Driver, police commissioner ordered to pay damages to insurance company

Mr Justice C. Farrugia Sacco in the first hall of the Civil Court yesterday condemned a driver, Lee Glass, and the police commissioner to pay almost Lm3,000 in damages to Middle Sea Insurance Co Ltd.

In its writ the company claimed that in April 1994 Lee Glass was involved in a traffic collision at Ta' Xbiex as a result of which four cars were damaged.

Glass had filed an insurance claim with the company, and after Middle Sea established that Glass was solely responsible for the accident it had paid damages to the drivers of the other cars. In all Middle Sea had paid Lm2,887.35 in damages.

The company said it had made this payment after a road accident report was issued by the police commissioner, for the report stated that Glass had a driving licence.

However, it subsequently resulted that Glass had never had a driving licence until June 10, 1994, that is, after the accident in issue. The company argued it had sustained damages in the sum of Lm2,887.35 as Glass did not have insurance cover for he did not have a driving licence, and it had paid this sum on the basis of incorrect information provided by the police commissioner. Middle Sea therefore requested the court to condemn Glass and the police commissioner to pay the damages sustained.

Glass did not file any pleas in this case, but the police commissioner pleaded that he had no juridical relationship with the company. The police commissioner also pleaded that the road accident report contained only the declarations made by the parties at the time of the accident, and that it was up to the company to verify the information it obtained. In fact, when Middle Sea had requested further information it was informed by Inspector Bayliss that Glass had no driving licence on the date of the accident.

In its judgment the court noted that there was no doubt that Glass was responsible for the accident, but he had filed a claim and the insurance had paid for the damage he had caused. However, once Glass did not have a driving licence he was not covered by insurance.

The insurance company had acted on the basis of the incorrect road accident report issued by the police commissioner, and it was obvious that the latter was responsible for the document issued by the police, even if the document was prepared by one of his employees.

Mr Justice Farrugia Sacco dismissed the pleas filed by the police commissioner and condemned both Glass and the police commissioner to make good the damages sustained by the insurance company.