Motor Vehicle Accident Fund Regulations, 2008


Coat of Arms
Motor Vehicle Accident Fund Act, 2007

Motor Vehicle Accident Fund Regulations, 2008

Government Notice 104 of 2008

  • Published in Government Gazette 4040 on 2 May 2008
  • Commenced on 2 May 2008
  • [This is the version of this document at 15 November 2017.]
  • [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
The Government Notice which publishes these regulations notes that they were made on the recommendation of the Board of the Motor Vehicle Accident Fund. This Government Notice also repeals GN 208/2001 (GG 2627) and GN 5/2003 (GG 2893). These previous regulations were issued in terms of the Motor Vehicle Accidents Fund Act 4 of 2001. There was no savings clause in the Motor Vehicle Accident Fund Act 10 of 2007 giving them continued applicability.

1. Definitions

In these regulations a word or expression defined in the Act has that meaning, and unless the context otherwise indicates-authorised agent” means a person who has been duly authorized by the Fund in terms of an agency agreement to provide services on behalf of the Fund;the Act” means the Motor Vehicle Accident Fund Act, 2007 (Act No. 10 of 2007).

2. Procedure for making claims

(1)A person who wants to claim benefits under section 28 of the Act must complete form MVAF 1 and submit it to the Fund in accordance with that section.
(2)A claim under subregulation (1) must be accompanied by the documents and information stipulated in the claim form.
(3)Where the claimant, on account of injury or other incapacity, is unable to complete the claim form, it may be completed-
(a)in the case of a minor, by his or her legal guardian; or
(b)in the case of a person for whom a curator has been appointed, by the curator of such person.
(4)A claim under subregulation (1) must be accompanied by a police report on form MVAF 1, and that report must-
(a)be completed by the police officer or the official of the Fund, who attended the scene of the motor vehicle accident; or
(b)be completed by the investigating officer who investigated the case;
(c)if the officials referred to in paragraph (a) and (b) fail to complete the report within a reasonable time after being requested, and it appears that the claim may become prescribed in terms of the Act, be completed by a police officer who has acquainted himself or herself with the contents of the docket.
(5)A claim under subregulation (1) must be accompanied by a medical report on form MVAF 1, and that report must-
(a)be completed by the medical practitioner who treated the injured person or the deceased for the injuries which gave rise to the claim;
(b)be completed by-
(i)the medical superintendent or a representative of the medical superintendent; or
(ii)a person in charge of the hospital or health facility where the injured or deceased was treated for the injuries which gave rise to the claim;
(c)be completed by a medical practitioner who has acquainted himself or herself with the cause of death or the nature of the injuries and the treatment or other medical services given to the deceased or injured person, if the medical practitioner referred to in paragraph (a) or the medical superintendent or the other person referred to in paragraph (b) fails to complete the report within a reasonable time after being requested and it appears that the claim may become prescribed in terms of the Act.
(6)Where a person in relation to whom a claim is made under the Act died prior to receiving treatment, the claimant is not obliged to produce the medical report referred to in subregulation (2), but the claim must be accompanied by-
(a)a copy of the inquest proceedings, if an inquest was held;
(b)a copy of the charge sheet pertaining to the motor vehicle accident, if any person was charged in respect of the accident; and
(c)any other information which the Fund considers relevant to the cause of death.
(7)The Fund is not liable to reimburse the costs of a report commissioned by a claimant and compiled by an expert for the purposes of substantiating a claim, unless the claimant has prior approval of the Fund, in which case the Fund must reimburse the costs involved in accordance with a tariff communicated to the claimant prior to commissioning the report.
(8)On receipt of a claim made under this regulation, the Fund may-
(a)allow the claim, and in writing inform the claimant or the person referred to in subregulation (3) of its decision;
(b)allow part of the claim, and in writing inform the claimant or the person referred to in subregulation (3) of its decision; or
(c)repudiate the claim, and in writing inform the claimant or the person referred to in subregulation (3) of its decision and the reasons for the decision.

3. Claim by service provider

A person or entity claiming payment for goods or services provided to a person entitled to benefits in terms section 24(3) of the Act, must do so by submitting a duly completed form MVAF 2 with such supporting documentation as is required in terms thereof.

4. Delivery of documents

(1)Whenever a document requires delivery in terms of these regulations, it must be delivered by registered mail, electronic mail or facsimile or to the recipient personally by a staff member of the Fund or authorised agent.
(2)Whenever a document, other than a claim form with the attachments thereto, requires submission to the Fund or authorised agent in terms of these regulations, it must be delivered by registered mail, electronic mail or facsimile or delivered by hand at the Head Office or branch office of the Fund or authorised agent’s office.
(3)Whenever a claim form, together with the attachments thereto, requires submission to the Fund or its duly authorised agent in terms of these regulations it must be delivered by registered mail or hand delivered at the Head Office or branch office of the Fund or authorised agent’s office.

5. Notice of accident by driver or owner

Whenever a driver or owner notifies the Fund of a motor vehicle accident in accordance with section 30 of the Act, he or she must do so by duly completing a notice of accident on form MVAF 3 and deliver it to the Fund.

6. Determination to award benefits

(1)Whenever the Fund makes a determination to award a benefit, it must communicate its determination by delivery of a notice to the claimant.
(2)The notice must indicate-
(a)the section of the Act under which the benefit is awarded;
(b)the nature of the benefit;
(c)the amount or value of the benefit;
(d)that the claimant has a right to make amendments to any treatment, rehabilitation of life enhancement plan awarded as a benefit subject to any increase in costs being for the claimant’s account in accordance with section 25(7) of the Act; and
(e)such other details as to fully inform the claimant of the award.
(3)Where an award is an undertaking to provide payment for future medical treatment, rehabilitation or life enhancement assistance, a written plan of the benefit must be annexed and must indicate-
(a)the nature and extent of future medical treatment, rehabilitation programs and goods and services to be provided; and
(b)the dates on which the claimant must be re-assessed in terms of section 25(6) of the Act.
(4)The Fund has access to all records of treatment and medical reports on the condition of a claimant under a treatment, rehabilitation or life enhancement plan.
(5)Where the Fund has a claimant reassessed in terms of section 25(6) of the Act it must communicate its determination by delivery of a notice to the claimant, which notice must contain information referred to in subregulation (3).
(6)Where the claimant is dissatisfied with the determination referred to in subregulation (5), subregulation (8) applies.
(7)Where an award is a funeral benefit in terms of section 25(1)(h) of the Act, it is paid in an amount of $N 7 000 without requiring proof of the actual costs incurred, and the person who may claim the benefit must be a spouse, child, parent or sibling of the deceased, or executor of the deceased estate, and such claim is made on form MVAF 4.
(8)Where a claimant responds to a notice of award by indicating that he or she is dissatisfied with the award, the Fund must deliver a Notice of Dissatisfaction, form MVAF 5, to such claimant for completion by the claimant and draw his or her attention to sections 25(8) and 32(5) and (6) of the Act.
(9)Where the Fund makes an award that is subject to the limitation set in section 27(1)(g), the Fund must implement the award until such time as the value of any other benefit receivable has been established and must then cease or reduce payment of the benefit if this is necessary to give full effect to the limitation.

7. Injury Grant

(1)A cash grant as compensation for injury awarded in terms of section 25(1)(c) of the Act must be calculated in terms of the Compensation for Injury Guide in Annexure B.
(2)In determining the amounts payable in terms of the Compensation for Injury Guide in Annexure B, the Minister must be satisfied that they are fair, reasonable and just having regard to the overall circumstances of Namibians and the resources of the Fund.
(3)Where an injury, including consequence of injury, is not specifically listed in the Compensation for Injury Guide the award must be that which reasonably equates to an injury or combination of injuries as listed in the Compensation for Injury Guide in Annexure B.

8. Medical costs

(1)Reimbursement and disbursement of and payment for the costs of medical treatment, rehabilitation and life enhancement assistance in terms of section 25(1)(d)(e)(f)(g) and (i) of the Act are made in accordance with the hospital and treatment tariffs as agreed between service providers and the Fund.[There should be commas separating the paragraph references in the cross-reference: “section 25(1)(d), (e), (f), (g) and (i)”.]
(2)The tariff is applicable to all procedures, whether or not the procedure is done outside the borders of Namibia, unless the procedure is not available in Namibia in which event the total cost of the procedure is paid by the Fund subject to the limitation set out in section 24(4)(a) of the Act.

9. Reports

For purposes of keeping proper records of the Fund, the Chief Executive Officer of the Fund must complete or cause to be completed a report that includes-
(a)the type of injuries sustained in motor vehicle accidents;
(b)the number of injured persons treated;
(c)the average cost of treating each type of injury;
(d)recovery periods for each type of injury;
(e)the number of rehabilitated and unrehabilitated persons resulting from motor vehicle accidents;
(f)the number of permanently disabled patients resulting from motor vehicle accidents;
(g)the geographical, age, sex and time of day distribution of motor vehicle accidents; and
(h)the causes of motor vehicle accidents.

ANNEXURE A

FORMS

FormTitleSectionRegulation
MVAF 1Claim for Benefits24 and 252
MVAF 2Claim by Service Provider24(3)3
MVAF 3Notice of Accident305
MVAF 4Claim for Funeral Grant256
MVAF 5Notice of Dissatisfaction32(6)6
[Editorial note: The forms have not been reproduced]

ANNEXURE B

Motor Vehicle Accident Fund Act (Act No. 10 of 2007), Section 25(1)(c), Regulation 7

COMPENSATION FOR INJURY GUIDE[Capitalisation throughout the Table is reproduced as it appears in the Government Gazette.]
QUANTUM LIST FOR INJURY PROFILING IN NAMIBIACODEMINOR + MINOR WITH AFTER EFFECTSCODEMODERATE + MODERATE WITH AFTER EFFECTSCODESEVERE + SEVERE WITH AFTER EFFECTS
HEAD INJURIES
1. FRACTURES
Skull Base11018470120110890130112100
Parietal and/or Frontal Bones110272601202847013029680
Malor/Zygoma110342351203605013036050
Nose1104181512048470130410890
Orbital/peri-orbital1105121012054840130512100
Maxilla1106484012067260130612100
Mandible1107242012074840130710890
Tooth11086051208181513083025
2. DISLOCATIONS
Mandible210112102201363023016050
3. DISLOCATION & FRACTURES
Mandible3101302532014840330110890
4. AMPUTATION
Tooth41016054201121043013025
5. HAEMORRHAGE
Subdural51017260520118150530196800
Brain51027260520218150530296800
Epistaxis51035505203110053031650
6. SOFT TISSUE INJURIES
Bruising61016056201121063012420
Abrasions610260562021210630230250
Lacerations small/minor– no stitches required61036056203363063036050
Degloving of scalp6104242062046050630430250
Contusion/concussion610524206205363063056050
Removal of foreign bodies610612106206242063063630
7. PAIN      
No other injury7101665.572011996.573013327.5
Permanent (other injuries recovered fully)71023327.57202399373026655
Central Nervous System
1. PAIN
No other injury71196057219181573193025
Permanent (other injuries recovered fully)712030257220423573206050
2. LOSS OF SENSES
Impairment of vision91011-33%920134-66%930167-100%
Loss of one eye9102731509202 9302 
Total loss of visual field91031100009203 9303 
Impairment of hearing91041-33%920434-66%930467-100%
Loss of hearing in one ear9105 9205 930533000
Total loss of hearing9106 9206 930650000
Loss of olfactory sense9107605092079680930711000
Hemi paresis9108 9208 930849500
Paraplegia9109 9209 9309110000
Quadriplegia9110 9210 9310110000
Brain damage9111 9211 9311110000
Post traumatic stress syndrome911218150921230250931233000
Anxiety attacks/reactive depression91136050921312100931318150
Epileptic post traumatic911430250921442350931460500
Major depression911518150921530250931533000
SPINAL CORD
1. FRACTURES
Cervical vertebrae11098470120925410130948400
Thorax/ Back11104840121012100131048400
Dorsal/and or lumbar vertebrae11119680121121780131136300
Coccyx1112242012124840131210890
2. DISLOCATIONS
Neck (whiplash)21023630220212100230230250
Back 21039680220318150230336300
3. DISLOCATION & FRACTURES
Neck 310219965320233275330259895
Back310319965320333275330359895
4. AMPUTATION
coccyx4102665542029317430211979
5. HAEMORRHAGE
Muscle5104121052042420530412100
Epidural5105484052058470530512100
6. SOFT TISSUE INJURIES
Bruising61076056207121063072420
Abrasions61086056208121063082420
Lacerations small/minor– no stitches required61096056209363063096050
Laceration major/large– stitches required611018156210363063106050
Contusion61116056211121063113025
Contractures6112605062129680631212100
7. PAIN      
No other injury71036057203181573033025
Permanent (other injuries recovered fully)710430257204363073046050
UPPER EXTREMITIES
1. FRACTURES
Clavicle111348401213847013139680
Scapula1114 48401214847013149680
Humerus1115 4840121512100131536300
Radius11164840121610890131621780
Ulna11174840121710890131721780
Radius and Ulna11187260121818150131830250
Olecranon (elbow)111972601219181501319 30250
Wrist1120423512209680132012100
Metacarpal112124201221363013214235
Finger112218151222363013224840
Thumb11233630122312100132318150
2. DISLOCATIONS
Shoulder21047260220414520230416940
Elbow21057260220512100230524200
Wrist21064840220610890230616940
Fingers21079682207181523072420
3. DISLOCATION & FRACTURES
Shoulder31048470320414520330436300
Elbow310510890320514520330530250
Wrist31066050320612100330618150
Fingers310718153207302533073630
4. AMPUTATION
Finger41038470420312100430318150
Thumb410414520420418150430424200
Other fingers410548404205726043059680
Below elbow410648400420648400430648400
Above elbow410760500420760500430760500
5. HAEMORRHAGE
Muscle5106121052066050530618150
Nails510724252076055307968
6. SOFT TISSUE INJURIES
Bruising61136056213121063132420
Abrasions61146056214110063142420
Lacerations small/minor– no stitches required61156056215363063156050
Lacerations large/major– stitches required611624206216363063166050
Contractures6117605062179680631712100
7. PAIN
No other injury71056057205181573053025
Permanent (other injuries recovered fully)710630257206423573066050
Chest and Chest Cavity
1. FRACTURES
Sternum 1124605012249680132412100
Rib1125181512256050132510890
2. HAEMORRHAGE
Pleura51086050520810890530822990
Haemothorax51098470520910890530930250
3. SOFT TISSUE INJURIES
Pneumothorax6118605062189680631818150
Bruising61196056219121063192420
Abrasions61206056220121063202420
Lacerations small/minor– no stitches required61216056221363063216050
Lacerations large/major– stitches required612218156222363063226050
Contusion61236056223121063233025
4. PAIN
No other injury71076057207181573073025
Permanent (other injuries recovered fully)710830257208423573086050
5. HAEMORRHAGE
Muscle511318155213242053133025
Haemothorax51148470521410890531422990
Pulmonary thrombosis/      
embolism fat embolism511512100521518150531530250
6. AMPUTATION
Lung411148400421148400431148400
7. SOFT TISSUE INJURIES
Lung6135605062359680633512100
Pleura613612100623618150633624200
Diaphragm61379680623714520633719360
Contusion613818156238363063386050
Cardiovascular system
1. HAEMORRHAGE
Anaemia5122605052229075532212100
2. SOFT TISSUE INJURIES
Contusion61514840625110890635133000
Tamponade61527260625218150635233000
Rupture large arteries and veins61537260625318150635333000
Skin (augmentary system)[The other columns in this row are blank in the Gazette.]      
1. SOFT TISSUE INJURIES
No lesion/scar present. No treatment necessary. Little or no limitation exists in the performance of the activities of daily living, although unavoidable contact with specific irritant or allergic sub stances might temporarily increase the extent of limitat[This text is cut off in the Gazette as reproduced above.]6154605625496863541210
Minimal lesion/scar. Minor treatment necessary (creams and ointment).61559686255121063551815
Moderate lesion/scar. Surgical/ chemical treatment is required – may include intermittent courses of parenteral steroids. Limitation of many daily activities.615612106256181563563025
Widespread severe lesions/ scars. Extensive surgical/ chemical treatment is required, It may also include the possibility that no treatment can be given for these lesions/ scars (irreparable). Treatment may require confinement at home or other domicile.615730250625748400635766000
Noticeable scarring, alteration of the shape of the facial features or loss of hair which cannot be replaced without difficulty.615836300625854450635888000
Substantial scarring, burns or alteration of the shape of facial features.615960500625984700635999000
Major disfigurement caused by scarring, burns, etc., which affect or partially obliterate the shape of facial features.616077000626088000636099000
Gross disfigurement with obliteration of features and normal skin appearance due to burns, multiple scars or other causes.6161880006261990006361110000
Reproductive system and abdominal organs
Male reproductive system
1. AMPUTATION
Loss of penis and/or partial loss resulting in impotence411212100421219800431227500
Loss of both testes411324200421336300431344000
Loss of one testicle411412100421418150431422000
2. SOFT TISSUE INJURIES
Urethral stricture or other impairment requiring ongoing treatment616322000626333000636340000
Female reproductive system
3. SOFT TISSUE INJURIES
Sterility due to traumatic causes, including radiation and exposure to toxic chemicals616418150626424200636427500
Injuries to the urinary bladder61656050626524200636588000
Hysterotomy/hysterectomy/ LSCS6166242006266063660
Termination of pregnancy616724200626736300636744000
IUD616824200626836300636844000
Placenta Abruption616924200626936300636944000
Urethral stricture or other impairment requiring ongoing treatment617124200627136300637144000
Direct trauma to vagina and vulva resulting in sexual dysfunction617218150627224200637230250
Abdominal organs      
4. HAEMORRHAGE
Intestines51166050521614520531621780
Liver51177260521712100531724200
Spleen511812100521819250531830250
Kidneys511912100521924200531936300
Peritoneum512012100522024200532036300
Stomach512112100522124200532136300
5. SOFT TISSUE INJURIES
Contusion613918156239363063396050
Kidney transplant614006240605006340110000
Rupture liver61417260624112100634124200
Kidney rupture61426050624212100634218150
Removal kidney614312100624318150634355000
Spleen rupture61446050624412100634418150
Removal spleen614518150624530250634538500
Stomach rupture61466050624612100634618150
Removal stomach614760500624760500634755000
Intestines rupture 61486050624812100634818150
Removal intestines small614918150624930250634942350
Removal intestines large615018150625030250635042350
Oesophagotomy 0 0830155000
Gastrostomy 0 0830255000
Jejunostomy 0 0830355000
Ileostomy 0 0830455000
Tracheostomy 0820527500830555000
Colostomy 0820627500830655000
Pelvis and pelvic area
1. FRACTURES
Iliac, sacrum, pubis, schium114012100124018150134030250
Acetabulum114116940124125410134148400
2. DISLOCATIONS
Iliac, sacrum, pubis, ischium21119680221122990231136300
Acetabulum21129680221222990231236300
3. DISLOCATION & FRACTURES
Iliac/sacrum311114520321126136331142350
Acetabulum311218150321253240331160500
4. HAEMORRHAGE
Muscle5112121052127260531212100
5. SOFT TISSUE INJURIES
Bruising61306056230121063302420
Abrasions61316056231121063312420
Lacerations small/minor– no stitches required61326056232363063326050
Lacerations large/major– stitches required613318156233363063336050
Contusion613418156234363063346050
6. PAIN
No other injury71116057211181573113025
Permanent (other injuries recovered fully)711230257212423573126050
Lower extremities
1. FRACTURES
Femur112610890122618150132636300
Patella11276050122710890132714520
Tibia and fibula112813310122819360132824200
Tibia11298470122912100132919360
Fibula113036301230726013309680
Ankle joint11329680123221780133230250
Achilles tendon11338470123312100133319360
Malleolus medial1134605012349680133414520
Malleolus lateral113536301235726013359680
Heel (calcaneus/talus)11366050123613068133618150
Metatarsus113736301237484013376050
Big toe113818151238363013384840
Other toe(s)11399681239217813393025
2. DISLOCATIONS
Hip21089680220822990230836300
Knee cartilage or ligaments21097260220912100230930250
Ankle21106050221010890231024200
3. DISLOCATION & FRACTURES
Knee310813310320821780330838720
Ankle31099680320914520330930250
Hip311018150321024200331030250
4. AMPUTATION
Big toe410712100420715730430720570
other toe(s)410836304208605043088470
Below knee410960500420960500430960500
Above knee411096800421096800431096800
5. HAEMORRHAGE
Muscle5110242052106050531018150
Knee5111242052116050531118150
6. SOFT TISSUE INJURIES
Bruising61246056224121063242420
Abrasions61256056225121063252420
Lacerations small/minor– no stitches required61266056226363063266050
Lacerations large/major– stitches required612718156227363063276050
Contusion612818156228363063286050
Contractures6129605062299680632912100
7. PAIN
No other injury71096057209181573093025
Permanent (other injuries recovered fully)711030257210423573106050
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History of this document

15 November 2017 this version
Consolidation
02 May 2008

Cited documents 1

Legislation 1
  1. Motor Vehicle Accident Fund Act, 2007

Documents citing this one 0