• By Raymond Momanyi

An Accident on the Bypass: A Boda Boda Rider's Nightmare

Monday morning traffic in Nairobi is a familiar beast. For Brian, a boda boda rider, it’s just another day navigating the city's arteries. On this particular morning, he has a passenger, and he's riding from Karen to Langata. He’s a careful rider—he signals, he waits for his turn, he respects the rules. But on the Southern Bypass, his caution is met with another driver's recklessness.

A black Audi, impatient to get ahead, attempts a dangerous overtake. Forced to swerve back into the lane by oncoming traffic, the Audi slams into the back of Brian’s motorcycle. The impact is severe. Brian and his passenger are thrown to the tarmac, sustaining serious injuries. The motorcycle is a wreck. The Audi driver is unharmed, but his car's front is crumpled.

In seconds, a crowd gathers. The air thickens with tension. The driver, clearly at fault, is now surrounded. This is a scenario that plays out far too often on our roads. What happens next? Let's break down the options, the insurance implications, and the harsh realities of this situation.

The Immediate Aftermath: Mob Justice and a Driver's Fear

The driver of the Audi is in a dangerous position. An angry mob can be unpredictable.

• What should the driver do? His first priority is safety. He should remain in his car, lock the doors, and call the police immediately. Exiting the vehicle to argue or plead can escalate the situation. He should also try to call his insurance company to report the accident.
• What if the mob burns the car? This is a terrifying but possible outcome. Standard comprehensive car insurance does not typically cover damage from riots or mob action. For this, a vehicle owner needs an extension on their policy, often called a Riot, Strike, and Civil Commotion (RSCC) cover. Without this specific extension, the car owner would have to bear the full cost of their burned-out vehicle.

Rights and Recourse: What Brian and His Passenger Must Do

Brian and his passenger are the primary victims here, and they have clear rights.

1. Seek Immediate Medical Attention: Their health comes first. They should get to a hospital as soon as possible. The medical reports generated will be crucial for any future insurance claims or legal action.
2. File a Police Report: An official police report is non-negotiable. It is the primary document that validates the accident for insurance purposes. Brian must ensure the report accurately captures the events and clearly states the Audi driver was at fault.
3. Initiate an Insurance Claim: The most direct path to compensation is through the Audi driver’s insurance. Since the Audi driver is at fault, his insurance is legally obligated to compensate the third parties—that is, Brian and his passenger. This is known as third-party liability.

Untangling the Insurance Claims

This is where things get technical. Who pays for what?

• Will Brian's and his passenger's injuries be covered? Yes. The Audi's insurance is responsible for covering the medical bills, pain, suffering, and any lost income for both Brian and his passenger. They are considered third parties who suffered injury due to the insured driver's negligence.
• Will the Audi be repaired by insurance? This depends on the Audi driver's policy. If he has Comprehensive Insurance, his insurer will pay for the repairs to his car (minus any excess). If he only has the legally required Third-Party Only (TPO) insurance, he will have to pay for his own car's repairs out of pocket.
• Will the motorcycle be repaired? Yes. The damage to Brian’s motorcycle is a third-party property damage claim. The Audi's insurance is responsible for covering the cost of repairs or providing a cash equivalent for its pre-accident value. Brian's own insurance (likely TPO for his boda boda) will not cover his own motorcycle's damage.
• What should Brian report as the cause of the accident? Honesty and accuracy are key. He should state the facts clearly on the claim form: "Hit from behind by a vehicle that was attempting an unsafe overtake." He should never admit liability. He should simply describe what happened.

Our Thoughts at Imana Insurance Agency

This scenario is a stark reminder of the risks on our roads every day. It highlights why having the right insurance isn't just a legal requirement; it's a critical financial and personal safety net.

For boda boda riders like Brian, having a PSV-compliant policy that includes a Personal Accident (PA) cover is crucial. While the third party's insurance will eventually pay, a PA cover provides immediate funds for medical care without the wait.

For drivers, this incident underscores the immense value of Comprehensive Insurance with additional riders like the RSCC extension. A single moment of recklessness can lead to devastating financial loss, and being underinsured only makes it worse.

Navigating the aftermath of an accident—dealing with police, hospitals, and insurance companies—is incredibly stressful. This is where having a trusted insurance intermediary is invaluable. We help you understand your policy, ensure you have the right coverage from the start, and guide you through the entire claims process to ensure a fair and prompt settlement.

Don't wait for an accident to find out if you're properly covered.

Need to review your motor, medical, or business insurance? Contact Imana Insurance Agency Kenya Ltd. We assist our clients in comparing and buying the best policies for their needs.

Location: 4th Floor, Krishna Centre, Woodvale Grove, Westlands, Nairobi. Website: www.imana.co.ke or www.mykava.co.ke Call/WhatsApp: +254796209402 | +254745218460