Operatora��s route accident fund cushioning victims

Mbongeni Ndlovua��s left leg was seriously damaged in June 2014 when the kombi in which he was a front middle seat passenger plunged in a drench and overturned after the driver failed to give way to oncoming traffic.

His left leg is now twisted and a few centimeters shorter than the right one. He now depends on morphine for pain relief.

Previously a full time long distance runner, Ndlovu has had no less than five operations since the accident.

During his long recovery, the metal in his leg became infected and one operation resulted in an artery being damaged which subsequently led to further reconstructive surgery.

a�?Ia��m in pain and discomfort and will probably never work again. This has ruined my life as Ia��m basically stuck in the house most of the time,a�? he said.

The taxia��s passenger insurers Bulawayo United Public Transport Association (BUPTA) admitted liability for the accident and assisted the victim pay his medical bills using the operatorsa�� route accident fund.

He obtained numerous interim compensation payments throughout his claim.

a�?The transport operator made sure that my stay at the hospital ran smoothly. I knew that whenever I had a question someone would be there for support,a�? said Ndlovu.

BUPTA secretary general Albert Ncube said after realising that insurance companies were lackadaisical when it comes to assisting accident victims despite operators paying the passenger insurance premiums, the association had to introduce their own scheme, a�?route accident funda�? to assist victims.

a�?The route accident fund is set up by BUPTA members as a fund of last resort to compensate victims of accidents caused by our vehicles. Each operator contributes $0,50 a day per kombi towards the scheme.

a�?In the event of the accident the association deals with the victims on an individual basis. We use the funds to assist the victims by paying their hospital bills and buying drugs.

a�?We also give them transport money to and from hospital or give them coupons which they use to board our kombis for free until they are fully recovered. In cases where the victim dies, we contribute towards funeral expenses. We buy the coffin and provide transport to ferry people to the grave site,a�? he said.

Ncube highlighted that they used to tell the victims to go to the police or direct them to the passenger insurance companies for their claims, but they realised that these insurers were taking their time in assisting the victims.

a�?These people are our customers; they are the same people who keep us afloat. Insurance companies do pay but they take more than necessary time to respond to the victims. They may take even up to a year without compensating the victims.

a�?Adjusters deny many claims they know are covered. They do this in the hope that by denying a claim they wona��t hear more about it.a�?

The period following an accident may be quite devastating. Disoriented from pain and unfamiliar legal processes, many accident victims find themselves more susceptible to influence by insurance companies.

A Bulawayo legal expert Coaster Dube said claim adjusters for insurance companies often try to trick accident victims so that the potential liability of the insurance company can be minimised.

a�?While the adjuster is doing the job for which he or she was hired, it also means that the victim may lose out on money they need to recover after the accident.

a�?They also employ the delay tactic. The longer the adjuster can drag out the claim, the longer they keep their money earning interest and the better chance they have of settling the case down the road for peanuts, said Dube.

Ndlovu pointed out that to his surprise he has never received a phone call from the passenger insurance company.

Even after persistent contact with the adjuster, he always requests additional records to finalise my claim.

a�?This is frustrating; I dona��t expect an adjuster to always request additional information. The adjuster usually says they need additional information for them to process my claim. After the information is obtained, the adjuster will request another piece of information that they need in order to proceed and so on.a�?

BUPTA chairperson MK Ndlovu bemoaned the failure by the vehicle insurance companies to provide compensation and assistance to accident victims on time. a�?Ita��s disheartening to see injured victims struggling to get compensation from insurance companies despite the fact that we, the operators pay exorbitant premiums to insure our passengers,a�? said Ndlovu.

Some insurance companies refuse to pay out, saying travellers would not have been covered under their policies.

An expert from a local insurance company David Ngulube said: a�?When it comes to insurance, you get what you pay for. Unfortunately, if you bought an off-the-peg insurance policy, it is not going to cover you for everything.

Passenger insurance for a kombi covers up to 15 passengers only. Unfortunately these kombis carry 18 so if things go wary they are not certain to get assistance.a�?

Ngulube said if the victim wishes to claim that he got injured as a direct result of the car accident, it is imperative that he actually go and get treatment right away otherwise, they would not know that the injuriesA� really happened as a result of the accident or that those injuries are related or connected to the accident.

a�?If you have proof that you went to the hospital immediately after the accident and your injuries were diagnosed then, you will be compensated though you need to be patient. There is a lot of paper work to be done. we dona��t just disburse funds.a�?

Ngulube emphasised that passengers should make it their business to find out if the vehicle is insured before they get on board highlighting that it is not all passenger transport operators who comply with the requirements with regards to the passenger liability cover.

There are cases where passenger vehicles are not insured or the insurance cover has not been renewed when it expired.

a�?Commuters should shun boarding pirate taxes or unregistered kombis at undesignated areas. Most of these kombis are not properly insured and in the event of the accident commuters will be left in the cold,a�? said Ngulube.