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Call for compulsory third party insurance grows

28 June 2010 | Non-life | Motor | Gareth Stokes

Minister of transport, S’bu Ndebele, is the latest to add his voice to the ‘viability of short-term insurance: motor’ debate. According to a recent article on Fin24.com, titled Car Insurance may become Mandatory, “government is considering making third party insurance compulsory for all drivers using public roads.” The minister was responding to a Democratic Alliance parliamentary question which raised concerns over the disappointing short-term insurance statistics. Currently 65% of the appromiate 9.5 million vehicles using South Africa’s roads are uninsured. The burden of ‘covering’ these uninsured vehicles is currently carried by a shrinking pool of insured drivers and dwindling margins on short-term insurers’ motor books.

His comment follows hot on the heels of a recent Sake 24 article that suggests certain of the country’s short-term insurers will scrap motor insurance altogether. Insurers have been struggling to turn consistent profit on their motor books for some time now. Their motor business is hampered by increasing accident claims and inflation-plus increases in vehicle repair costs. There are a number of factors contributing to rising accident numbers, including more road users, poor driver education, badly maintained vehicles, the shocking state of the country’s road infrastructure, and a general disregard for traffic law. The reasons for soaring repair costs are more complex, but include motor vehicle manufacturers trying to bolster flagging vehicle sales profits by hiking prices on original equipment spares and accessories.

Easing the insurance burden

Will third party insurance ease the insurers’ burden? Let’s consider an accident involving two motor vehicles. Vehicle A is comprehensively insured by FullComp Insurers, while Vehicle B is uninsured. If Vehicle B causes the accident, FullComp will have to cover the damages to its policyholders’ vehicle before embarking on the near impossible process of claiming damages from Vehicle B’s driver. The situation would have been different if Vehicle B’s driver had taken out third party insurance. This insurance typically covers the accident damage you cause to another vehicle during a motor vehicle accident. If Vehicle B had been insured for third party damages, then FullComp insurers wouldn’t have had to cover the damages to Vehicle A.

Fin24 continued: “Ndebele said [mandatory third party insurance] would require careful consideration of several factors, including the financial status of motor vehicle owners and the present fuel levy system.” The South African Insurance Association (SAIA) is currently exploring ways to improve conditions in the short-term insurance space, with compulsory third party insurance one of many items on their agenda. “We have been working with the RTMC on the issue for a few months already,” said Viviene Pearson, SAIA Manager: Motor. We welcome the minister of transport’s statements and will certainly seek an audience with him to further discuss the matter.

Tough to implement

Although mandatory third party insurance makes sense it’s going to be tough to implement. There have been some suggestions this insurance would be sold alongside the annual vehicle licence. “We are at this stage considering all sorts of options,” said Pearson, “but it’s going to be important to find the most appropriate way to implement the solution to accommodate South Africa’s unique circumstances.” There are a number of country’s worldwide that successfully collect this insurance at the licensing stage. “One of the challenges is ensuring people don’t just get the compulsory insurance at licensing stage, and then let the insurance lapse for the rest of the year,” she said. Perhaps we’ll follow the United Kingdom example and charge an annual insurance premium for third party insurance. Whatever final solution is adopted, you can be sure enforcement will play a big part.

We asked Pearson about the ministers comments that insurance would be charged ‘with due consideration for the financial status of the vehicle owner’. “Insurance premiums are and should be based on risk and cost factors and should be priced as such in order for this type of product to remain sustainable,” said Pearson, “I therefore cannot personally see how one’s financial circumstances can play a role in this.” Commonsense issues of affordability aside, the third party insurance premium would have to be based on factors such as driver age / experience and vehicle type. “The SAIA, with the assistance of an industry actuarial team, is currently busy investigating a potential premium for compulsory third party motor property insurance based on calculations to include all sorts of data,” observed Pearson. These statistics contain detailed information about the total car park, national accident figures and other relevant information.

Another tax on insured drivers

Depending how compulsory third party insurance is implemented it could become an  additional burden to comprehensively insured drivers. The final solution could require all drivers (whether insured or not) to sign up for third party – and then take comprehensive insurance over and above the third party solution. In this case we’d have a two-tier insurance pool, with insurers possibly remiss in passing third party ‘savings’ to their comprehensively insured pool.

“At this stage, anything is possible as we have not yet explored all options, and we are not aware of any firm decisions by the authorities,” said Pearson. “It would make sense to put a system in place that will enable those who only want to have the compulsory third party motor property insurance product to be able to acquire this, and those who wish to include it in their comprehensive motor insurance package to be able to do so.”

Editor’s thoughts: Will South Africa forge ahead with compulsory third party insurance? Given the sorry state of most insurers’ motor books we cannot formulate too many arguments against... The real challenge will therefore be to create an equitable and enforceable third party insurance system. Do you think insurers will pass ‘third party’ savings on to their comprehensively insured clients? Add your comment below, or send it to [email protected]

Comments

Added by Wayne, 29 Jun 2010
Lets keep the government out of offering or controlling this cover - if we don't we will see ever increasing funding requirements that the public will have to pay much as we have seen on the inefficient monopolistic RAF. Rather let conventional insurers offer the cover and allow a free market determine the price through competition. The insurance policy can include a disk for the motor vehicle windscreen and through electronic scanning devices its validity can be determined on a central database. Those caught without the disk (or a false or expired one) will have to pay a large fine (lets say at least that of an average annual TP premium - with no limit on the number of fines one may receive until the cover is bought) and these fines to go into a separate fund for payment of losses caused by uninsured vehicles.
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Added by Pet Beyer, 29 Jun 2010
If done correctly I do not believe it would become a burden for Comprehensively insured clients, as long as the Goverment do not run it. A disc as Wayne suggests would be the best way on control. This would be so awesome if each and every vehicle is insured. It would make the claims recovery department SMILE.
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Added by Willie Louw, 28 Jun 2010
Are the stats as per para. 1 , stating that "only 65% of the 8.5 million vehicles on SA's roads are currently INSURED" correct? The figure of UNINSURED vehicles seem actually LESS than that of insured vehicles.
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Added by Realistic, 28 Jun 2010
Other than by way of an additional levy on fuel (i.e. same basis as the RAF) I cannot envisage how the SA authorities would propose to administer and enforce the sale of compulsory third party cover. However, assuming a way can be found for a person involved in an accident to be forced to complete a claim form and provide a written statement for logging on a national database, there is also the question of the law i.e. especially the application of the Apportionment of Damages Act and the assessment of liability, truth of statements, and verification that quotes for damage are not for pre-exisiting damage etc. The enormity of the exercise, however well-intenioned, is mind-boggling - and where will experienced and competent claims staff be recruited from?
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Added by Marius, 28 Jun 2010
I agree totally with 3rd party insurance. Many moons ago when i starteded driving 3rd party was part of your yearly payments. Other than the Minister of Transport believes it is quite easy to implement. You renew it yearly when you renew the Car lisence. That is how it allways worked and it worked perfectly. The problem that the minister has is that the same amount of vechiles who are not insured are not licenced either because of ineffective trafick control and skelm traffick officers. This is typicly the problem in SA. They want to rectify the problem at the wrong point in stead of starting at root of the problem. If less traffick officers were hiding behind bushes with cameras more would be on the road vto do their jobs
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Added by Kathy, 28 Jun 2010
One of the big problems I see as a short term broker is the expectations that vehicle owners have been given by the direct insurers that your motor vehicle insurance premium should be kept extremely low or you are being robbed. People purchase vehicles in excess of R 400 000 and expect to pay rates as low as 1.2%. They may be considered a low risk taking age, status, experience etc factors in to account by the insurer but they are just as exposed to the risks on the roads from other drivers who are not insured. A small amount of damage to these vehicles costs a large amount of money. Until the insurance companies give people realistic expectations we will continue to have this problem. Kathy Mossop
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Added by Kathy, 28 Jun 2010
Marius is wrong about the old "3rd party" cover . The disc that was issued back then was for the same cover that is now part of the Road Accident Fund and now paid by a fuel levy and not as part of your licence There has never been 3rd party cover for vehicles in this country
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Added by Koos, 28 Jun 2010
I do believe that, should their be third party Insurance, it would be easier to include it in the fuel levy. The person that drives the most, pays the most.
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Added by amanda, 28 Jun 2010
It seems you have misquoted the real insurance stats. In this article you speak of 65% being INSURED whereas the real number accepted by Arrive Alive, the insurance companies and quoted in all the other articles on this same subject reflects 35% have insurance and 65% of the 8.5mill vehicles on the road are uninsured.
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Added by Craig A, 28 Jun 2010
In Europe, insurance is compulsory and you car will be confiscated it you dont pay it. Also, it is extremely expensive, especially if the vehicle is a luxury car, over a certain engine capacity or if you own multiple vehicles. If you cant afford the insurance, then take the train! I think it a great idea as long as government dont run the scheme.
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Call for compulsory third party insurance grows
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