Road accidents are sudden and devastating. Beyond the physical pain, victims often face huge medical bills and loss of income. Under Kenyan law (Third Party Risks Act), victims of road accidents are entitled to compensation from the insurance company of the vehicle at fault.
Who Can Claim?
- Passengers: If you were in a matatu, bus, or private car that crashed.
- Pedestrians: If you were hit while walking.
- Drivers: If you were hit by another vehicle that was at fault. (Note: If you were the one at fault, you generally cannot claim for your own injuries unless you have comprehensive cover).
Steps to Take Immediately After an Accident
- Police Abstract: This is the most critical document. You must report the accident to the nearest police station and obtain a P3 form or Abstract showing who was to blame.
- Medical Report: Go to a hospital immediately. Do not minimize your injuries. The doctor's notes will form the basis of your claim.
- Keep Receipts: Keep every single receipt for medicine, X-rays, crutches, and transport to the hospital. You will be reimbursed for these "Special Damages."
- Do Not Sign Anything: Insurance agents often rush to victims offering small cash payouts (e.g., Ksh 50,000) to settle the case. Do not sign. Your injuries might be worth millions, especially if you suffer long-term disability.
What Compensation Can You Get?
The court awards damages based on:
- Pain and Suffering: For the physical trauma.
- Loss of Amenities: If the injury stops you from enjoying life (e.g., playing sports).
- Loss of Earnings: If you can no longer work or lost your job due to the injury.
- Future Medical Costs: If you need future surgery.
Don't Settle for Less.
Insurance companies have lawyers fighting to pay you the minimum. You need Wanyoike & Partners fighting to get you the maximum compensation you deserve.