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your son was riding a bicycle from Port Mixed Primary school upwards towards John Osogo during lunch break. towards john osogo boys high school, he was hit by a motorcyclist/bodaboda rider. this costed you financial for his treatment and the bo suffered permanent injuries. the owner of the motorcycle has been elusive in compensating you. you wish to be compensated for the injuries suffered by the boy. this has affected the son\'s academic and social life since the accident. you reported the matter to the police. your son is called. write a demand letter addressed to the owner of the motorcycle and his driver who caused the accident. demand compensation for your sons injury and medical expenses. point out that the accident was due to the negligence of the motorcyclist who did not observe traffic laws. in the demand letter indicate intention to seek further legal actions including a claim suit in court should they fail to..
Demand Letter for Compensation for Injuries Suffered by Your Son
Introduction
This letter serves as a formal demand for compensation for the injuries sustained by your son, [Son's Name], as a result of a road traffic accident caused by the negligence of the motorcyclist, [Motorcyclist's Name], and the owner of the motorcycle, [Owner's Name].
Table of Contents
Background of the Accident
Negligence of the Motorcyclist
Injuries Suffered by Your Son
Financial Losses Incurred
Demand for Compensation
Consequences of Failure to Settle
Conclusion
1. Background of the Accident
On [Date of Accident], at approximately [Time of Accident], your son, [Son's Name], was riding his bicycle from Port Mixed Primary School towards John Osogo Boys High School during his lunch break. While riding on [Road Name], he was struck by a motorcycle driven by [Motorcyclist's Name], owned by [Owner's Name]. This accident resulted in [Son's Name] sustaining serious injuries.
2. Negligence of the Motorcyclist
The accident was a direct result of the negligence of the motorcyclist, [Motorcyclist's Name]. The motorcyclist failed to observe the traffic laws, specifically:
Article 220 of the Constitution of Kenya: This article guarantees the right to life and security of the person. The motorcyclist's reckless driving endangered the life and security of your son.
Section 10 of the Traffic Act, Cap 403, Laws of Kenya: This section states that every person driving a motor vehicle shall drive with reasonable care and consideration for other road users. The motorcyclist's failure to do so resulted in the accident.
Section 11 of the Traffic Act, Cap 403, Laws of Kenya: This section prohibits driving at a speed that is dangerous to the public. The motorcyclist's speed was likely excessive, contributing to the accident.
Section 12 of the Traffic Act, Cap 403, Laws of Kenya: This section requires drivers to maintain a safe distance from other vehicles. The motorcyclist failed to maintain a safe distance from your son's bicycle, leading to the collision.
3. Injuries Suffered by Your Son
As a result of the accident, your son, [Son's Name], sustained the following injuries:
[List of injuries sustained by your son]
These injuries have had a significant impact on your son's life, affecting his academic performance, social life, and overall well-being.
4. Financial Losses Incurred
The accident has resulted in significant financial losses for you, including:
Medical Expenses: You have incurred substantial medical expenses for your son's treatment, including hospital bills, medication, and physiotherapy.
Loss of Income: You may have had to take time off work to care for your son, resulting in a loss of income.
Other Expenses: You may have incurred other expenses related to the accident, such as transportation costs and childcare.
5. Demand for Compensation
You are demanding compensation for the injuries sustained by your son, [Son's Name], and the financial losses incurred as a result of the accident. This compensation should cover:
Medical Expenses: All medical expenses incurred for your son's treatment, including past and future expenses.
Loss of Income: Compensation for any loss of income you have suffered due to the accident.
Pain and Suffering: Compensation for the pain and suffering endured by your son as a result of his injuries.
Loss of Amenities: Compensation for the loss of enjoyment of life experienced by your son due to his injuries.
Other Expenses: Compensation for any other expenses incurred as a result of the accident.
6. Consequences of Failure to Settle
If you do not receive a satisfactory response to this demand within [Number] days, you will be forced to pursue further legal action. This may include filing a claim suit in court to seek compensation for your son's injuries and your financial losses.
7. Conclusion
You are requesting that [Owner's Name] and [Motorcyclist's Name] take full responsibility for the accident and compensate you for the injuries sustained by your son and the financial losses incurred. You hope that this matter can be resolved amicably without the need for further legal action.
Sincerely,
[Your Name]
[Your Contact Information]
[Date]
Sources:
Constitution of Kenya, 2010
Traffic Act, Cap 403, Laws of Kenya
Note: This demand letter is a template and should be adapted to your specific circumstances. You should consult with a lawyer to ensure that the letter is accurate and appropriate for your situation.
Answered by mwakili.com