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Legal process of getting compensated after an accident
By Mugo Joseph | Updated Mar 13, 2018 at 14:14 EAT
Past accident scene [ File image]
  • Every passenger has a right to arrive at his desired destination
  • An injured party can institute legal proceedings in Courts with competent jurisdiction
  • There are many reliefs that a Court gives towards accident cases

Fatal accidents occur in the most unexpected ways. Many people a suffer body and psychological injuries after an accident while others lose their loved ones. Even if the government is trying to reduce the number of accidents, more are still occurring and claiming the dear lives of our loved ones. It is very important to know what to do if such a thing occurs or happens to you or your friend or family. 

Many people go unaccounted for

Many people go without pursuing their legal rights. Some accidents occur due to negligent of the drivers or any other road users, some due to vehicle defects. Others may occur in inevitable circumstances that or due to acts that we cannot control for example landslides and floods. Each circumstance is different and unique in its own way. 

Every passenger has a right to arrive at his desired destination. If they suffer injury due to the driver's negligence, he or she has her legal rights under the law. The right to institute a petition in Courts of law claiming that their rights have been denied, threatened, violated or infringed.

The law is wide and it can be interpreted in a very wide scope. An injured party can institute legal proceedings in Courts with competent jurisdiction and get the necessary legal remedies from the action. 

There are many reliefs that a Court will give in respect to such an action;

Declaration of rights of the injured party

This is a stand that is taken by the Court to state that truly the rights of the injured party have been violated. It is not a legal remedy that stands on its own. It is effective if it is followed and or supported by other legal remedies so as to provide relief to the injured persons. 

Order of compensation

This could take two forms. One is compensation on liquefied damages. This is a monetary compensation given to the injured party whose value is already known and certain. This could take the form of hospital bills, loss of income and the loss of future income. Mathematical calculations are done so as to ascertain these amounts. Courts will if satisfied by the evidence produced by the injured party make a judgment for the payment of such damages. 

The second compensation is for unliquidated damages. When an injured person suffers some pain or psychological injuries, their value is not known. It is not possible to ascertain the value of their psychological value that was damaged. The Courts may require a doctor's report on the extent of pain and psychological damage that the injured person incurred. The Court then makes a discretionary decision of awarding any reasonable amounts of compensation.

Other necessary orders to that effect

The most common order is an injunction. An injunction may be affected by the Court prohibiting such a vehicle from being driven in the Kenyan roads until the Courts have made a judgment in the case. This prohibits such a driver from running away or out of the jurisdiction of the Court. This kind of an injunction is called Mareva injunction. It could be either permanent or temporary in nature. It could also be interparte or exparte. 

Interparte means an injunction ordered by Courts in the presence of the other party that is the driver or the vehicle owner. Exparte injunction is a Latin word meaning an injunction made by the Court in the absence of the other party.

A permanent injunction is also called a perpetual injunction which runs without time limits for an expiry. A temporary injunction is time-limited and goes for a particular period of time. Once it expires, the party involved can apply to Court for the renewal of the injunction period.

Everybody has a right to be compensated

Compensation means that the party who is found guilty is ordered by the Court to pay you as the injured party. Nothing should be left to chance. If injured, seek legal advice from a competent, licensed, experienced and renowned advocate. The advocate will help you to get the most legal remedies possible by the use of Court procedures and or the use of Alternative Dispute Resolution.

Alternative Dispute Resolution means that the injured party can seek redress from the reckless driver, the owner of the vehicle or the motor vehicle insurance. If properly compensated in that process, the injured party does go to Court. He may, however, go to Court to appeal the award in the Alternative Dispute Resolution if he feels that the decision was biased or made in ignorance of the law.

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