Car Accident Claim Process in Kenya
Car accidents are an unfortunate reality on Kenyan roads, with thousands of incidents reported annually, leading to injuries, property damage, and, in some cases, fatalities. According to the National Transport and Safety Authority (NTSA), road accidents remain a significant concern, often caused by factors such as reckless driving, poor road conditions, or failure to observe traffic rules. When an accident occurs, knowing how to navigate the claim process is essential to secure compensation for damages or injuries. This guide outlines the step-by-step process for filing a car accident claim in Kenya, ensuring you are well-prepared to handle the legal and insurance procedures.
Immediate Steps at the Accident Scene
The moments following a car accident are critical for ensuring safety, complying with legal requirements, and gathering evidence for a potential claim. Here’s what you should do immediately after an accident:
1. Ensure Safety and Stop the Vehicle:
Under the Kenyan Traffic Act, it is mandatory to stop your vehicle at the scene of an accident, regardless of its severity. Never drive away, as fleeing the scene is an offense. Turn off your car’s engine, activate hazard lights, and, if possible, place a warning triangle approximately 150 meters from the accident to alert other drivers. Check yourself and any passengers for injuries and seek medical attention immediately if needed.
2. Check for Injuries and Seek Medical Help:
If anyone is injured, call an ambulance or seek medical assistance promptly. Even if injuries appear minor, consult a doctor to rule out internal injuries, as symptoms like headaches or nausea may indicate serious conditions. Medical records will be vital for any personal injury claims.
3. Document the Scene:
Gather as much evidence as possible before the vehicles are moved. Take clear photos or videos of the accident scene, including vehicle damage, road conditions, skid marks, and any visible injuries. Note the date, time, location, and circumstances of the accident (e.g., weather or traffic conditions). If witnesses are present, collect their names and contact details, as their statements may support your claim.
4. Exchange Information:
Share and obtain essential details with the other party involved, including names, phone numbers, driver’s license numbers, vehicle registration numbers, insurance company details, and policy numbers. Avoid discussing fault or liability at the scene, as this could complicate the claim process. Focus on collecting factual information.
5. Report to the Police: Notify the police immediately, as a police abstract is a mandatory document for insurance claims in Kenya. If the police cannot attend the scene, visit the nearest police station to report the incident and obtain the abstract. In cases of injury, request a P3 form, which documents injuries and is completed by a police doctor. These documents are critical for both insurance and legal proceedings.
Notifying Your Insurance Company
Prompt reporting to your insurance company is essential to initiate the claim process. Most insurers require notification within 24 to 48 hours of the accident. Failure to report promptly may lead to claim rejection, depending on your policy terms.
Here’s how to proceed:
1. Contact Your Insurer or Agent:
Inform your insurance company or agent about the accident as soon as possible, ideally from the scene if feasible. Provide basic details such as the date, time, location, and a brief description of the incident. Some insurers, like CIC Group or APA Insurance, allow you to report claims online or through dedicated hotlines.
2. Complete the Claim Form:
Your insurer will provide a motor accident claim form, which you must fill out accurately. This form requires details about the accident, including the police abstract number, driver information, and a description of the damage or injuries. Many insurers offer downloadable claim forms on their websites for convenience.
3. Submit Required Documents:
To process your claim, you’ll need to provide the following documents:
i.) Police Abstract: Obtained from the police station, this confirms the accident’s details.
ii.) Copy of the Vehicle Logbook: Verifies vehicle ownership.
iii.) Driver’s License: Confirms the driver’s authorization to operate the vehicle.
iv.) Filled Motor Accident Claim Form: Duly signed and completed.
v.) Photos or Videos of the Accident Scene: Visual evidence of the damage and circumstances.
vi.) Medical Reports and Receipts (for injury claims): Documenting treatment costs and injuries.
vii.) Repair Estimates (if applicable): From an authorized garage or assessor. Ensure all documents are original or certified copies, as insurers may reject incomplete submissions.
Insurance Claim Processing
Once you’ve submitted your claim and documents, the insurance company will begin processing it. This involves several steps to verify the claim’s validity and determine compensation:
a) Assessment and Investigation:
The insurer will assess the vehicle at an approved garage or assessment center to evaluate the extent of the damage. They may appoint a loss assessor, adjuster, or investigator to verify the accident’s circumstances, confirm liability, and ensure the claim is not fraudulent. Cooperate fully with these professionals to avoid delays. If inconsistencies arise, the insurer may request additional clarification.
b) Repair Authorization or Cash Settlement:
If the claim is approved and the information provided is consistent, the insurer may:
- Authorize repairs at an approved garage or dealer.
- Offer a cash-in-lieu settlement, where you receive funds to cover repair costs. For total loss claims (e.g., theft or irreparable damage), the insurer will review the investigator’s report and may request documents of title (e.g., logbook) before issuing a discharge voucher for signing. Payments are typically processed within 7 working days after approval.
c) Third-Party Claims:
If you were not at fault and the other party’s insurance is responsible, your insurer may file a material damage recovery claim against the third party’s insurer. This may involve legal proceedings where your insurer represents you as the plaintiff. For third-party injury claims, you’ll need to submit additional documents like a First Information Report (FIR) and medical reports. Avoid direct communication with the third party without consulting your insurer.
d) Claim Approval or Rejection:
The insurer will either approve the claim, request more information, or reject it.
Common reasons for rejection include:
- Incomplete or fraudulent documentation.
- Filing a claim for an event not covered by your policy (e.g., claiming vehicle damage under third-party cover).
- Failure to report the accident promptly. If your claim is rejected, the insurer must provide reasons, and you can appeal or seek legal advice.
Legal Considerations for Compensation
In cases where insurance claims are insufficient, disputed, or involve significant injuries or fatalities, legal action may be necessary.
Here’s how to pursue compensation through legal channels:
a) Engage a Lawyer:
Consult a qualified car accident lawyer to navigate the legal process, negotiate with insurers, or represent you in court. Verify that the lawyer has a valid practicing certificate and experience in personal injury or motor accident cases. Firms like Ombogo & Company Advocates or the Law Society of Kenya can provide referrals.
b) Understand Negligence and Liability:
In Kenya, compensation depends on establishing negligence. If a driver’s reckless or careless behavior caused the accident, they may be liable for damages. Kenya follows a comparative negligence doctrine, meaning compensation may be adjusted based on each party’s degree of fault. For example, if you were partially at fault, your compensation may be reduced proportionally.
c) File Within the Statute of Limitations:
You must file a lawsuit within three years from the date of the accident, as per Kenyan law. Delaying beyond this period may bar you from seeking compensation.
d) Gather Evidence:
In addition to the police abstract and medical reports, compile evidence such as witness statements, repair receipts, and transportation costs (e.g., taxi fares to medical facilities). For injury claims, a P3 form and detailed medical reports are crucial. For fatal accidents, dependents may claim compensation for loss of support, with awards typically calculated based on the deceased’s income and dependency factors.
e) Court or Alternative Dispute Resolution (ADR):
Many claims are settled out of court through negotiations or ADR, such as mediation, which is faster and less costly. If unresolved, the case may proceed to court, where a judge determines liability and compensation. Courts may also issue injunctions (e.g., Mareva injunctions) to prevent the at-fault party from evading responsibility.
Types of Compensation
Compensation in Kenya can cover various damages, depending on the circumstances and your insurance policy:
i. Special Damages: These are quantifiable losses, such as medical expenses, vehicle repair costs, or transportation costs. You must provide receipts to prove these expenses.
ii. General Damages: These cover non-quantifiable losses, such as pain and suffering or loss of expectation of life. For fatal accidents, courts typically award Kshs 10,000–100,000 for pain and suffering and Kshs 100,000 for loss of expectation of life, depending on the case.
iii. Dependency Claims: In fatal accidents, dependents (e.g., spouse or children) may claim compensation for loss of financial support. Courts use a multiplier approach based on the deceased’s age, income, and expected dependency period, though this method may be adjusted if speculative.
Conclusion
The car accident claim process in Kenya requires prompt action, thorough documentation, and an understanding of your legal and insurance rights. By following the steps outlined—securing the scene, reporting to the police, submitting a well-documented claim, and seeking legal advice when necessary—you can navigate the process effectively. Whether dealing with minor vehicle damage or pursuing compensation for injuries or fatalities, preparation and cooperation with insurers and legal professionals are key to securing fair compensation.
For further assistance, contact us at 0716 808 104 or info@lawguide.co.ke.