Photo: CNJerem, Wikimedia Commons, CC BY 4.0MVA Fund Botswana
Who is covered and how to claim after a road crash
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Who the MVA Fund covers
"Any person injured in a road crash within the borders of Botswana is eligible to be covered" (MVA Fund, who is covered). The 2007 Act introduced a hybrid of fault and no-fault compensation: victims are covered whoever caused the crash, and the negligent party gets limited cover (MVA Fund profile).
The Fund is paid for at the pump: section 17 of the Act has a levy retained on every litre of petrol and diesel sold or imported and paid over to the Fund. Drivers do not buy a policy for this cover.
What the MVA Fund pays, and the limits
The Fund compensates medical expenses and rehabilitation, funeral expenses, loss of earnings, loss of support and incidental expenses such as transport and accommodation while seeking treatment (exclusions page).
| Benefit | Limit | Source |
|---|---|---|
| All benefits together, per injured person (medical, loss of income, incidentals, funeral) | P1,000,000 | Regulation 15(1), S.I. 144 of 2022 |
| A negligent party: medical attention and rehabilitation only | P300,000 | Regulation 15(2), S.I. 144 of 2022 |
| Loss of income | Worked out on a monthly income of at most P6,000; the Fund gives P300,000 as the maximum | Regulation 11(4), S.I. 144 of 2022; MVA Fund FAQ |
| Loss of support, per dependant | P300,000 in total, on a monthly payment of at most P6,000 | S.I. 145 of 2022, paragraph 2 |
| Funeral expenses | P7,500 | MVA Fund check list |
Sources: Motor Vehicle Accident Fund (Amendment) Regulations, 2022 and Benefits for Loss of Support Order, 2022; MVA Fund check list; FAQ.
If you have medical aid, it pays first: "The Medical aid is your primary health insurer and the Fund is secondary", and the Fund pays your co-payment. When your medical aid limit is exhausted, the Fund covers 100% against a letter of exhaustion from the medical aid (FAQ).
Exclusions and reductions
- Not covered: shock or trauma of people who only witness or hear of a crash, loss of business profits or investments, fraudulent claims, crashes in restricted areas such as an aerodrome or a mining area, and illegal immigrants.
- A driver's loss of income is cut by 50% when the alcohol level exceeded the legal limit; so is the loss of income of a passenger who knew the driver was drunk.
- Loss of income is cut by 25% when the person did not wear a seatbelt, was not on a proper seat, or rode a motorcycle without a helmet.
Source: MVA Fund, exclusions. The Fund may also recover what it paid from a person who caused the crash while drunk or drugged, driving recklessly, without a valid licence, in a defective vehicle that caused the crash or in a vehicle known to be stolen, and from an owner who allowed such driving (section 30 as substituted by the Amendment Act 2021).
Deadline: five years from the crash
The Motor Vehicle Accident Fund (Amendment) Act No. 13 of 2021 replaced "three years" with "five years" in section 29 of the Act (Amendment Act, section 9). It came into force on 1 December 2022 (Botswana Laws). Prescription does not apply to minors and to persons suffering from mental disorders (claims procedure).
Work out the dates with the MVA claim deadline calculator.
How to claim
- Get Claim Form B from an MVA Fund office, a major police station, a hospital or a selected post office, or download it from the Fund's downloads page.
- Have the medical form completed by a doctor who treated the injured person, and gather the police report, police statements and sketch plan, proof of medical expenses, proof of earnings and a certified copy of the identity document (passport and residence or work permit for a non-citizen) (check list).
- Hand the claim in at an MVA Fund office or send it by post; you receive a letter with your claim number. Claim assessors may ask for more information or a medical examination (claims procedure).
The claim is made by the injured adult, by a parent or guardian when the claimant is under 21, by a curator, or through a lawyer (claims procedure). The Fund's check list gives its processing times: 1 day for an emergency medical undertaking (5 to 10 days otherwise), 8 working hours for funeral expenses, 6 weeks for loss of earnings and 2 months for loss of support.
Gaborone office: 3rd Floor, MVA Fund House, Plot 50367 Fairgrounds Office Park, (+267) 318 8533 / 360 0100, gaborone@mvafund.bw. Other offices in Francistown, Selebi Phikwe, Maun, Kang and Palapye (contact).
Visitors and non-citizens
A visitor injured in Botswana gets only medical and rehabilitation benefits, and only while in Botswana; they stop when the visitor leaves the country. A non-citizen with a work or residence permit gets medical, rehabilitation and funeral benefits up to the remaining validity of the permit, and loss of income and support up to the validity of the work permit (section 23 as amended by the Amendment Act 2021).
Drivers of foreign-registered vehicles pay a levy at the border: see travel insurance.
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Frequently asked questions
How long do I have to claim from the MVA Fund in Botswana?
Five years from the date of the crash, since the Amendment Act 2021 came into force on 1 December 2022 (it replaced three years in section 29). Prescription does not apply to minors and persons suffering from mental disorders. Lodge as early as you can.
How much does the MVA Fund pay?
All benefits together are capped at P1,000,000 per injured person. A negligent party gets medical treatment and rehabilitation only, up to P300,000. Funeral expenses are paid up to P7,500 and loss of support up to P300,000 per dependant.
Does the MVA Fund pay for my car?
No. The Fund pays for injury and death only; it is not liable for damaged property.
Does the MVA Fund cover me if I have medical aid?
Yes. Your medical aid pays first and the Fund pays your co-payment; if your medical aid limit is exhausted, the Fund covers 100% against a letter of exhaustion.
What is the MVA Fund's toll-free number?
0800 600 739. The Gaborone office is on (+267) 318 8533 / 360 0100.
Sources
- MVA Fund Botswana — Who is covered (P1,000,000 cap, P300,000 for a negligent party, visitors, foreign vehicles)
- MVA Fund Botswana — Exclusions and reductions
- MVA Fund Botswana — Claims procedure: who can claim, Claim Form B, documents
- MVA Fund Botswana — Check list: documents to lodge a claim, processing times, funeral expenses maximum P7,500
- MVA Fund Botswana — Frequently asked questions (medical aid first, loss of income limit, property not covered)
- MVA Fund Botswana — Contact us: Gaborone, Francistown, Selebi Phikwe, Maun, Kang and Palapye offices
- MVA Fund Botswana — Our profile: history from the Motor Vehicle Insurance Fund (1986) to the hybrid system of the 2007 Act
- MVA Fund Botswana — Downloads: Acts and regulations, claim forms, annual reports
- Motor Vehicle Accident Fund Act No. 15 of 2007 (Cap. 69:02), section 17: fuel levy — MVA Fund copy
- Motor Vehicle Accident Fund (Amendment) Act No. 13 of 2021 (sections 22, 23, 29 and 30) — MVA Fund copy
- Botswana Laws — Act 13 of 2021, Motor Vehicle Accident Fund (Amendment) Act: date of commencement 1 December 2022
- Motor Vehicle Accident Fund (Amendment) Regulations, 2022 (S.I. 144 of 2022: foreign vehicle levy, P1,000,000 and P300,000 caps) and Benefits for Loss of Support Order (S.I. 145 of 2022) — MVA Fund copy