what happens when you are comprehensively insured? the word comprehensive must mean something......like paying no matter the circumstances behind the accident?The Garage, which employed the late Driver, is vicariously liable for the acts and omissions of their said Driver.
Employers are responsible for negligent acts and omissions carried out by their employees in the scope and course of their employment.
However, if the mechanic was self employed (Jua Kali) and independent of the Garage, the car owner will have to go for the Mechanic’s Insurance and if he didn’t carry any insurance, he will have to sue the Mechanic’s estate for the loss.
Hii pesa alitoa kwa mashaitan,the poor mechanic ni sacrifice, sasa mashaitan watapatia owner WA hio gari helicopterAs much as it is cheap and convenient to use a Jua Kali for minor repairs, it can end up being very tragic and expensive if the Jua Kali collides and kill or maim some road-user(s).
You could get sued for the loss occasioned as the Mechanic was carrying out your business with your permission.
On the other hand, what would you do if you decided to sue the poor Mechanic estate only to discover that his entire estate has nothing of value to cover your losses? No land, no house, no shares or savings and on top of that, a widow and 5 children.
What do you do in such a scenario?
You can only do one thing under such circumstances: count your losses and move on.
Comprehensive Insurance policy covers the insured person, his vehicle as well as other involved in an accident.what happens when you are comprehensively insured? the word comprehensive must mean something......like paying no matter the circumstances behind the accident?
@Aviator angalia huyuHii pesa alitoa kwa mashaitan,the poor mechanic ni sacrifice, sasa mashaitan watapatia owner WA hio gari helicopter
I think it should cover your vehicle with no questions asked, that is why they pay whether or not you are at fault and even give you an extra charge of the excess protectionComprehensive Insurance policy covers the insured person, his vehicle as well as other involved in an accident.
The policy may also sometimes cover any other vehicle a policy holder drives.
But they do not cover your vehicle being driven by another person. Not especially when it is being repaired by a third party.
And this is what happens here in UK. Don’t know how it works in Kenya.
The advice comes from people and their experiences...anybody who leaves their car with their mech must have built years and years of trust with themHizi advice ati usiwache gari kwa mech / car wash huwa hazimake sense, most times mimi huona hutoka from people who have never owned a car. Sasa ni kazi utafanya, ni mbili utakamata with friends, ni mtoto uta baby-sit au ni gari utakalisha. People should learn to value their time
Yes, or a recommendation from people with years of trustanybody who leaves their car with their mech must have built years and years of trust with them
But that is not the point.Hehehe. Everyone assumes the mechanic was at fault. Which mech doesn't go for test drives?
No, they even ask for a list of people who will be driving the car, so list yangu iko na spouse & bro. Wengine watanyimwa gari tu..like paying no matter the circumstances behind the accident?
if he wasn't at fault third party ya the at fault car will cover so your insurance will pay and claimEven if he was not at fault, was he permitted and insured to drive that car?
That is the point otherwise he won’t have locus standi to claim.
It’s not always straight forward and clear cut.if he wasn't at fault third party ya the at fault car will cover so your insurance will pay and claim