Instituting the Motor Vehicle Insurance Fund in Cameroon: An appraisal of Law No. 2015/013 of 16 July 2015 Creating and Regulating the Motor Vehicle Insurance Fund in Cameroon
Keywords:
Motor insurance, Motor Insurance Guarantee Fund, Motor accidents, Motor accident victims, Law No. 2015/013, Cameroon, Compensation.Abstract
The CIMA Code empowers each member State of the CIMA zone to create and regulate its own Motor Insurance Guarantee Fund. This is the import of article 600 of the Code. It is thanks to this article that Law No. 2015/013 was promulgated by the Cameroonian legislature, creating and regulating the Motor Insurance Guarantee Fund in Cameroon. Although the Code lays down the guidelines for creating and regulating the fund, the member states of CIMA have the huge responsibility of ensuring the smooth functioning, effectiveness, and success of the fund. The purpose of this fund is to ensure that no qualified motor accident victim goes uncompensated, whether there was insurance or not. This paper therefore does an appraisal of this law through the eyes of its purpose according to the spirit of its enactment. This paper criticizes, analyzes and proposes measures to ameliorate some lapses in the law regulating the fund, the purpose of which is to guarantee a better compensation scheme for motor accident victims.
References
1. A law based on the no-fault system.
2. These laws include the French Code Civil, the Fatal Accidents Acts of 1864 -1846 and the 1989 Ordinance on the compensation of motor accident victims.
3. It took on average about 40 months for a victim of motor accident to be compensated. The system was essentially based on the fault or the civil liability system.
4. This complaint was usually put forth by insurance companies. However, it was quite logical because excess payment of compensation could force some insurance companies out of business.
5. The insurers could raise defenses such as act of God or contributory negligen ce to avoid paying compensation to motor accident victims.
6. Hereinafter referred to as “the Code”.
7. Hereinafter referred to as “the 2015 law”.
8. Hereinafter referred to as “the Fund”.
9. See Section 2 (1) of Law No. 2015/013 of 16 July 2015 creating and regulatin g the Motor Vehicle Guarantee Fund.
10. See Section 2 (1) of Law No. 2015/01 3 of 16 July 2015 creating and regulating the Motor Vehicle Guarantee Fund. In Cameroon, this is the Ministry of Finance.
11. The Fund does not compensate every category of motor accident victim; that is why this term has been used.
12. Before the coming into force of the Code.
13. These duties have been formulated in line with the provision of article 600 (1) of the CIMA Code.
14. Under article 600 of the Code, the word “mobile” was preferably used.
15. Article 601 (2) of the Code lays down a similar restriction.
16. This is according to Chapter II, Section 3 of Law no. 2015/013 of 16 July 2015.
17. This could be the case of a hit and run vehicle.
18. This is provided for by article 617 of the CIMA Code. JLTCPL (2018) 15-26 © Law Journals 2018. All Rights Reserved Page 26
19. See article 600 (2) of the CIMA Code.
20. See equally article 602 of the CIMA Code.
21. See article 602(2) of the CIMA Code.
22. Like bringing a witness to court.
23. See article 602(3) of the Code.
24. See article 613 of the CIMA Code.
25. Section 8 of Law no. 2015/013 of 16 July 2015.
26. See Article 613 0f the CIMA Code.
27. Section 8 of Law no. 2015/013 of 16 July 2015.
28. Section 10, Ibid.
29. Section 15 (1).
30. Article 605.
31. Section 15 (3).
32. Article 606(5).
33. Section 15(2) of Law no. 2015/013 of 16 July 2015
34. The following factors can cause the invalidity of an insurance contract; such as, for example, failing to d isclose a medical treatment that the applicant is personally embarrassed to discuss.
35. Also known as false pretenses.
36. Section 17(1) ibid.
37. Section 18 of Law no. 2015/013 of 16 July 2015.
38. Section 21 (1) of Law no. 2015/013 of 16 July 2015.
39. Section 28 of Law no. 2015/013 of 16 July 2015.
40. Section 29, Ibid.
41. Section 30, ibid.
42. Section 23 (1)
43. Section 22 of the 2015 law. See Assi EHA, Issa SJ, Jacqueline LO. CIMA, Droit des Assurance. Bruylant Bruxelles. 2002; 400- 405pp.
44. See generally Tumnde SM. Motor Vehicle Insurance Law in Cameroon. Limbe Design House. 2003; 207p. See equally Section 22 (1) of the 2015 law.
45. See generally Tumnde MS. Insurance Law in Cameroon . Presses Universitaires d’Afrique. 2012; 217p.
46. Article 259 of the CIMA Code and Section 22 (2) of the 2015 law.
47. Section 23 (1) (a) of the 2015 law.
48. Section 24. Cite this Article Nana Charles Nguindip Abue Ako Scott Eke. Instituting the Motor Vehicle Insurance Fund in Cameroon: An appraisal of Law No. 2015/013 of 16 July 2015 Creating and Regulating the Motor Vehicle Insurance Fund in Cameroon . Journal of Law of Torts and Consumer Protection Law. 2018; 1(1). 15-26p.
