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June 8, 2025 at 06:58 PM
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*Free Emergency Medical Care for Road Accident Victims*
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By Debra Matabvu, Sunday Mail - ROAD ACCIDENT victims will receive emergency medical care at crash scenes and be evacuated to hospitals for further treatment free of charge under a proposed law aimed at overhauling the country’s post-accident response system.
Through the proposed Road Accident Fund Bill, whose principles were approved by Cabinet last week, the Government plans to introduce a comprehensive road emergency support framework covering medical expenses at State hospitals, evacuation from crash scenes and funeral costs in the event of death at no cost to the victims or their families.
The proposed law will establish a Road Accident Fund (RAF), which will be financed primarily through the redirection of 20 percent of premiums paid by motorists to insurers for third-party vehicle insurance to the kitty.
Last year, motor vehicle insurance generated just over ZiG2 billion and US$112 million in revenue for local insurers.
Treasury will also make additional contributions.
It is envisaged that an overhaul of the post-crash response system, which has long been criticised for being inadequate and slow, will help save thousands of victims of road accidents.
Currently, many accident victims fail to receive timely medical attention because emergency medical service providers demand upfront payment guarantees before offering help to those involved in road accidents.
As a result, numerous lives are lost or permanently affected during the critical “golden hour” — the first hour after a traumatic injury, when prompt treatment offers the highest chance of survival.
Also, the compulsory third-party vehicle insurance scheme requires fault to be determined by the courts before any compensation is paid, creating costly delays in providing urgent medical attention.
The authorities have established that emergency service providers are often reluctant to act without assurance of payment, as there is no clear mechanism for covering their costs under the current system.
According to the memorandum of principles for the Road Accident Fund Bill presented to the Cabinet Committee on Legislation by Transport and Infrastructural Development Minister Felix Mhona, the current framework is “weak and virtually non-existent”.
The memorandum states that, under existing insurance packages, there is no provision for the immediate evacuation of accident survivors or the timely disbursement of funds to cover medical treatment.
“Within the inadequate existing insurance cover packages, there is no provision for the immediate evacuation of accident survivors to medical facilities,” reads the memorandum.
“Further, in all cases, fault-based liability has to be determined first, before any payout is made.
“Emergency services are generally reluctant to provide medical services where there is no guarantee for payment because there is no clear mechanism for payment for the provision of emergency services.
“In light of the past major accidents, some of which were declared National Disasters, and failure by emergency services to respond within the ‘golden hour’, there is need to review the effectiveness of the compulsory third-party insurance with a view to improve emergency responsiveness to RTAs (road traffic accidents).”
The memorandum states that the liability cover offered by insurers presently is not adequate to cover medical and funeral expenses.
“Since this cover is fault-based, the challenge is that recourse is only possible after a court verdict, which invariably is a protracted process, especially in the absence of courts of law that are dedicated to preside over road crash matters,” it reads.
The proposed RAF will offer immediate assistance to victims, covering medical and funeral expenses.
“The proposed Road Accident Fund will provide immediate recourse to medical, funeral expenses and enhance the capacity of emergency service providers and medical institutions to effectively respond to road crashes in order to save lives.
“Therefore, the proposed RAF has to fill this gap to ensure crash survivors receive medical attention on the scene of the crash and are then evacuated to medical facilities for further treatment and care.”
Crucially, the new compensation model will be based on a no-fault system.
This means victims will receive medical and funeral benefits regardless of who is at fault in the crash, although the extent of the coverage may still be influenced by the eventual fault determination.
“The system of compensation managed by the fund shall be based on a no-fault system,” reads the memorandum.
“No-fault claim system simply means that, after an accident, a claimant receives benefit regardless of who is at fault.
“However, the extent of the coverage will still depend on the fault determination.
“This will allow beneficiaries to access coverage and benefits in a timely manner after a vehicle accident.”
While the RAF will also provide compensation for bodily injuries or death, it will not cover property damage, such as to vehicles or goods being transported.
“The fund will be liable only to pay compensation for loss or damage suffered as a result of bodily injury or death.
“The effect of this is that the fund does not pay for any loss or damage to property, such as damage to motor vehicles, goods conveyed in a vehicle or such class of loss.
“The fund shall be liable for funeral expenses limited to only the necessary actual costs related to burial and/or cremation.”
To finance the proposed fund, a portion of existing third-party insurance premiums will be redirected towards RAF.
Currently, the third-party motor vehicle insurance contributions are distributed as follows: 12,5 percent goes to brokers; 12 percent to the Traffic Safety Council of Zimbabwe (TSCZ); 5 percent is collected as stamp duty; 1,2 percent goes to the Insurance and Pensions Commission (IPEC); and the remaining 69,3 percent is retained by insurance companies to settle claims.
Under the new proposal, 20 percent of the money retained by insurers will be allocated to the RAF.
“The insurance industry will remain with 49,3 percent for claims,” it reads.
“The 20 percent proposed for the Road Accident Fund shall be reviewed from time to time by way of regulations by the responsible minister in consultation with the minister responsible for finance.”
According to IPEC, motor vehicle insurance generated just over ZiG2 billion and US$112 million in revenue for local insurers in 2024, making up 44 percent of all short-term insurance income — significantly higher than fire insurance, which contributed 15 percent.
Saving lives
TSCZ managing director Mr Munesu Munodawafa said the proposed law is a long-overdue intervention that will save many lives.
“We are elated about Cabinet approving principles of the Bill,” he said.
“It is a Bill that we had been working on for quite some time with the guidance of the Ministry of Transport and Infrastructural Development.
“It falls under the fifth pillar of the UN’s Global Plan for the Decade of Action for Road Safety and this has been a missing link.
“Under the current framework, emergency responders were reluctant to offer services because they were not sure if they were going to be paid.
“On the other hand, third-party insurers would only pay out after fault had been determined, meaning victims would not receive timeous medical attention.”
The fund, Mr Munodawafa said, is a masterstroke that would aid in saving people’s lives.
“The first hour after one is involved in an accident is the most critical one,” he added.
“We call it the ‘golden hour’ and once the law is enacted, it will ensure that road traffic accident victims get the assistance they require on time.
“In addition, hospitals were reluctant to offer services to road traffic accident victims not on medical aid. So, we are elated about this new development, which we believe will save lives.”
Data from the TSCZ shows that between January and September 2024, Zimbabwe recorded 39 461 road traffic accidents — up from 36 628 over the same period in 2023.
A total of 1 532 people were killed during that period, compared to 1 373 the previous year.
Injuries also increased from 6 789 to 7 438.
According to the 2022 Road Safety Performance Review Report sponsored by the Office of the United Nations Special Envoy for Road Safety, a road accident occurs every 15 minutes in Zimbabwe, while an average of five people are killed on the roads every day.
Road accidents claim over 1 800 people annually, while over 10 000 people are injured every year. Sunday Mail
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