Road accident claim in Zambia — driver's insurer

Short answerChecked 31 October 2026

Zambia has no road accident fund: injuries and deaths caused by a vehicle are paid by the vehicle's compulsory third-party insurer. Under section 90 of the Road Traffic Act 2002, the injured person, or the dependants of a person killed, may claim directly from the insurer up to the amount of the policy, and the right to do so ends three years after the cause of action arose. When the insurer pays for an injury, it must also pay the hospital that treated the victim (section 93). NHIMA does not pay for road injuries that motor insurance covers.

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Answers come from the law, the regulator and the insurers' own documents, with the source under each answer. General information, not advice.

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On this page · 5 sections

Your right to claim directly
What to do
Hospital bills and NHIMA
FAQ
Sources

Your right to claim directly

Rule	Road Traffic Act 2002
Claim directly from the insurer, up to the amount covered by the policy	Section 90(1)
Deadline: the direct claim ends three years after the cause of action arose (court proceedings started within that time continue)	Section 90(1), provisos (ii) and (iii)
Conditions in the policy that restrict cover do not apply against you	Section 90(2) and 91(1)
The insurer also pays the hospital's reasonable treatment costs	Section 93
Minimum cover: 166,700 fee units per person, 333,350 per accident	Section 88

Text: Road Traffic Act No. 11 of 2002.

What to do

Report the accident to the police at once. A driver involved in an accident with injury must report it within 24 hours if he did not produce his certificate of insurance at the scene (section 95(2)).
Get the vehicle's registration number and the insurer's name from the insurance disc.
Keep the police accident report and the medical or hospital report: the PIA says both are needed for a claim (PIA FAQ).
Write to the insurer with these documents and your receipts, and keep copies.
If the insurer delays or refuses, complain to the PIA (complaints). A claims agent who handles claims for a fee must hold a PIA licence; the 2026 list names five (PIA list).

Hospital bills and NHIMA

The NHIMA benefit package excludes "medical treatment of motor vehicle accident injuries covered by other insurance/funds arrangements, such as motor vehicle insurance" (Fourth Schedule, SI 63 of 2019). Section 93 of the Road Traffic Act puts the hospital costs on the vehicle's insurer.

If you were injured on your way to or from work, or at work, the Workers' Compensation Fund may also apply: see workers' compensation.

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Next step

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Frequently asked questions

How long do I have to claim after a road accident in Zambia?

The right to claim directly from the driver's insurer ends three years after the cause of action arose (Road Traffic Act 2002, section 90). Start early: the insurer needs the police and medical reports.

Is there a road accident fund in Zambia?

No. Injuries and deaths caused by vehicles are paid by the vehicle's compulsory third-party insurer.

Who pays the hospital after a road accident?

When the insurer pays a claim for injury or death, it must also pay the hospital's reasonable treatment costs (section 93). NHIMA excludes road injuries covered by motor insurance.