The main objective of this study was to establish the determinants of compensation to road traffic accident claimants in Kisumu, Kenya. To achieve this purpose of study, three specific research objectives are addressed. Firstly to determine the effect of ignorance of road traffic accident claimants on compensation, secondly to determine the role of legal proceedings on road traffic accident claims on compensation and thirdly to determine the effect of insurance companies’ policies on compensation to road traffic accident claimants.
The target population of this study comprise of 2740 respondents drawn from road accident claimants who have filed claims within Kisumu Law Courts, Lawyers and Advocates dealing with such cases in Kisumu, Magistrates and Judges handling such claims in Kisumu and claims managers of various insurance firms within Kisumu. The research utilized questionnaire, FGD and document analysis to collect the data. The data collected was coded and analyzed through inferential statistics to test the hypotheses.
Table of Contents
CHAPTER ONE INTRODUCTION
CHAPTER TWO LITERATURE REVIEW
CHAPTER THREE RESEARCH DESIGN AND METHODOLOGY
CHAPTER FOUR DATA ANALYSIS, PRESENTATION AND INTERPRETATION
CHAPTER FIVE SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS
Research Objectives and Themes
The primary objective of this research is to establish the determinants of compensation for road traffic accident claimants in Kisumu, Kenya, specifically focusing on the challenges within the legal and insurance systems. The research investigates how claimants' ignorance, the complexity of legal proceedings, and insurance company policies influence the efficacy and adequacy of compensation awards.
- The impact of claimant ignorance on compensation outcomes.
- The role of the judicial system and legal proceedings in accident compensation.
- The influence of insurance company policies on compensation accessibility and adequacy.
- Evaluation of the existing legal framework regarding tort and liability in Kenya.
- Analysis of factors such as corruption and unethical legal practices affecting compensation.
Excerpt from the Book
2.2.1 Claim Accident Compensation
There are a lot of misconceptions about what you can and can't claim for when you have suffered an injury, and just how much you should expect to receive in compensation for your accident. The study will cover the basics here, so you will know what your lawyer is talking about, and try and give you some examples of the range of damages that certain injuries attract. General & special damages for personal injury: accident victims are entitled to be compensated for all the losses that have suffered as a result of an accident, which may include: damage to clothing and property, loss of earnings and any quantified loss.
In addition you should be compensated for the pain and suffering that you have gone through as a result of the accident and the consequent injury. Finally you can also claim for any future losses you may suffer, of example an inability to work, loss of promotion prospects, and perhaps an inability to take part in certain sports or hobbies. Lawyers like to split the amount of compensation you should receive (damages) into two separate categories called general and special damages. Basically special damages are all those which are easily quantifiable - loss of earnings, medical expenses, taxi fares, ruined clothes etc. Try and make sure you keep a record of any additional expenses that you incur (including receipts if you can), as this will ensure you do not forget any and that your lawyer can claim them back on your behalf.
Summary of Chapters
CHAPTER ONE INTRODUCTION: This chapter introduces the background of the study, the research problem, and the objectives related to road traffic accident compensation in Kenya.
CHAPTER TWO LITERATURE REVIEW: This chapter reviews existing global and local literature on road traffic accidents, compensation concepts, and the legal theories of tort.
CHAPTER THREE RESEARCH DESIGN AND METHODOLOGY: This chapter outlines the research design, target population, sampling techniques, and data collection instruments used to conduct the study.
CHAPTER FOUR DATA ANALYSIS, PRESENTATION AND INTERPRETATION: This chapter presents the statistical analysis of the collected data, including demographic information and the testing of the research hypotheses.
CHAPTER FIVE SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS: This chapter summarizes the key research findings, provides conclusions, and offers recommendations for policy improvements and future research.
Keywords
Road traffic accidents, compensation, claimants, litigation, insurance policies, tort system, legal proceedings, Kisumu, negligence, damages, claimant ignorance, public health, judicial system, liability, accident prevention.
Frequently Asked Questions
What is the core focus of this research work?
The research fundamentally examines the determinants influencing the compensation of road traffic accident claimants in Kisumu, Kenya, identifying why many victims struggle to receive adequate payouts.
What are the primary thematic areas covered?
The study covers the impact of claimant ignorance, the effectiveness of the judicial process, and how insurance company policies and practices affect the compensation process.
What is the ultimate goal of this study?
The goal is to establish the specific factors determining compensation and to provide recommendations for reforming the current compensation system to improve accessibility and fairness.
What scientific methods were applied in this study?
The research employed an explanatory research design, using both qualitative and quantitative methods, including structured questionnaires, interviews, and a survey of documentary records.
What does the main body of the work analyze?
The main body provides an extensive literature review, details the methodology, and performs statistical analysis including Chi-square tests and Multiple Regression Analysis to evaluate the predictors of compensation.
Which keywords characterize this research?
Key terms include Road traffic accidents, compensation, litigation, insurance policies, tort system, and claimant ignorance.
How does the researcher define the "hazard" of accidents?
The text defines the "hazard" of road traffic accidents as those risks occurring not due to the personal fault of any individual, thereby suggesting that responsibility should be assigned to the insurer.
Why is the "no-fault" law discussed in the context of the Kenyan system?
The study argues that introducing a no-fault law would eliminate the cumbersome and expensive litigation process, ensuring that insurance premiums are effectively used for their intended purpose: providing compensation.
What role does the "ambulance chaser" concept play in the findings?
The findings identify "ambulance chasers" as unscrupulous individuals within the legal profession who exploit claimant ignorance to manipulate the compensation process for personal gain.
- Citar trabajo
- Julius Kipkosgei (Autor), 2013, Determinants of Compensation to Road Traffic Accident Claimants in Kisumu, Kenya, Múnich, GRIN Verlag, https://www.grin.com/document/1191918
