How to claim compensation in car accident in Kenya: The rate of vehicle related car accidents is on the rise. Many people experience psychological and physical injuries after car accidents with others losing their lives. In some cases, injured parties do not get compensated for their injuries. Here is a look at personal injury claims for car accidents.
An injured party in a car accident can get any of the following reliefs from court after filing a personal injury claim:
Declaration of rights of the Injured Person
The court will take this stand to declare that the injured person’s rights have been violated. This legal remedy does not stand alone but is supported by other remedies in order to provide compensation to the injured party.
Order of Compensation
There are two types of orders. First, you can get compensation for liquefied damages. Liquefied damages are monetary compensation provided to the injured party. These damages may be in the form of loss of income and hospital bills.
The other type of order is for unliquidated damages. These damages arise when the injured party suffers from psychological injuries. Unlike liquefied damages, the value of these damages cannot be computed. The court will require a doctor’s opinion on the psychological damages that a person has suffered. The court will then use this information to come up with a reasonable compensation award.
An injunction may be ordered by the court to prohibit the vehicle involved in the accidents from operation on Kenyan roads until the injured party has been compensated. This injunction is also known as the Mareva injunction and could be permanent or temporary.
Filing a Compensation Claim for Damages
The first step in making a claim for damages in a motor vehicle accident is registering with the court. You will be presented with a claim form that will require you to fill out the following information:
- Your name (Plaintiff’s name)
- The defendant’s name
- The type of accident
- The compensation you are claiming
The next step is that the court will assign a date for the hearing. After the hearing, you will be given the chance to settle the case with the defendant outside the court room. However, if a settlement is not reached, the case will go to trial where both sides will present their arguments. The court will finally make a ruling on how much compensation is to be paid out. As mentioned above, you may either get liquefied damages or unliquidated damages or both depending on the nature of your injuries.