring outside curfew hours,” added Mr Wadi.

As part of the national lockdown regulations, the public is supposed to follow a curfew which starts at 8 pm to 5.30 pm where no one must be moving around. – @NyembeziMu

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