Elderly woman d by car last year

damage as a result of a car accident, he or she will be entitled to compensation by law payable by the responsible person. Since third party liability insurance is compulsory, it is often the insurance company of the responsible party that ends up paying such compensation. Therefore the relationship between the injured party and the insurance company of the responsible party is not a contractual one, as is the case between the a policyholder and his/her insurance company which is determined by the policy wording, but one that is determined by tort law. Under Maltese law the injured party must prove that the other party acted negligently and that this directly resulted in loss or damage. In addition, jurisprudence has laid down certain rules and formulas that are used to calculate the amount of compensation payable.

“Technically the insurance company of the responsible party is only liable to pay compensation once a judgement in favour of the injured party and determining the amount of compensation is delivered by a court of law. In spite of this, in the majority of cases, insurance companies prefer to settle such cases outside court, particularly if there is no doubt as to responsibility for the accident. However for this to happen agreement on the amount of compensation has to be reached between the parties. Insurers would normally seek to determine that the amount claimed is fully in line with the law and with jurisprudence. This is why it is often the lawyers representing the injured party and the insurance company that will discuss, negotiate and agree this amount.

“Maltese law does not cater for partial payments of compensation. The injured party must quantify the full amount being claimed and it is only once this is accepted by the court in its judgement that payment become due. In addition Maltese law defines that compensation is to be paid only for actual expenses incurred by the injured party, and for loss of future earnings that is directly arising from any permanent disability resulting from the incident.

“Also, it is pertinent to point out that the injured party has an obligation to keep costs at a reasonable and acceptable level, and not to inflate such costs. It is understandable than any amount claimed has to be substantiated by the appropriate documentation, such as receipts, pay slips, income tax returns and medical reports. In many cases there may be differing expert opinion on, for instance the degree of disability incurred or the type medical treatment required, so it is very common that both parties appoint their own experts to draw up separate reports.

“In most cases these reports will only differ slightly in their conclusions, but there are cases where the opinions are very divergent. In such cases, unless agreement can be reached, the matter will have to be resolved in court, as then the court would appoint its own experts.

“An insurance company negotiating settlement with a third party has a duty to follow these rules and procedures as otherwise it may prejudice the rights of its policyholder.

“It also has an overriding duty that any payment made to third parties is according to the law and thus if it is paid in an out-ofcourt settlement, there must be reasonable evidence that the amount is what a court of law would have accepted as the compensation payable.

“We can assure you that in this case, as in all others we follow the above rules and procedures and are proud to say that in the large majority of cases agreement on a settlement is reached without the need to go to court.”

While Maria likes her independence, she does have issues with keeping her home clean due to her injury. She said that government will be probably be providing some sort of home help, and said that government takes part of her pension if she opts for home help. If she is not content with who they provide she would probably then have to look privately, she said.

“Shouldn’t the insurance be responsible for paying for this?”

Asked whether she is worried, he said yes with regards to her leg, and while making due with what she has financially, she is concerned.

“My mind is always on a possible amputation. I’m always worried.”

This newsroom has opted to keep the identities of all parties involved in this situation private for a number of reasons, including to protect the identity of the injured party, and to avoid prejudicing the ongoing situation.