Can the Small Claims Court Handle Road Accident Cases? The High Court Says No
If you’ve been in a car accident and are thinking of filing a compensation claim, you might be wondering: Can I take my case to the Small Claims Court?
The short answer? No.
A recent High Court ruling by Justice Kizito Magare in Mombasa has reaffirmed that road accident compensation cases (also known as “running down” cases) cannot be heard in the Small Claims Court. This decision settles an important legal question and has big implications for anyone looking to recover damages after an accident.
What Was the Case About?
Two applications were brought before Justice Magare, asking him to review his earlier ruling that said the Small Claims Court does not have the power to handle car accident cases. The applicants essentially wanted the court to change its mind.
But the judge was firm. He ruled that his previous decision stood and dismissed the applications, stating that courts must operate within their legal limits. In simpler terms, he said:
The Small Claims Court cannot hear road accident cases because the law does not allow it. If you have a claim related to a car accident, you need to go to a higher court, such as the Magistrate’s Court.
Why Can’t the Small Claims Court Handle Car Accident Cases?
The Small Claims Court was created to handle simple civil disputes—things like unpaid debts, small contracts, or property damage—as long as the amount is Ksh 1 million or less.
But car accident cases are rarely simple. They often involve:
- Determining who was at fault (driver A or driver B?)
- Insurance claims (what does the policy cover?)
- Medical reports and injuries (how much should be compensated?)
These issues require more detailed legal analysis, which is why the law does not allow the Small Claims Court to handle them.
What Should You Do If You Have a Car Accident Claim?
If you’re involved in a road accident and want compensation, do not file your case in the Small Claims Court—it will be dismissed.
Instead:
- File your claim in the Magistrate’s Court – This is the right court for personal injury and accident-related claims.
- Get legal advice – A lawyer can help you understand the best way to proceed, especially when dealing with insurance companies.
- Gather evidence – Police reports, medical records, and witness statements will strengthen your case.
Final Thoughts
This ruling is an important reminder that choosing the right court is crucial when filing a legal claim. While the Small Claims Court is great for quick resolutions of simple cases, it is not the right place for road accident claims.
If you or someone you know is dealing with a car accident claim, file it in the correct court to avoid delays and unnecessary legal costs.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat on 0708111222.