WHAT YOU MUST DO WHEN THE OTHER VEHICLE FLEES THE SCENE

No one ever expects to be part of a hit and run. When a collision happens, the shock and confusion already weigh heavily. But when one of the vehicles involved disappears, leaving you with damage, questions and the burden of proof, the situation becomes even more difficult. Knowing what steps to take immediately and in the hours and days that follow can make all the difference in securing justice, compensation and your own safety. Below is a step by step guide on how to respond if one of the vehicles involved in an accident escapes:

1. Stay Calm, Stop and Secure the Scene

The very first step, no matter how shaken you feel, is to stop your vehicle (if possible) and make sure everyone is safe. Turn off your engine, switch on hazard lights and if you have them, deploy warning triangles or flares to alert other drivers. Move to a safe spot off the road if the car is still drivable. Your safety and that of any passengers or pedestrians always comes first.
If you or others sustained injuries, request medical help immediately or call an ambulance. Even injuries that seem minor must be checked. Shock or internal injuries are not always visible.

2. Try to Mark the Number Plate, Make & Model and Other Identifying Details

When the other driver flees, every piece of information you can capture becomes invaluable. Quickly but safely take note or better yet photograph the fleeing vehicle’s number plate (even partial), make, model, color and direction of travel. Use your phone or camera to zoom, zoom out, capture angles or panoramic shots that might catch the vehicle in motion.

Also note any unique features: bumper stickers, dents, wheel rims, tinted windows or even unusual sound. Did the vehicle accelerate, brake sharply, turn left or right or disappear down a side road? Write it all down while it’s fresh in your mind. Eyewitnesses in the area might also have caught something. Ask them for statements or their phone contacts to follow up.

3. Document Everything About the Scene

Even before the vehicles are moved, begin documenting the scene comprehensively. Use your phone or camera to take wide-angle photos that show:

- The point of impact on your vehicle
- Damaged parts, broken lights or bent frames
- Tire skids, debris or scattered parts
- The roadway layout, lane markings, surroundings or nearby landmarks  
- Any obstacles, drainage, potholes or road conditions
- The position of your vehicle relative to traffic and other infrastructure

If you can, video the scene narrating what you see and when. Describe relative positions and distances. These records will become crucial evidence for police and insurance claims later.

4. Call the Police Immediately

After ensuring safety and recording as much as possible, call the police or traffic officers. In Kenya, under the Traffic Act Cap. 403, a driver involved in an accident is required to report it to the nearest police station within 24 hours.

Tell the dispatcher you were involved in a crash and that the other party fled. Provide your location, details of damage, any injuries and what you observed about the fleeing vehicle. Wait for the officers to arrive. If they delay, go to the nearest station and file a report. The police will prepare a police abstract or accident report, which is often mandatory for insurance and legal claims.
When the officers arrive, ensure they log your full statement, including your observations and evidence. Ask for the badge number, name and station of the officer recording your report.

5. Exchange (What You Can) and Collect Witness Information

Even though the fleeing driver didn’t stay, there may have been pedestrians, other drivers or bystanders who saw something. Ask around to get names, contact numbers and statements from any eyewitness. A credible witness can make or break your case.

Also, exchange all your details properly: your name, phone, your vehicle registration number, insurance details and the time of the accident.

6. Contact Your Insurance Company Immediately

Call your insurance provider as soon as you can. Some policies require prompt reporting of any incident. Explain clearly that it was a hit and run. Send them the police abstract number, photos and witness contacts. Your insurer will tell you what next steps and documentation they require.

If your policy includes uninsured motorist cover or hit and run protection, this will be helpful. But even without it, your insurer often investigates and may pursue recovery of costs from the Motor Vehicle Insurance Pool if the culprit is never traced.

7. File a Claim and Submit All Evidence

To make a formal claim, you’ll likely need to submit:

- The police abstract / report
- Your insurance policy details
- Photos, videos and written statements
- Quotes or invoices of repair costs
- Medical reports (if injuries)
- Witness statements

Insurers will usually send an assessor to inspect the damage or request you go to an approved workshop. They’ll establish liability, assess repair cost and determine what compensation you’re entitled to.

Keep receipts, repair estimates and all communication documented. Communication via email or letters is better than verbal.

8. Seek Legal Advice if Needed

In serious cases like heavy damage, severe injuries or if insurer denies your claim, consult a lawyer experienced in traffic law. Under Kenya law, you may hold the fleeing party accountable if they can be traced. If not, you may still pursue a claim against the Motor Vehicle Insurance Fund or other compensation avenues.

A lawyer helps in preparing formal demand letters, representing you in court, negotiating with insurers and ensuring your rights are upheld.

9. Cooperate, Follow Up and Stay Vigilant

- Stay in touch with the police to follow any leads.
- Monitor your insurance claim and follow up if delayed.  
- Notify relevant authorities or community groups if any suspect details (license plate, model, direction) come up.  
- Keep all your evidence and documents until case is resolved. Sometimes a resolution may take months.

Why Each Step Matters

- Marking the number plate or detail gives authorities a lead to chase.  
- Scene documentation preserves perishable evidence. Once vehicles are moved or weather changes, valuable clues vanish.  
- Police reporting makes your case official and enables legal or insurance follow-up.  
- Witness statements can corroborate your version during investigation or court.  
- Prompt insurance notification ensures you meet policy conditions and accelerates repair or payment.  
- Legal advice ensures you don’t accept less than you deserve or get misled by insurers.

Real-World Tips & Common Pitfalls

- Do not chase the fleeing car for you may endanger yourself further.  
- Don’t admit blame or make promises. Limit comments to facts.
- Do not sign anything before understanding it, especially from third parties.  
- Avoid leaving the accident scene unless you or others face danger.
- Be suspicious of people offering quick fixes or “deal only” off record. Always insist on proper reporting.  
- If possible, install and maintain a good dashcam because it is often your strongest evidence.

Conclusion

A hit and run accident adds emotional stress and responsibility to an already traumatic situation. But by following these steps: documenting carefully, getting police involved, acting quickly with insurance, gathering witness support and seeking legal guidance, you turn uncertainty into a defined process. Every decision you make in the minutes, hours and days after the crash matters. Your diligence can mean recovering compensation, holding someone accountable or simply gaining the peace of resolving a chaotic moment. In the end, preparation, clarity and lawful action are your best tools.

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