Someone else crashed my car: who pays?
Court of Appeal; Insurance Act · sources read 3 Oct 2026
The owner can be liable for someone else's careless driving if that person was driving with the owner's authority, on the owner's behalf. If the car was hired out for purposes the owner had no interest in, the owner escapes liability. The insurer pays only for liability the policy covers, for the drivers the policy names.
- Deadline
- A claim for an accident (a claim in tort) must be filed within 3 years of the accident.
- Where
- Your motor insurer; the courts for compensation claims
Steps
- Check your policy: it covers the people or classes of drivers it names. If the driver was not covered, the insurer may not pay.
- If you are sued as owner, the court presumes the driver was someone you are responsible for, unless there is evidence to the contrary. You can bring that evidence, for example that the car was used for purposes you had no interest in.
- If a court gives judgment for a liability the policy must cover, the insurer must pay the people entitled to the judgment.
Watch out
- An owner who hires out the car for purposes in which the owner has no interest or concern escapes liability.
- It is an offence to let someone else use your car on a road unless insurance is in force for that use.
- The insurer's duty to pay a judgment covers only liability within the terms of the policy.
Who this covers
- Vehicle owners whose car was driven by someone else, and people injured or harmed by that driving.
Official sources (3)
- Abdi Ali Dere v Firoz Hussein Tundal & 2 others [2013] KECA 167 (KLR), judgment of 20 September 2013 new.kenyalaw.org · read 3 Oct 2026
- Insurance (Motor Vehicle Third Party Risks) Act, Cap. 405 new.kenyalaw.org · read 3 Oct 2026
- Limitation of Actions Act, Cap. 22 new.kenyalaw.org · read 3 Oct 2026