Range Rover Accident: What Happens When Brand New Car Crashes Before It Gets To The Owner
- A fatal accident involving a Ranger Rover vehicle and a canter along Mombasa-Nairobi Road left Kenyans with a lot of questions
- Kenyans wondered who would compensate the person who had purchased the luxurious vehicle after it was completely written off following the accident
- Speaking to TUKO.co.ke, J.V Mwongole highlighted three key factors to be considered in deciding who will bear the loss in such a scenario
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Amos Khaemba, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.
Nairobi—J.V Mwongole, an advocate of the High Court of Kenya, has shared insights on what happens when a brand-new car crashes before reaching its owner.
Who was driving Range Rover crashed on Mombasa-Nairobi Road
On Tuesday, August 27, a brand new Range Rover collided with a canter along the Mombasa-Nairobi Highway.
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The police report indicated that two people died on the spot, and three others were injured after the swanky car collided with the FRR Isuzu canter at Maji ya Chumvi area.
According to the police, the luxurious vehicle was being driven by Jamal Mubarak, aged 37 years, and was being delivered to its new owner in Nairobi.
The driver was trying to overtake another vehicle at high speed when he collided head-on with the Isuzu canter, resulting in the luxurious vehicle being written off.
The horrible accident raised many questions from Kenyans about what would happen to the person who had purchased the Range Rover.
Speaking to TUKO.co.ke, Mwongole gave three key factors that will be considered when compensating the buyer.
Why change of ownership is key in deciding who bears the loss
According to the advocate, the first issue will be determining at what point the ownership and transfer risk were passed from the car dealer to the buyer.
He argued that if the contract stipulates that the risk passes to the buyer upon delivery, then the dealer will bear the loss, but if the risk passes to the buyer at the time of the sale, then the buyer will bear the loss.
"If the contract is such that the risk passes to the buyer upon delivery of the car, then the dealer might bear the loss. Conversely, if the nature of the contract is one that passes ownership and all the risks to the buyer at the time of the sale (once the transaction is completed), then the buyer might bear the risk," Mwongole said.
Mwongole pointed out that they will have to establish the person who contracted the driver to deliver the car.
According to the High Court advocate, the person who contracted the driver will bear the cost, especially if it's established that the driver's negligence caused the accident.
"For instance, if the driver was hired by the dealer and was acting as his agent/servant/employee, then the dealer might be liable for damages, especially if the driver's negligence caused the accident. Similarly, if the buyer hired the driver and was acting as the buyer's agent/servant/employee, with express permission to deliver the car, then the buyer might as well bear the risk, particularly if it's established that the driver's negligence caused the accident," he added.
Why insurance is critical during a car accident
The third important question to be determined is whether the car was insured when it was being delivered.
He pointed out that the insurance company should cover the damages in the event the car was insured before the accident.
If the vehicle was not insured, Mwongole argued that the decision on who bears the loss lies between the buyer and dealer, depending on the nature of their contract.
"If it was insured, the insurance company should cover the damages according to the terms of the policy. If it wasn't insured, the ball rolls back to the buyer and dealer, and the nature of the contract they signed comes into play, as explained above," he stated.
Proofreading by Otukho Jackson, a multimedia journalist and copy editor at TUKO.co.ke
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