Advert on accident procedures

I received a letter from Harold P. Darmenia regarding an advert placed by the Malta Insurance Association (MIA), which appeared on page 24 in The Times of May 11, about the procedure drivers involved in a bumper-to-bumper accident must follow.

In Mr Darmenia's opinion the advert misleads motorists into believing that in a bumper-to-bumper accident the only action that needs to be taken is to fill in an accident report. Mr Darmenia wrote that in cases where one of the vehicles happens to be a Government-owned vehicle the wardens have to be called on the spot.

Therefore, I asked Dr Anton Felice, director-general, MIA, for clarification:

It is not our intention to mislead private motorists so we would like to reproduce verbatim the relevant legal provision from Legal Notice 128 of 1994:

67. (1) If in any case, owing to the presence of a motor vehicle on a road, an accident occurs involving personal injury to another person or damage to any vehicle, animal or other property, the driver of the motor vehicle must stop and, if required to do so by a police officer, a local warden or by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the motor vehicle, the details of the insurer of the vehicle as well as its registration mark or number.

(2) Saving the provisions of the other subregulations hereunder of this regulation, where any case to which subregulation (1) applies consists in an accident fitting the description in the Second Schedule, but not involving personal injury or damage to public property, the persons involved in the accident shall take steps to ensure the immediate removal of anything which may be obstructing the free course of traffic and immediately thereafter exchange such information as is required by these regulations and give the relevant information on the circumstances of the incident on such appropriate forms supplied by the driver's or owner's insurers, which form shall be delivered to the respective insurers by not later than two working days following the date of the accident.

(3) Saving the other provisions of the subregulations hereunder of this regulation, where any case to which subregulation (1) applies consists in an accident which does not fit the description in the Second Schedule, but not involving personal injury or damage to public property, and the persons involved agree on the circumstances of the accident then, the persons involved in the accident shall exchange such information as is required by these regulations and give the relevant information on the circumstances of the incident on such appropriate forms supplied by the driver's or owner's insurers, which form shall be delivered to the respective insurers by not later than two working days following the date of the accident, and they shall take steps to ensure the immediate removal of anything which may be obstructing the free course of traffic immediately thereafter.

(4) Saving the provisions of the other subregulations of this regulation, where any case to which subregulation (1) applies consists in an accident which does not fit the description in the Second Schedule, but not involving personal injury or damage to public property, and the persons involved do not agree on the circumstances of the accident, then the persons involved in the accident shall immediately notify the local warden to whom they shall give such information as is required by these regulations.

(5) Saving the provisions of the other subregulations of this regulation, where any case to which subregulation (1) applies consists in an accident which involves personal injury or damage to public property, the persons involved in the accident shall immediately notify the local warden and, or the police, to whom they shall give such information as is required by this regulation.

(6) The form referred to in subregulation (2) shall not be admissible in evidence in criminal proceedings except:

(a) in criminal proceedings in respect of any false declaration or information in the aforesaid form; or

(b) at the instance of the accused who is the driver or owner who gave the relevant information in the aforesaid form.

We have of course conveyed these six paragraphs in simpler and plainer English, focusing our attention on the procedures that are mostly appropriate to private motorists on the scene of an accident. In so doing Mr Darmenia is right in saying that we have glossed over the privileged position of government vehicles or property - which are the exception rather than the rule. We have done so in the knowledge that wardens have been specifically instructed to advise the police in such cases, and that government motorists should be aware of the procedures to be followed in their special case.

We think it is important for your readers to know that insurers were not happy when the police authorities announced that they would be withdrawing their assistance to motorists involved in collisions. Theirs was an unbiased version of events to assist the resolution of disputes between motorists. When the discontinuance of this service became inevitable, insurers sought to fill the gap by engaging, at their own expense, private wardens to give similar assistance. We of course welcome any continuance by the Police of their previous service, both in the case of serious accidents involving casualties, and in the case of government property. (Dr Anton Felice, MIA)

I thank Dr Felice for his co-operation and clarification.