Dear Wazuans;

I have a third party insurance and someone hit my car when packed in a petrol station.

How do you make claims for this kind of nature?

The car that hit mine is also third party and we have a police abstract showing that he is the one on the wrong.

The car damaged my tire completely and i need compensation - kunaendanga aje.

You are the 3rd party in this accident if it is the other person who damaged your car (they were on the wrong). therefore they should repair yours through their insurance but they take care of repairs of their car from their own pockets.

It will only happen if the driver has been found guilty by a court of law not those useless police.

I am also a bit confused, forgive my ignorance lakini I have never filed a claim.
so when one has a comprehensive cover and they make a claim - assuming they were not in the wrong, their insurance will pay for the damage and then claim from the other guys insurance.

and what happens when you have comprehensive cover and you are the one at fault in an accident.

@Mjuaji,

To answer your question,this will be determined by the insurance cover you have in place i.e. comprehensive or third party insurance.

i) Comprehensive cover: Will indemnify you (return you to the position you were before the loss) and basically covers you against loss &/or damage to your vehicle including loss of accessories through acts of theft (read radio systems, spare wheel,battery if declared etc) and legal liabilities to third parties (read property damage & bodily injuries).

ii) Third Party only cover - This is the minimum insurance you should have in place as required by law. Basically it covers you against legal liability to third parties (property damage & bodily injuries) and does not cover any form of loss &/or damage to your vehicle.

- In your scenario, if you were covered on comprehensive basis, you may follow due procedure and claim from your insurance company who will then pursue the claim outlay (claim cost) from the third party insurer.

However, your vehicle will need to go through assessment first to determine the extent of damage and if found to be below excess (first part of the loss that the insured is supposed to bear in any accident to reduce the moral hazard i.e. frequent claimants usually 2.5% of the vehicle value) then you will be required to
repair your vehicle at your own cost. The insurance company will on the other hand assist you in recovering your cost at best from the negligent third party.

If your vehicle is covered on Third Party Only basis, then your insurer can only assist in recovering the cost incurred in repairing your vehicle ONLY.

The process is loooong and tedious, you'll get frustrated if your insurer is complacent but take your chances ama if all else fails, pursue the third party and ask for @Mawinder's help to poke him kiasi, a few threats hapa kule and viola!

All the best!

Even with the comprehensive cover, there are no guarantees that you will be compensated.
My vehicle was hit two years ago with extensive damage, I was made to pay for the excess charge (mind you I the other party was to blame) and later inquired why am being made to pay.
It was explained that when the insurer of the other party agrees to compensate my insurer, then the excess will be refunded.

Am still waiting to date...even after complaining to IRA, who have never acknowledged my letter.

Moral of the lesson, next time am involved in an accident, ambia jamaa aende kwa insurance yake na wewe make your repairs.