Tag: Third-Party Insurance

  • Third-Party Insurance: Feb. 1 commencement of enforcement sacrosanct — Police

    Third-Party Insurance: Feb. 1 commencement of enforcement sacrosanct — Police

    The Nigeria Police Force says the Feb. 1 commencement of enforcement of the mandatory Third-Party Insurance for vehicle owners nationwide is sacrosanct.

    The Force Public Relations Officer, ACP Olumuyiwa Adejobi said this in a statement on Friday in Abuja.

    He said the initiative was to reinforce road safety measures and ensure that vehicle owners comply with the stipulated insurance requirements to protect themselves and others on the road.

    Adejobi warned vehicle owners and operators against non-compliance.

    He said the enforcement actions would include fines and other penalties, as mandated by relevant extant laws.

    “Effective Feb. 1, all vehicle owners nationwide are required to possess valid Third Party Insurance as they move about.

    “Those without the insurance are advised to be insured quickly to avoid any sort of embarrassment,” he said.

    He said the Inspector-General of Police (I-G) Mr Kayode Egbetokun, had directed all Commissioners of Police nationwide to ensure due enforcement.

    Adejobi said police officers would be empowered to conduct checks and enforce penalties for non-compliance in line with relevant extant laws.

    He said the Nigeria Police Force would remain dedicated to enhancing road safety and protecting the lives of all citizens through the enforcement of traffic laws and regulations.

    The police spokesman called for cooperation from members of the public to ensure successful enforcement of the regulation.

    The News Agency of Nigeria (NAN) recalls that the I-G had on Jan. 10 announced that the enforcement of third-party insurance for vehicle owners nationwide would begin on Feb. 1.

    The I-G made the announcement when he received Mr Olusegun Omosehin, the Commissioner for Insurance, National Insurance Commission.

  • Increase in Third Party Insurance premium – By Francis Ewherido

    Increase in Third Party Insurance premium – By Francis Ewherido

    A circular dated December 22, 2022, from the National Insurance Commission (NAICOM) increased the premium and limit of liability of various classes of motor insurance. Private motor third property limit was increased from N1m to N3m; own goods limit was increased to N5m; staff bus was increased to N3m; trucks/general cartage; special types was increased to N20m; tricycle was increased to N2m and N1m for motorcycle. Ab initio, Motor (Third Party) Insurance is for the benefit of third parties.

    The Motor Vehicles (Third Party) Insurance Act of 1945, which took effect from 1st April 1950, makes it an offence for anybody to use a motor vehicle on the road (road here means any road to which members of the public have access) without having in place the minimum Motor (Third Party) Insurance to cover the motorist against liabilities arising from third party bodily injuries or death. The Insurance Act of 2003 extended the cover to take care of liabilities arising from damage to third party property to the tune of One Million Naira.

    What NAICOM did was to increase third party property damage for all categories of vehicles. There was no uproar for motorcycles, tricycles and others. We all seem to have accepted the culture that when tricycles and motorcycles damage your vehicle or property, the riders prostate before you to beg, you forgive them and life goes on. Sometimes, if the riders have numbers, they bully and can even beat up the innocent party. Some unlucky innocent parties have been lynched. No problem because we live in a jungle, abi?

    The damage of third party property by private vehicle owners was increased from N1m to N3m with a corresponding increase in premium from N5,000 to N15,000. That is where the uproar is, but why? We have carefully ignored the commensurate benefits and focus only on the increase in premium. You can look at the issue from many dimensions. One, more private vehicle owners are affected by this increment. Two, the N5000 premium people used to pay was “chicken fee” to many to get motor insurance certificate and get “irritant” and “nosey” law enforcement agents off their backs. Now, N15,000 is no more “chicken fee.” Now you need to take your time to know the benefits or relief your N15,000 can provide for you: If you hit a third party and he is injured, your insurance company is liable to pay the cost of treatment. God forbid, if your vehicles kills a third party on the road, your insurance company is liable. In the case of injury, the hospital bill will provide a basis for compensation. If it is death, the family of the deceased will meet with the policyholder/his insurance company to agree on compensation. Where no agreement is reached, you go to court.

    In the event of property damage, the limit is N3m. If the damage is beyond N3m, the insurance company will be liable to pay only N3m. The policyholder has to pay the balance from his pocket. Note that all non-life policies are subject to indemnity. In other words, the job of insurance companies is to put you in the financial position you were immediately before the incident, no more, no less. You are not supposed to make profit from a loss. For death or bodily injuries, they are not subject to indemnity because you cannot place a value on life, injuries or loss of limb. The remedies I highlighted earlier and others like the annual income of the deceased are what are applicable in determining compensation.

    Some commentators have been accusing NAICOM of being insensitive to the plight of ordinary Nigerians. Are third parties who will benefit from these new rates not among ordinary Nigerians? Did NAICOM increase the rate without doing its homework? Is it not the same NAICOM that knows many insurance companies are making underwriting losses and rely on income from investments to stay afloat? Is it not the same NAICOM that has cancelled licenses of insurance companies due to inability pay claims and meet other obligations? Is it a crime that NAICOM wants appropriate pricing to enable insurance companies meet their claims and other obligations? The questions can go on and on, but let me leave it there.

    At the risk of getting a backlash, I ask, there are over 200m Nigerians out of which less than N10m own cars. Are all car owners in Nigeria part of the “ordinary Nigerians?” At the minimum it takes roughly N10,000 to fuel your car and keep it on the road monthly, while the N15,000 new premium is the annual premium. Ten thousand naira a week times fifty two weeks a year comes to N520,000 to keep your car on the road per annum. Let us even assume you use it only half of the time; that is still N260,000, a far cry from the N15,000 premium per annum for third party premium. I personally feel the challenge people have with the hike in the rate of TP premium is the general lack of appreciation of insurance in Nigeria (insurance penetration in Nigeria is less than one percent) and lack of appreciation of the benefits of Motor TP Insurance. That is what I feel practitioners should deal with and how to build trust in Insurance, not arguments about appropriate pricing and other attempts to deodorize rate cutting. Let us be honest, what led to the demise of some insurance companies? Apart from lack of corporate governance and fiscal rascality by the board and management, a major factor responsible for inability to pay claims by insurance companies is the charging unsustainable premium rates. The primary task of insurance companies is to pay claims ALWAYS. To do that, you have to charge appropriate premium to enable companies have good pool of resources from which they can pay claims at ALL time. Or don’t you the insuring public want your motor TP claims paid without “grammar?”

    One thing for sure about the new rates that potential policyholders will take more interest in the benefits of the third party insurance they are buying as highlighted above. Fifteen thousand naira, unlike N5,000, is not chicken fee. Policyholders will also take more interest in where they get their motor policies. Certainly, you won’t go under the bridge to get TP insurance with N15,000. Local government offices are also not licensed to issue insurance policies. If an insurance company gets a space in a local government office to issue motor policies, it is a different matter. The only companies licensed to sell motor insurance in Nigeria are underwriting companies and Registered Insurance Brokers (RIB). Their names are on the NAICOM website: https://www.naicom.gov.ng, Nigerian Council of Registered Insurance Brokers website https://ncrib.net and Nigeria Insurers Association website: https://nigeriainsurers.org. If you go to anywhere else, you risk buying a fake motor insurance policy and the implications are grave: in the event of an accident, you are on your own. You have to bear all the third party liabilities, in addition to own damage. In addition, if you are caught, you risk a fine of N250,000 or/and a year imprisonment for not having a genuine motor insurance before using your vehicle on a public road.

    People saying that the hike in premium will force people to go for fake motor insurance certificates make me laugh. There is a platform called Nigerian Insurance Industry Database (NIID). Many police officers on the road have the app on their phones and can use your vehicle number or insurance certificate to check if your insurance is fake or genuine. If it is fake, you either pay N250,000 fine, or/and go to jail for a one year or the police will do what they like with you.

     

    Francis Ewherido, an insurance executive, writes from Lagos.

  • TNG Deal Breakers: In The Beginning

    TNG Deal Breakers: In The Beginning

    Whilst we were yet adults, we learnt of the cliché, “let my people go” which when translated infers the minimum position to scale through a requirement. In academics, it is called a pass. It means you may pass to the next level or class on your personal best and not on the competitive best. Pass is ordinary! Measured against other values on the score sheet, it can only fetch you something meagre.

    Third-party insurance is an ordinary pass or so it seemed! In many cases, it is a serious concern and can cause severe financial pains to the insurer. For some insurers who weigh their portfolios scientifically, they would not touch it. Third-party liabilities to the insurer are problematic. And if death happens, it’s a penny-wise, pound-foolish situation and a live snake in the hands of the underwriter. The negotiations are usually thorny and frustrating.

    Here’s one case; a friend lost his insurance job and later set up a sachet water company in his neighbourhood. A used distribution truck was bought to help in the delivery of water, and a driver and a motor boy completed the operations unit of the small outfit. After that, he purchased thirty-party insurance to operationalize the vehicle on the roads. On a day my friend was beginning to await the return of the day, he received a call from the police to come to the police station for an emergency. It turned out that the driver of the truck had knocked down and killed a young hawker at Ikeja, Lagos’s capital. The tragedy aside, the insurer of the vehicle was contacted and after a prolonged negotiation, they sealed N1 million as their compensation limit for the death of the young man. 

    For N5000, the insurance company was obligated to pay N1 million. It could have been more if specialized lawyers handle the claim negotiation. The number of insured vehicles in Nigeria apparently makes third-party policy unattractive and maybe the main reason it is frustrating to bargain a claim involving death. Ordinarily, death claims do not have any prescribed limits. However, if you take a cursory glance at Table 3 below, you will note that in this particular case, the insurance company did not receive the appropriate premium on the water truck. This is called the competitive rate in the Nigerian market! Often, this is the reason for claims repudiation.

    Road Accident Figures 

    The Q2 reports by the National Bureau of Statistics show the carnage and horror of accidents recorded on Nigerian roads. The total number of road accidents during the period was 5,263 as represented in the table below.

    Table 1: Category of Vehicles Involved in Road Accidents

    Vehicle Category Frequency percentage
    Government 67 1
    Private 1,800 34
    Commercial 3,396 65

    Source: NBS

    Table 2: Type and Number of Vehicles involved in Road Accidents

    Vehicle Type Occurrence
    Trailer 276
    Luxury Bus 13
    Car 1639
    Tricycle 173
    Bicycle 10
    Truck 596
    Tanker 102
    Minibus 904
    Motorcycle 1133
    SUV 174
    Van 9
    Pickup 155
    Others 103

    Source: NBS

     

    The Trends

    The tables above represent in real terms the horrendous carnage on our roads. In Table 1, commercial vehicles had nearly 3,400 accidents ranging from fatal, serious injuries to minor injuries. The vehicles involved had various degrees of damage. Unfortunately, commercial buses are the least insured and cost the most damage to people and property. In most cases, their insurance, usually a third-party policy, is not genuine and not purchased from licensed insurers. Equally, in Table 2, the combined number of accident occurrences involving cars, tankers, trucks and minibuses is 3,241. These are 2nd quarter figures only! Notwithstanding the fact that motorcycles and tricycles are breaking limbs and causing deaths in their numbers across Nigeria.

    Why motorists must pay premiums on vehicles 

    Insurance premiums are paid by vehicle owners so as to compensate passengers, property owners and passersby who are third parties when, for instance, we read reports of tanker explosions where lives, property and goods were lost. It is common sense and a sense of responsibility when you seek to care for others who may suffer from the inadvertent accident of vehicles. Nobody wills that an accident should happen, but our daily experience shows that accidents do happen despite our prayers and wishes against its occurrence. So, it’s fair that each motorist sees proper insurance of their vehicles as a personal CSR even without the law mandating it. Hit-and-run cases will also get compensated if premiums are paid to licensed insurers.

    New rates for the New Year  

    Inflation, prices of goods and services going up including transportation costs. Most incidentally, vehicle costs have risen exponentially due to forex scarcity and government auto policy.  Insurance companies are also paying more claims than hitherto. In the last five years, it is estimated that more than 50% of premiums are paid to policyholders. Tax deductions, business acquisition costs, levies and commissions take their portions leaving a small percentage for administrative costs. Perhaps, Nigeria’s insurance may be classified as a social service if the trend continues. 

    Table 3   Motor Third Party Tariff

      Type of Vehicle 2018 rates  2023 rates TPPD* limits
    1 Private Motor N5000 N15,000 N3million
    2 Commercial Motor (own goods) N7,500 N20,000 N5million
    3 Commercial Motor (staff bus) N7,500 N20,000 N3million
    4 Commercial Motor (Trucks/General Cartage) N25,000 N100,000 N5mllion
    5 Motor Trade (road/premises risks) N5,000 N20,000 N3million
    6 Special Types (Hearse/Ambulance) N5,000 N20,000 N3mllion
    7 Motor Cycle N1,500 N2,000 N1million
    8 Tricycle N3,000 N5,000 N3million

    *TPPD: Third Party Property Damage      Source: NAICOM

    Amidst speculations that some underwriters are unwilling to implement these new rates on unwilling and price-shy vehicle owners, the National Insurance Commission has signed off on applying the new rates beginning January 1, 2023. Some rates were adjusted to about 150% while it is 50–75%. The corresponding increase in third-party property damage claim limits was also adjusted upwards to reflect the new tariffs. The name tariff means it is fixed and regulated by the government and prices are not commercially adjustable by insurers. 

    The highest beneficiaries of these new rates and possible adoption and compliance by both insurers and vehicle owners are ordinary folks. When you read reports of fuel-laden tanker explosions or trucks ploughing into pedestrians, an understanding of the tariff structure will be clearer. 

    Drivers of new tariffs

    Although the statistics generated by Federal Road Safety Corps give ample justification for tariff increase, there are also rising claims metrics showing that insurance companies are paying higher claims, comparatively, on the low premium vehicles. But the most important factor for the increase by NAICOM is to afford real protection to Nigerians. The “let-my-people-go” premium of N5000 was actually letting people down. Some insurers believed the third party to a scoop that nobody was going to file a claim. 

    In the beginning, the third-party premium was actually an impressive turnover on the insurer’s balance sheet without much expense but the situation has apparently reversed driven by the following factors;

      Awareness and increasing claims on motor 

      Inability to pay claims

      Claims repudiation

      Very low prices on commercial and corporate fleets

      Covid-induced reduction in the number of corporate fleets and remote work model

    Certainly, the hard-pressed economy and low purchasing power of individuals and firms may trigger price resistance. But if the government truly desires to effect a balance in the protection afforded through insurance, then it has to drive volume compliance by motorists so that insurers can accept the risks on the roads.  There may be no right time to do the right except it is done now!