Understanding Car Accident Liability Laws in Kenya
Car accidents are unfortunately common on Kenyan roads, especially in Nairobi’s busy traffic. Knowing how car accident liability in Kenya works is essential for every driver. It helps you understand your rights, responsibilities, and the role of insurance after an accident.
What Is Car Accident Liability?
Liability refers to legal responsibility for damages or injuries caused in a car accident. The liable party compensates the victims through their insurance or personal funds.
How Liability Is Determined in Kenya
1. Police Reports
After an accident, police prepare a report based on evidence and witness statements. This report plays a key role in determining fault.
2. Insurance Investigations
Insurance companies conduct their own assessments, including car inspections and interviews, to confirm liability.
3. Court Rulings
In disputed cases, courts decide liability based on police reports, evidence, and legal arguments.
Role of Insurance in Car Accident Liability
Third-Party Insurance
Covers damage or injuries caused to other people and their property. It is the minimum legal requirement in Kenya.
Comprehensive Insurance
Covers both third-party liabilities and your own car’s damages, offering wider protection.
Excess and Deductibles
Even with comprehensive cover, you may pay part of the costs depending on your policy terms.
Steps to Take After a Car Accident in Kenya
- Stop immediately and check for injuries
- Report the accident to police within 24 hours
- Exchange insurance and personal details with the other driver
- Take photos of the scene and damages
- Notify your insurer as soon as possible
Book post-accident inspections at Automotive Doctor Motor Garage to assess vehicle damage.
Penalties for Driving Without Insurance
- Fines up to KES 50,000
- Possible jail term
- Vehicle impounding
FAQs on Car Accident Liability in Kenya
Who pays if both drivers are at fault?
Liability may be shared, and each insurer compensates based on percentage of fault.
Can passengers sue for damages?
Yes. Passengers can file claims against the liable driver’s insurance.
Does third-party insurance cover my car?
No. It only covers damages to others.
What if the other driver is uninsured?
You may need to pursue legal action directly or rely on comprehensive cover.
Can liability decisions be appealed?
Yes, through legal processes in Kenyan courts.
External Resources
Learn more from NTSA and Insurance Regulatory Authority (IRA).
Conclusion
Understanding car accident liability in Kenya protects you from legal trouble and ensures fair compensation. Whether through insurance or courts, liability laws guide responsibility after accidents. Stay compliant, drive safely, and for post-accident repairs, visit Automotive Doctor Motor Garage – Nairobi’s trusted car care experts.
