Car accident in Malta: what to do and how to claim
After a road accident in Malta, the driver of every motor vehicle involved must stop and give his name and address, the owner's name and address, the insurer's details and the registration number to anyone with reasonable grounds to ask (regulation 67(1) of the Motor Vehicles Regulations, S.L. 65.11). What happens next depends on the type of accident. Where nobody is hurt and no public property is damaged, drivers who agree on the facts clear the road, exchange details and complete the insurers' accident report form, which must reach the insurers within two working days. If they disagree, they must call a community officer immediately. If anyone is injured or public property is damaged, the community officer, the Authority's enforcement officers or the Police must be notified at once.
Every vehicle used on a road must be insured against third-party risks (article 3 of the Motor Vehicles Insurance (Third-Party Risks) Ordinance, Cap. 104). As the injured party you have a direct claim against the other driver's insurer, which must give you a reasoned offer or a reasoned reply within three months. Compensation covers actual loss, expenses, lost earnings and loss of future earnings (article 1045 of the Civil Code), and the action is barred after two years in most cases (article 2153).
This guide takes you through the scene, the report, the insurance claim and court.
Key facts
Deadline
The accident report form must reach the insurers by the second working day after the accident (regulation 67(2)–(3) of S.L. 65.11); the insurer must answer a claim within three months (article 9B(6) of Cap. 104); an action for damages not arising from a criminal offence is barred after two years (article 2153 of the Civil Code).
What to do
Stop, secure the scene and help the injured. The driver of a motor vehicle involved in an accident causing injury to a person or damage to a vehicle, animal or property must stop (regulation 67(1) of S.L. 65.11). Switch on hazard lights, put on a reflective vest if you have one, and call 112 if anyone is hurt.
Failing to stop after an accident is a separate offence that carries penalty points under the Sixth Schedule to the Driving Licences Regulations (S.L. 65.18). After an accident, the police may require any driver involved to take a breath test, and in a serious traffic accident, where someone suffers bodily harm or dies, they must require it (article 15C of the Traffic Regulation Ordinance, Cap. 65). Do not drink alcohol after the accident before the police have dealt with you.
Exchange the required details. Each driver must give, when required by a police officer, community officer, an enforcement officer of the Authority or any person with reasonable grounds, his name and address, the name and address of the owner, the details of the insurer and the registration mark (regulation 67(1)). Any person against whom a claim is made must also state, on demand, whether he was insured and give the particulars of the policy (article 13 of Cap. 104).
Photograph the other driver's licence, the insurance disc or certificate, the number plates, the position of the vehicles before they are moved, the damage, the road markings and signs. Note the names and telephone numbers of witnesses, and the time and exact place.
Decide which reporting route applies. For a rear-end type collision listed in the Second Schedule to S.L. 65.11, where the front of one vehicle hits the part between the rear wheels of another, with no personal injury and no damage to public property, the drivers must clear the road and complete the insurers' accident report form (regulation 67(2)). The same applies to other accidents without injury where the drivers agree on the circumstances (regulation 67(3)).
If the drivers do not agree, they must immediately notify the community officer and give the required information (regulation 67(4)). If anyone is injured or public property is damaged, the community officer, the enforcement officer of the Authority or the Police must be notified immediately (regulation 67(5)). Do not move the vehicles in an injury case unless the police tell you to.
Complete and send the accident report form. The form supplied by your insurer, usually the European accident statement, must be delivered to the respective insurers by not later than two working days after the accident (regulation 67(2)–(3)). Fill it in at the scene with the other driver, tick the boxes that describe the manoeuvres, draw a sketch and both sign it. Keep your copy.
Sign only what you agree with: the form is the main evidence the insurers use to decide who was at fault. It is not admissible in criminal proceedings except in a prosecution for false information or at the request of the accused driver who completed it (regulation 67(6)). If you are unsure about the facts, write "circumstances disputed" and call the community officer instead.
Claim against the other driver's insurer. As the injured party you have a direct right of action against the authorised insurer of the vehicle that caused the accident (article 9A of Cap. 104). Send a written claim with the accident report, photographs, repair estimates, medical certificates and receipts. You may also sue the driver who caused the accident directly (article 9B(5)).
Within three months of your claim the insurer must either make a reasoned offer of compensation, where liability is not contested and the damages are quantified, or give a reasoned reply to the points in your claim (article 9B(6)). If no offer is made in time, interest runs on the compensation from the date of the claim, and the insurer can be penalised up to €11,646.87 payable to the Protection and Compensation Fund (article 9B(7)).
Quantify every head of damage. Under article 1045 of the Civil Code the person responsible must make good the actual loss directly caused, the expenses you were compelled to incur, loss of actual wages or other earnings, and loss of future earnings from any permanent incapacity, total or partial. Keep invoices for towing, repairs, car hire, medical treatment, physiotherapy and travel, and a letter from your employer about time off work.
Moral or psychological harm is compensated under the proviso to article 1045 only for certain intentional crimes, up to €10,000, so in an ordinary negligent collision do not expect a separate award for distress. A permanent disability is usually assessed by a medical expert appointed in the proceedings; keep all medical reports from the first visit to the hospital.
If the other vehicle is unidentified or uninsured, apply to the Fund. Where death, bodily injury or property damage is caused by an unidentified vehicle, or by a vehicle without compulsory insurance, the injured party may apply directly to the Protection and Compensation Fund, which must give a reasoned reply (article 9D of Cap. 104). Payment is subject to the conditions and limits in regulations under the Insurance Business Act.
Report a hit-and-run to the police immediately and keep the police report number; without it the Fund will find it hard to accept that the vehicle could not be traced. If the other insurer refuses to pay because it says it can avoid the policy, article 10 of Cap. 104 still obliges it to satisfy a judgement you obtain for a liability the policy must cover.
Go to court or the Arbiter if the claim is refused. If the insurer rejects liability or offers too little, file a claim against the driver and the insurer. The Small Claims Tribunal hears claims up to €5,000 (article 3 of Cap. 380), the Court of Magistrates up to €15,000 (article 47 of Cap. 12) and the First Hall of the Civil Court above that. Liability rests on fault: a person is liable for damage caused through his negligence, imprudence or want of attention (articles 1031–1033 of the Civil Code).
A complaint about your own insurer, for example on comprehensive cover or delays, can go to the Arbiter for Financial Services, provided you first complained in writing to the insurer within two years of learning of the matter (article 21 of Cap. 555).
Respect the prescription periods. An action for damages not arising from a criminal offence is barred after two years (article 2153 of the Civil Code). Where the accident involves a criminal offence, for example involuntary bodily harm, article 2154 applies the prescription rules of the Criminal Code instead, which may be longer, but do not rely on that without advice.
Negotiations with the insurer do not stop prescription. If two years are approaching and there is no settlement, file a judicial letter or a sworn application to interrupt it. When you sue the insured driver by judicial letter under article 166A of the Code of Organization and Civil Procedure, the driver must inform his insurer within fifteen days of service, or the resulting executive title will have no effect against the insurer.
What to watch out for
- Leaving the scene, even after a minor scrape. Regulation 67(1) of S.L. 65.11 requires every driver to stop, and failing to stop carries penalty points.
- Signing an accident report you do not agree with. Insurers rely on it; if the facts are disputed, call the community officer instead (regulation 67(4)).
- Sending the form late. It must reach the insurers within two working days (regulation 67(2)–(3)).
- Moving the vehicles or failing to call the police when someone is injured. Regulation 67(5) requires immediate notification.
- Waiting for the insurer beyond two years. Prescription under article 2153 of the Civil Code keeps running during negotiations.
- Not keeping receipts and medical reports. Article 1045 compensates only proven loss, expenses and earnings.
- Driving without valid third-party insurance. Using a vehicle uninsured against third-party risks is an offence under article 3 of Cap. 104 and carries heavy fines and penalty points.
Legal basis
Frequently asked questions
Do I have to call the police after a car accident in Malta?
Only if someone is injured or public property is damaged; then the community officer, the Authority's enforcement officer or the Police must be notified immediately (regulation 67(5) of S.L. 65.11). If nobody is hurt and the drivers disagree on what happened, call a community officer (regulation 67(4)). If you agree, you can complete the insurers' form yourselves.
How long do I have to report an accident to my insurer in Malta?
The accident report form must be delivered to the insurers by not later than two working days following the accident (regulation 67(2) and (3) of S.L. 65.11). Your policy may impose its own notification duties, so read it as well, but do not miss the two-day statutory deadline.
What details must drivers exchange after an accident?
Name and address, the name and address of the vehicle's owner, the insurer's details and the registration number (regulation 67(1) of S.L. 65.11). Anyone against whom a claim is made must also say whether he was insured and give the policy particulars on demand (article 13 of Cap. 104).
Can I claim directly from the other driver's insurance in Malta?
Yes. Article 9A of Cap. 104 gives the injured party a direct right of action against the authorised insurer. The insurer must make a reasoned offer, or a reasoned reply if liability is disputed or damages are not quantified, within three months of your claim (article 9B(6)); otherwise interest runs and a penalty may apply (article 9B(7)).
How long do I have to sue after a car accident in Malta?
Two years for an action for damages not arising from a criminal offence (article 2153 of the Civil Code). Where the accident amounts to a criminal offence, the Criminal Code's prescription rules apply under article 2154. Negotiations do not stop the clock, so file proceedings or a judicial letter before two years expire.
What compensation can I get after a road accident in Malta?
The actual loss directly caused, expenses you had to incur, loss of actual wages or earnings and loss of future earnings from permanent incapacity (article 1045 of the Civil Code). Moral damages are limited to certain intentional crimes, so an ordinary negligent collision does not usually give a separate award for distress.
What if the other driver was uninsured or drove away?
You may apply directly to the Protection and Compensation Fund, which must give a reasoned reply (article 9D of Cap. 104). Payment is subject to conditions and limits in regulations under the Insurance Business Act. Report a hit-and-run to the police at once and keep the report number.
Is the accident report form used against me in court?
Not in criminal proceedings, except a prosecution for false information or where the accused driver who completed it asks to use it (regulation 67(6) of S.L. 65.11). In the civil claim and in the insurers' assessment of fault, however, it is a key document, so sign only what you agree with.
Will the police breathalyse me after an accident?
They may require any driver involved in an accident to provide a breath specimen, and where the accident causes bodily harm or death they must require one (article 15C of the Traffic Regulation Ordinance, Cap. 65). Once warned, failing or refusing to provide a specimen is itself an offence and can lead to arrest (articles 15D and 15E), so cooperate and note the time of the test.
Where can I complain about my own insurer in Malta?
First complain to the insurer in writing; if the answer is unsatisfactory, go to the Arbiter for Financial Services. The Arbiter can hear the complaint if it was registered in writing with the insurer within two years of your first knowledge of the matter (article 21 of Cap. 555).
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