Introduction
Road accidents can happen to anyone at any time. Knowing what steps to take immediately after an accident can help you protect your rights and avoid further complications. This article provides a step-by-step guide on what to do legally if you are involved in a road accident in Kenya.
1. Stop and Stay at the Scene
Kenyan law requires you to stop immediately after an accident, no matter how minor. Leaving the scene without reporting is considered a criminal offense. Stay calm, assess the situation, and ensure that everyone involved is safe.
2. Check for Injuries and Call for Medical Assistance
Your first priority should be the health and safety of everyone involved. Check for injuries and call an ambulance if needed. Even if the injuries seem minor, it's advisable to seek medical attention immediately. Some injuries may not be apparent until hours or days later.
3. Contact the Police
Once safety is secured, call the police. The police will document the accident and provide a report, which is essential for legal and insurance purposes. Make sure to obtain the Obstruction Receipt Number and the name of the officer in charge.
4. Exchange Information with the Other Driver
Exchange important information with the other parties involved, including: • Full names and contact details • Vehicle registration numbers • Driver's license details • Insurance information
Also, record details about the make, model, and color of the vehicles. If there are witnesses, request their contact information as well.
5. Document the Scene
Take as many photos and videos of the accident scene as possible. Capture the following: • Damage to all vehicles involved • The position of the vehicles before and after the accident • Skid marks, road signs, and traffic lights • Visible injuries and any other relevant details
This evidence can be crucial if there is a dispute about what happened.
6. Avoid Admitting Fault
Do not admit fault or make any statements that could be interpreted as taking responsibility for the accident, even if you think you may be partly to blame. Let the police and insurance companies determine liability based on the evidence.
7. Notify Your Insurance Company
Report the accident to your insurance company as soon as possible. Provide them with all the details and documentation, including the police report, photos, and the contact information of the other driver. Failure to report within a specified time frame may result in your claim being denied.
8. Seek Legal Advice
If the accident resulted in serious injuries, significant vehicle damage, or if you feel the need for further legal guidance, consult with a qualified lawyer. A lawyer can help you navigate the legal complexities, protect your rights, and advise on possible compensation claims.
9. File a Compensation Claim
If you suffered injuries or property damage due to the accident, you may be eligible for compensation. To pursue a claim, you must file a formal complaint with the relevant insurance company. Ensure that all required documents—such as medical reports, repair estimates, and the police report—are included to support your claim.
10. Attend Court Proceedings if Required
Depending on the severity of the accident and whether criminal charges or civil claims are involved, you may be required to attend court proceedings. It is advisable to have a legal representative with you during these sessions to ensure that your rights are protected throughout the process.
Conclusion
Road accidents can be overwhelming, but knowing the proper steps to take can help you handle the situation more effectively. Always prioritize safety, follow the legal requirements, and seek professional advice when necessary. If you need legal representation or assistance, contact Njaari Ngaruiya & Co. Advocates for expert guidance.