Are Road rage Claims payable by kenyan Insurance companies?
Road rage is a frightening phenomenon, where drivers get so angry behind the wheel that they drive dangerously or recklessly – occasionally resulting in an accident or even personal assault.
The Dictionary defines road rage as “any form of aggressive or anti-social behaviour that occurs when at least one party is involved in driving”. So if aggressive, or reckless driving results in an accident, and/or one of the drivers involved embarks in aggressive words or gestures, road rage immediately comes into play and must be reported to your insurance company.
Statistics on road rage are hard to come by. The Kenyan Insurance Act doesn’t quantify road rage incidents as it is notoriously hard to prove that one driver’s temper and/or driving style was the sole reason for an accident without ample witness evidence. That said, while recklessness, bad tempers and aggressive temperaments persist on the road, road rage in all forms is something drivers should be aware of and do their best to avoid.
If you are hit by a driver you feel was driving recklessly, gather as much evidence at the scene as possible – witness details, photos of the scene, notes on the weather conditions. You cannot rely on an insurance company simply taking your word for it: you need evidence.
Will my car insurance pay out?
Road rage is not classified as an accident by many Insurance companies in Kenya and hence not payable. In short, it may pay out for any damage done to third parties but most likely not cover any damage to the policy holder’s car.
Each incident is unique and will be investigated by the insurance provider before the claim is paid. If you’re the victim of a road rage incident, and the third party is known and insured, it’s likely that you will be able to claim off their insurance provider. If you’re the person dishing out the rage, then it’s likely that the provider would not pay out for damage to your vehicle but may pay out for any third-party damages. In addition, they may even take you to court in an attempt to seek damages from you.
The offence will also remain on your record and may result in higher premiums in the future.
It is recommended that calm should be maintained on the roads.
Article by Joseph Maina
B.Com Actuarial Science & AIIK