What to Do After a Car Accident in Kenya: Step-by-Step Guide

What should you do immediately after an accident in Kenya?

Report, get treated, and preserve proof. Call the police, seek medical care, and collect documents like a Police Abstract, treatment notes, and receipts. Record evidence at the scene and exchange details with the other party.

• Call 999 or go to the nearest police station. For road accidents, insist on an OB number and later obtain a Police Abstract.
• Seek medical care immediately. Keep all treatment notes, lab results, prescriptions, and receipts from the first visit.
• Document the scene: photos of vehicles, injuries, road layout, skid marks, weather, and any CCTV or dashcam footage. Record names and contacts of witnesses.
• Exchange details: full names, ID numbers, phone contacts, vehicle registration, insurer, and policy number.
• Do not admit fault at the scene. Provide facts to the police only.
• Notify your insurer or employer as applicable. For work injuries, report to your employer immediately and ensure they file the WIBA report to DOSHS.
• Keep a recovery diary: symptoms, missed work days, costs incurred, and how injuries affect daily life.

How long do you have to file an accident or injury claim in Kenya?

Most personal injury claims must be filed within 3 years from the date of the accident under the Limitation of Actions Act. Workplace injury claims must be lodged with DOSHS within 12 months under WIBA, and actions against public authorities can be limited to 12 months.

• Personal injury in negligence: 3 years from the cause of action (Limitation of Actions Act, Cap 22). Courts may extend in limited circumstances, such as latent injuries (section 27).
• Minors and persons with disability: time runs from the date the disability ends, typically when a minor turns 18.
• Work injuries: notice to employer as soon as practicable; employer must report to the Director of Occupational Safety and Health Services (DOSHS) within 7 days (fatal - within 24 hours). A claim for compensation should be lodged within 12 months, extendable by the Director for good cause (Work Injury Benefits Act, 2007).
• Claims against public authorities: usually 12 months from the cause of action (Public Authorities Limitation Act, Cap 39). Extensions are very limited, so act fast.
• Medical negligence: generally 3 years; complex cases sometimes justify extension if material facts were unknown within time.
• Fatal claims: 3 years is generally applied, but move quickly to secure evidence. Both the Fatal Accidents Act (Cap 32) and Law Reform Act (Cap 26) claims are often filed together.

Who can you claim compensation from, and on what legal basis?

You claim from the party whose negligence caused your injury, their employer if applicable, and their insurer where the law requires cover. In fatalities, dependants and the estate can claim for their losses.

• Road accidents:
  • Negligent driver or owner (Traffic Act, Cap 403). Often both the driver and vehicle owner are sued, with owners facing vicarious liability for drivers.
  • Insurer: serve a statutory notice under section 10 of the Insurance (Motor Vehicles Third Party Risks) Act, Cap 405 so the insurer will satisfy any judgment.
• Workplace injuries: employer liability assessed under WIBA via the Director DOSHS. Fault is not strictly necessary for compensation, but negligence can still be relevant in separate claims where WIBA does not apply.
• Occupiers and businesses: duty to keep premises reasonably safe for visitors (Occupiers Liability Act, Cap 34).
• Medical negligence: hospitals and clinicians owe a duty of care to meet professional standards. Claims proceed as negligence actions supported by expert evidence.
• Product liability: manufacturers, importers, and suppliers may be liable for defective or unsafe products under negligence and consumer protection principles.
• Public authorities: can be liable for negligent acts or omissions, subject to special limitation rules and evidentiary burdens.
• Contributory negligence: if you were partly at fault (no helmet, no seatbelt, poor lookout), a court will apportion liability and reduce damages accordingly.

What compensation can you receive in Kenya, and how is it calculated?

You can claim special damages (actual expenses), general damages (pain, suffering, loss of amenities), loss of earnings or earning capacity, future medical costs, and in fatal cases, dependency and estate claims. Courts use comparable cases, medical evidence, and receipts to quantify amounts.

• Special damages:
  • Out-of-pocket costs: ambulance, scans, surgery, medication, assistive devices, physiotherapy, travel to hospital. Must be specifically pleaded and proven with receipts.
  • Lost income to date: payslips, tax returns, bank statements, employer letters, or business records.
• General damages:
  • Pain, suffering, and loss of amenities. Assessed by comparing similar injuries in recent Kenyan judgments adjusted for inflation.
  • Disfigurement and scarring can attract additional sums.
• Future losses:
  • Future medical treatment, surgeries, prosthetics, therapy, and care. Usually supported by medical opinions and cost estimates.
  • Loss of future earnings or earning capacity, based on age, occupation, residual ability, and the multiplier-multiplicand method.
• Fatal claims:
  • Dependency under the Fatal Accidents Act for financial support lost by dependants.
  • Pain and suffering before death, loss of expectation of life, and funeral costs under the Law Reform Act.
  • Courts avoid double compensation by cross-checking awards under both Acts.
• Interest and costs:
  • Court awards interest at court rates. Special damages often from filing date; general damages from judgment date.
  • Successful parties typically recover party-and-party costs, subject to taxation.

What documents and evidence do you need to prove your injury claim?

You need official records, medical proof, receipts, and witness evidence. Without documents, courts will not award special damages and may question liability.

• Identity and incident:
  • National ID, NHIF card if used, and your contacts.
  • Police Abstract and OB number for road accidents. For assault, a P3 form may be issued, but road claims rely on the Abstract.
• Medical:
  • Initial treatment notes, inpatient summaries, discharge notes.
  • Diagnostic results: X-rays, CT/MRI scans, lab tests.
  • Receipts and invoices for all expenses. Keep originals.
  • Medical report by a licensed doctor. Expect to pay KES 5,000-20,000. The defense may request an independent exam.
• Economic loss:
  • Payslips, bank statements, tax returns, employer confirmation, or business records.
  • Letters on time off work and income impact.
• Scene and liability:
  • Photos or videos of the scene, vehicles, injuries, and road layout.
  • Witness statements and contacts.
  • Repair estimates and vehicle assessment reports where relevant.
• Correspondence:
  • Demand letters and responses.
  • Statutory notice to the insurer in motor claims (s.10, Cap 405), with proof of service.

How do motor accident claims work in Kenya?

You gather evidence, notify the insurer, negotiate, and if needed file a suit in the Magistrates Court or High Court. After liability and medical assessments, the court determines damages, and the insurer usually satisfies the judgment if properly notified.

1. Immediate steps: police report, treatment, receipts, and photos. Obtain a Police Abstract.
2. Notify and document:
   • Send a demand letter to the driver/owner.
   • Serve a statutory notice on the insurer under section 10 of the Insurance (Motor Vehicles Third Party Risks) Act, Cap 405.
3. Pre-suit negotiation: share your medical report and receipts. Many insurers negotiate at this stage.
4. Filing suit:
   • Choose court by value: Magistrates Courts have pecuniary limits up to KES 20 million depending on rank; High Court has unlimited jurisdiction.
   • File plaint, witness statements, list of documents, and a verifying affidavit. Pay filing fees.
5. Defense and discovery: the defendant files a defense. Parties exchange documents and attend medical examinations.
6. Hearing: liability may be decided first, followed by quantum. Evidence includes your testimony, witnesses, police officer, and doctor.
7. Judgment and payment:
   • Court awards damages, interest, and costs. Insurer pays the judgment if statutory notice was served and the policy covered the risk.
   • If not paid, you can execute against the insurer or judgment debtor.
8. Appeals: 30 days to appeal a Magistrates Court decision to the High Court. Further appeals require leave in some cases.

How do workplace injury claims work under WIBA in Kenya?

Report the accident to your employer, who must notify DOSHS promptly, and pursue compensation administratively under WIBA. The Director assesses compensation; you can appeal to the Employment and Labour Relations Court.

1. Report and treatment:
   • Report to your supervisor immediately. Employers must keep an accident register.
   • Employer files a report to the Director DOSHS within 7 days (fatal within 24 hours).
2. Compensation claim:
   • Provide medical reports and expense receipts.
   • The Director determines compensation for temporary or permanent disablement and for dependants in fatal cases.
3. Payment and benefits:
   • Compensation is calculated using earnings and percentage disability. Medical and rehabilitation costs may be covered.
   • Employers typically carry WIBA-compliant insurance to fund awards.
4. Disputes and appeals:
   • If you disagree with the assessment, you can seek a review and appeal to the Employment and Labour Relations Court.
   • A parallel negligence suit is generally not entertained before exhausting WIBA mechanisms, as affirmed by the superior courts.
5. Timelines:
   • Accident must be reported promptly; claims should be lodged within 12 months, with possible extensions for good cause.

How are medical negligence and public liability claims handled?

They proceed as negligence claims in court, supported by strong expert evidence. You must prove breach of duty, causation, and damage on a balance of probabilities.

• Medical negligence:
  • Obtain full medical records from the hospital or clinic. You are entitled to copies.
  • Engage an independent medical expert to opine on breach and causation.
  • File suit in the appropriate court after pre-action engagement. Expect robust defenses and possible court-ordered mediation.
• Public liability and occupiers liability:
  • Applies to injuries in supermarkets, malls, hotels, parks, and similar premises.
  • Prove a hazardous condition and failure to take reasonable safety measures.
• Claims against public authorities:
  • Observe the 12-month limitation under the Public Authorities Limitation Act.
  • Gather more evidence than usual - maintenance records, prior complaints, and photos.

How much will a Kenyan accident claim cost, and who pays?

Out-of-pocket costs before judgment usually range from KES 10,000-120,000 depending on medical reporting, filing fees, and expert attendance. If you win, the defendant typically pays most legal costs at court-assessed rates, and your advocate is paid per your fee agreement.

• Advocate fees: Many firms offer written contingency or deferred-fee agreements under section 45 of the Advocates Act. Typical success fee ranges are 15-25% of recovered sums plus VAT, subject to negotiation and law.
• Adverse costs risk: If you lose, you may be ordered to pay the other side's party-and-party costs. Consider insurance or staged negotiation to manage risk.
• Settlements: Costs are negotiated as part of settlement. Ensure the settlement agreement addresses costs, interest, and timelines for payment.

What is the typical timeline of a Kenyan injury claim?

Simple settlements can conclude in 3-6 months. Contested court cases often take 12-24 months at the Magistrates Court, longer if expert-heavy or on appeal.

1. 0-30 days: treatment, Police Abstract, medical report, demand letter, statutory notice to insurer.
2. 1-3 months: negotiation with insurer; defense medical exam.
3. 3-6 months: if unresolved, file suit; service and defense filed.
4. 6-12 months: case management, discovery, witness statements, possibly court-annexed mediation.
5. 12-18 months: hearing dates for liability and quantum. Doctor and police attendance.
6. 18-24 months: judgment delivered; decree extraction; payment by insurer or execution.
7. Appeals: add 6-18 months depending on court diaries.

What are common defenses and how do you avoid mistakes?

Expect defenses like denial of negligence, contributory negligence, or policy avoidance by insurers. You avoid pitfalls by documenting thoroughly, serving statutory notices, and following medical advice.

• Common defenses:
  • Liability disputes: they may claim you were at fault or that the driver was not authorized. Sue both driver and owner, and prove control or agency.
  • Contributory negligence: no helmet, no seatbelt, speeding, intoxication, or distracted walking.
  • Policy issues: insurer alleges no valid cover or lack of statutory notice. Keep copies of the notice and proof of service.
  • Lack of proof: missing receipts for special damages or inconsistent medical records.
• Avoid these mistakes:
  • Waiting too long: limitation can kill your case. Diary all deadlines.
  • No statutory notice to the motor insurer: serve it early and keep proof.
  • Gaps in treatment: follow treatment plans. Gaps suggest recovery or exaggeration.
  • Social media: avoid posts that contradict your claimed limitations.
  • Under-pleading: include all heads of loss and plead special damages fully with particulars.

Which laws and authorities apply to Kenya accident and injury claims?

Key statutes include the Limitation of Actions Act, Insurance (Motor Vehicles Third Party Risks) Act, Traffic Act, WIBA, Fatal Accidents Act, Law Reform Act, Occupiers Liability Act, Evidence Act, and Civil Procedure Act. Key agencies include the Kenya Police Service, NTSA, and DOSHS.

• Statutes:
  • Limitation of Actions Act, Cap 22
  • Insurance (Motor Vehicles Third Party Risks) Act, Cap 405
  • Traffic Act, Cap 403
  • Work Injury Benefits Act, 2007
  • Fatal Accidents Act, Cap 32
  • Law Reform Act, Cap 26
  • Occupiers Liability Act, Cap 34
  • Evidence Act, Cap 80
  • Civil Procedure Act and Rules, Cap 21
  • Public Authorities Limitation Act, Cap 39
• Authorities and bodies:
  • Kenya Police Service - OB entries, investigations, Police Abstracts
  • National Transport and Safety Authority (NTSA) - road safety data and licensing records
  • Directorate of Occupational Safety and Health Services (DOSHS) - WIBA claims
  • Judiciary of Kenya - Magistrates Courts, High Court, Employment and Labour Relations Court

When should you hire a lawyer or expert for a Kenyan injury claim?

Hire a lawyer early if injuries are more than minor or liability is contested. Engage experts when medical complexity, long-term disability, or high-value losses are involved.

• Hire a lawyer when:
  • You have fractures, surgeries, permanent impairment, or prolonged treatment.
  • Liability is disputed or multiple vehicles are involved.
  • You need to serve a statutory notice on an insurer or sue a public authority.
  • You suffered a workplace injury that must go through WIBA and DOSHS.
  • You face short limitation windows or need urgent injunctions or preservation orders.
• Bring in experts:
  • Orthopedic surgeons, neurosurgeons, or rehabilitation specialists for future care costs.
  • Forensic accountants or vocational experts for loss of earning capacity.
  • Accident reconstruction experts in complex multi-vehicle crashes.
  • Independent medical experts in malpractice claims.
• Fee control:
  • Insist on a written fee agreement under section 45 of the Advocates Act.
  • Ask for a costs-benefit plan: likely quantum, costs exposure, and timelines.

What are the step-by-step procedures to start and win your claim?

Collect documents, notify the right parties, and choose the correct forum. Then prosecute the case efficiently with strong medical evidence and negotiation strategy.

1. First 7 days:
   • Get treatment and keep all records and receipts.
   • Report to police and obtain OB number; apply for a Police Abstract.
   • Notify your employer for WIBA or your insurer for motor accidents.
2. First 30 days:
   • Instruct a lawyer. Obtain a medical report from a qualified doctor.
   • Send a demand letter and, in road cases, serve the insurer with a statutory notice under Cap 405.
   • Compile special damages: itemized list with receipts.
3. 60-90 days:
   • Attempt settlement with the insurer or employer's insurer.
   • If settlement fails, file suit in the right court or, for workplace injuries, advance the claim with DOSHS under WIBA.
4. Discovery and hearing:
   • Comply with disclosure. Attend defense medical exam if required.
   • Prepare witnesses: you, eyewitnesses, police officer, and doctor.
   • Use court-annexed mediation where offered to accelerate resolution.
5. Judgment and enforcement:
   • Apply for decree and certificate of costs. Follow up with insurer for payment.
   • If payment delays, commence execution or negotiate structured payment.

FAQs: quick answers to common Kenya accidents and injuries questions

Here are concise answers to issues clients ask most. Use them to check your next steps and avoid missteps.

• Do I need a P3 form for a road accident? No. You need a Police Abstract. P3 is for assault and some criminal cases.
• Can I claim if the other driver fled? Yes. Report immediately, get the Police Abstract, and consult your lawyer. Identification through NTSA records or witnesses may be possible.
• Is compensation taxable? Personal injury damages are generally not subject to income tax, but seek tax advice on interest or unusual components.
• What if I was partly at fault? You can still recover, but your damages are reduced by your percentage of fault.
• How do courts value pain and suffering? By comparing similar Kenyan cases and adjusting for inflation, guided by medical evidence.
• Can I sue a county or national government? Yes, but the 12-month limitation for public authorities often applies. Prepare early.
• How do I protect an insurer payout? Serve the statutory notice under section 10 Cap 405 and ensure the vehicle had a valid policy.

Next steps: what should you do now?

Secure evidence, get a medical report, and send the right notices. Then choose the correct forum and push for a fair settlement or file suit without delay.

1. Today:
   • Request your Police Abstract and collect all medical records and receipts.
   • Start a simple expenses spreadsheet with dates and amounts.
2. This week:
   • Book a medical assessment for a formal report.
   • Consult a personal injury lawyer to draft a demand and serve statutory notices.
3. This month:
   • Engage in settlement talks armed with medical and financial proof.
   • If talks stall, file suit or progress your WIBA claim with DOSHS within your limitation window.
4. Throughout:
   • Follow your treatment plan and keep every receipt.
   • Avoid admissions on social media and keep communication through your lawyer.