What You Can Claim

Your rights are covered by two Acts. The Act covers your Common Law Right to claim for personal injures or death caused by a motor vehicle accident on a public road, and when insured off the road.

Common Law Right

Not everyone who is injured is entitled to receive the same amount.Your claim will depend on your injuries and your circumstances at the time of your accident.

For example you might be able to claim:

Payment for pain / suffering / disfigurement
Income lost as a result of the injury
Income which you can no longer earn
Hospital and medical expenses

You should make a careful note that unless YOU CAN PROVE that you sustained the injury, or suffered, or lost income, or paid medical accounts, you could have difficulty claiming for them. Therefore you must obtain all medical report/records and accounts to give to the MVIL. Basic Protection Compensation Under this Act a Court may order a payment, but only if a person has been killed in a motor vehicle accident. Payment is made as follows:

Where the diseased person has left a dependent wife or dependent child the payment is made to the wife or child – K5,000 maximum

In any other case to the head of the diseased person’s immediate customary kinship group as agent for all members of that group – maximum payment K2,500 The Court does not always make an Order to pay the full amount.

For you, the widow, widower or child, you must produce to the Court – the Police Report, Post Mortem Certificate and the Death Certificate. YOU MUST DO ALL OF THIS AS QUICKLY AS POSSIBLE AFTER THE DEATH. YOU MUST ASK THE COURT YOURSELF AS A LAWYER CANNOT DO THIS FOR YOU. Fraud IF YOU MAKE A FRAUDULENT CLAIM YOU WILL GO TO JAIL FRAUD MEANS: if you tell lies so that you or a friend can obtain money from MVIL If you know someone who is making, or has made a fraudulent claim you must immediately tell MVIL

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