In terms of the 2007 Act The Fund compensates any person who is injured or dependants of those killed in a road crash irrespective of whether or not the driver was at fault. The Fund compensates only for Medical Expenses and Rehabilitation, Funeral Expenses, Loss of Earnings, Loss of Support and Incidental Expenses (transport and accommodation costs incurred whilst seeking medical assistance).
The Fund does not cover for shock or other nervous or physical trauma induced in any person who witness, hear, or become aware of a road crash. Also, the Fund does not cover for loss of business profits or investment, replacement of staff.
The Fund will also not compensate on a fraudulent claim. Where a road crash occurs in a restricted area e.g. aerodrome, mining area, etc., the Fund shall not compensate.
Under the 2007 Act, medical and rehabilitation compensation for visitors to Botswana shall only be availed whilst one is within the country. Illegal immigrants are not covered.
Loss of Earnings and Loss of Support is not payable to visitors or their dependents.
- Negligent party’s claim limited to medical assistance of up to P300 000 and or until stabilization is achieved whichever occurs first.
- Drivers loss of income is reduced by 50% if alcohol level exceeds prescribed limit.
- Loss of income of a passenger who was aware of driver’s drunken state is reduced by 50%
- Loss of income is reduced by 25% if seatbelt was not used, or if not seated in or on a seat specifically designed for, or affixed permanently to, the vehicle or at the time of accident was not wearing a safety helmet on a motorcycle
- Loss of income reduced by 50% for driver of an unlawfully possessed or used motor vehicle, or a detective vehicle, irrespective of whether such unlawful acts contributed to the accident.
The Fund has the right to sue for recovery of benefits paid in the case of people who cause the accident under the following conditions:
- Drunken drivers
- Reckless drivers
- Unlicensed drivers
- Drivers of defective vehicles-defect being the cause of the accident
- Drivers of stolen vehicles-knowingly
- Owners who permitted drunken, reckless or unlicensed drivers
- Foreign vehicle drivers who have not paid for third-party insurance cover on entering Botswana.
Road safety is everyone’s responsibility. Be a responsible road user!!!