Will the other driver's insurance pay for damage to my car?
Insurance Act · sources read 5 Oct 2026
Not always. The law only requires drivers to insure against death or injury to people, not damage to your car, so the other driver's insurer pays for your car only if their policy covers it. Otherwise you can claim from the driver in court, including the Small Claims Court for up to KSh 1 million, within 3 years.
- How long
- Small Claims Court: the law says your claim must be decided within 60 days of filing.
- Deadline
- Claim for damage caused by careless driving: within 3 years of the accident
- Where
- The other driver's insurer; the Small Claims Court or magistrates' court, including online on the Judiciary e-filing platform
Steps
- Ask the other driver's insurer whether their policy covers damage to other people's property. The law doesn't require it, so it depends on the policy they bought.
- If no insurer pays, you can claim the repair cost from the driver or owner. Claims for damage to property can go to the Small Claims Court.
- For bigger claims, file in the magistrates' court. You can file online on the Judiciary e-filing platform.
Watch out
- Every vehicle on the road must have third-party insurance, but that compulsory cover is about people, not cars.
- The Small Claims Court can only handle claims up to KSh 1 million.
Who this covers
- Owners whose car or other property was damaged by someone else's wrong, such as careless driving.
Official sources (4)
- Insurance (Motor Vehicle Third Party Risks) Act, No. 12 of 1945 (Cap. 405) new.kenyalaw.org · read 3 Oct 2026
- Small Claims Court Act, No. 2 of 2016 new.kenyalaw.org · read 5 Oct 2026
- Limitation of Actions Act (Cap. 22) new.kenyalaw.org · read 3 Oct 2026
- Frequently Asked Questions (FAQs) for E-filing System judiciary.go.ke · read 3 Oct 2026