This post shared on Whatsapp has also been shared severally on other platforms (e.g. Twitter – see here, and here).
It claims that driving past curfew hours could have your motor insurance claim rejected by the insurer if you don’t have authorization or valid emergency reasons.
This particular tweet was shared by the Association of Kenya Professional Insurance Agents (AKPIA) with the same claims.
*IMPORTANT INSURANCE INDUSTRY NOTICE*
*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*
*Please AVOID DRIVING PAST pic.twitter.com/J4Gx8WPitH
— Akpia (@akpiakenya) March 28, 2021
In this article, Piga Firmbi runs a check and breaks down information regarding these claims.
Background
The updated motor vehicle insurance act came to effect in February 2012 with guidelines governing all insurance companies offering this cover. These insurance companies are regulated and supervised by the Insurance Regulatory Authority (IRA), a statutory government agency.
Driving without motor vehicle insurance is considered illegal in Kenya. This type of insurance covers the owner of the vehicle, the vehicle and motorists against liability in case of an accident.
Kenya now faces its second week since COVID-19 restrictions were re-imposed by the government which also target the road transport sector. In a statement by the president, no road, rail or air transport is permitted in and out of the zoned areas. Additionally, the curfew now runs between 8 pm and 4 am in Nairobi, Kajiado, Nakuru, Kiambu and Machakos. To operate under these restrictions, one is required to have authorization or valid emergency reasons.
Verification
A tweet by the Insurance Regulatory Authority states that insurance policies have exclusions but curfew hours is not one of them.
In a detailed document shared by the insurance industry regulator, all motor vehicle companies are required to adhere to the standardized contract that was set up in February 2012. The decision to standardize this contract was made to protect policyholders and stakeholders to promote consumer confidence and increasing insurance penetration.
Commissioner of Insurance & CEO of IRA Mr. Kiptum will this morning issue an official statement addressing the recent comments regarding validity and scope of motor vehicle cover during covid-19 period specifically touching on driving past curfew hours.#MotorInsurancePastCurfew
— IRA Kenya (@ira_kenya) March 31, 2021
In addition to the statement by the IRA, follow up communication by the Association of Kenya Insurers further clarifies that “any motor insurance claim that arises during curfew hours cannot be dismissed on the basis of the time of the accident…”
MOTOR INSURANCE CLAIMS AND CURFEW HOURS
1. Any motor insurance claim that arises during curfew hours cannot be dismissed on the basis of the time of accident. If you violate curfew hours, then the Police will charge you with that violation.
— AKI (@AKI_Kenya) March 30, 2021
In instances where insurance claims are denied by the insurer on the basis of time, policyholders are advised to reach out to the IRA.
Verdict
Claims that your motor insurance claim can be rendered invalid based on the set curfew hours are MISLEADING.
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