Motor vehicle accidents are on the increase in Kenya with thousands of people losing their lives, and getting serious or slight injuries. Statistics by the National Transport and Safety Authority (NTSA) have indicated at least 21,760 people were involved in a road accident in the year 2022.

Leading Causes of fatal crashes in Kenya

According to recent reports by NTSA, the leading causes include:

  1. Vehicles and motorcycles losing control.
  2. Tyre bursts.
  3. Hit-and-runs.
  4. Improperly overtaking and failing to keep the proper lane.
  5. Stalled vehicles on the road without proper lighting or warning signs.

Requisite Documentation for Pursuing a Claim

To pursue a motor vehicle claim, the following documents are typically required:

  1. Police Abstract: Essential for establishing the official record.
  2. Vehicle Log Book: Proof of ownership.
  3. Driving License: Copy of the driver's license at the time of the accident.
  4. Claim Form: A duly filled and signed Motor Accident Claim Form from your insurer.

Basic Steps to Take After an Accident

  1. Report the Incident: Immediately notify the police and your insurance company/agent.
  2. Secure Evidence: Take pictures of the damaged vehicle and the scene before vehicles are moved.
  3. Full Particulars: Provide your insurer with all details, including witness accounts and scene photos.
  4. Investigation: The insurer will appoint Loss Assessors or Adjusters to ascertain the extent of damage.

Why do insurance companies investigate?

  • To establish the circumstances of the car accident.
  • To ascertain the extent of the damage caused.
  • To establish the third party involved and determine liability.

The Legal Process for Damage Claims

The process differs depending on your cover type:

Third Party Covers

The owner conducts an assessment, repairs the vehicle, and then issues a Demand Letter through a car accident lawyer to the responsible third party. If they fail to act, a legal suit is filed.

Comprehensive Covers

The insurer assesses and pays their insured first. Subsequently, the insurer may file a Material Damage Recovery claim in court against the responsible third party to recover the costs.

CONTACT us on +254 703 741276 or EMAIL us at legal@ombogo.co.ke for an experienced car accident lawyer to represent you in the process.