Insurance Regulator Speaks on Accident Claims After Curfew Hours

  • A police vehicle involved in an accident
    A file image of a police vehicle involved in an accident in 2019.
    File
  • The Insurance Regulatory Authority (IRA) has countered motor vehicle insurance companies' directive that they would reject insurance claims for accidents that happen during curfew hours.

    According to IRA Commissioner of Insurance and CEO Godfrey Kiptum, all companies transacting motor vehicle insurance must adhere to the standardized contract documents that came into effect on 1st February 2012.

    “As per the approved and standardized motor insurance policy documents, driving past and during curfew hours is not an exclusion in the current motor vehicle insurance covers. As such, insurance companies cannot reject motor vehicle claims on the basis of timing,” IRA stated in a statement on Wednesday, March 31.

    The female officer helping out a mother during the enforcement of the dusk to dawn curfew on March 28, 2020.
    The female officer helping out a mother during the enforcement of the dusk to dawn curfew on March 28, 2020.
    File

    This comes after the Association of Kenya Professional Insurance Agents (AKPIA) issued a statement warning motorists that their insurance claims would not be valid in case an accident occurred past curfew hours.

    "Insurance Companies/Agencies/Brokers would like to inform you that driving past curfew hours without essential services authorization or valid emergency reasons could render your motor insurance claim invalid,” read the notice published on March 28.

    The association further emphasized that motorists should avoid driving past 8pm unless they had been exempted from the curfew rules failure to which they would face consequences.

    IRA, however, said that it had not received any official notification by any insurer to twist the terms and conditions of motor insurance contract documents to include curfew requirements.

    "Insurance policies have exclusions but curfew hours is not one of them. However, citizens are encouraged to follow the Covid-19 guidelines as directed by GOK and MOH," stated Kiptum.

    The insurance regulator also warned insurance companies against enforcing Covid-19 containment measures as they were not under such authority.

    Kenyan motorists were further advised to observe the containment measures issued by the government to curb the spread of Covid-19 even though claims incurred during curfew hours were payable.

    President Kenyatta on March 26, extended curfew hours for Nairobi, Kajiado, Machakos, Kiambu and Nakuru counties, from 8pm and end at 4am terming them as Covid-19 hotspots.

    President Uhuru Kenyatta receiving Covid-19 vaccine on March 26, 2021 at State House, Nairobi.
    President Uhuru Kenyatta receiving the AstraZeneca Covid-19 vaccine on March 26, 2021 at State House, Nairobi.
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