The Protection and Compensation Fund covers the following additional cases of compensation:
COMPENSATION IN RESPECT OF DEATH OR BODILY INJURY TO ANY PERSON THROUGH USE OF A MOTOR VEHICLE
The Fund shall make payments in respect of civil liability to any person caused by or arising out of the use of a motor vehicle if:
- the applicant for payment is unable to trace any person responsible for the civil liability;
- the civil liability was caused in such circumstances that on the balance of probabilities the unidentified person would be liable to pay damages to the applicant in respect of such civil liability;
- the liability of the unidentified person to pay damages to the applicant is one which is required to be covered by insurance under compulsory insurance legislation;
- the civil liability was not caused by a deliberate attempt to run down the deceased or injured person; and
- the application for compensation is made in writing within two years from the date of the event giving rise to the civil liability.
However, payments relating to damage to property shall only be made where the Fund has paid compensation for significant personal injuries to victims of the same accident in which damage to property was caused by the use of a vehicle by an unidentified person. In such cases, the Fund shall apply an excess of € 500 for which the person suffering such damage to property may be responsible.
Payment for compensation shall be of such amount as a court in Malta applying Maltese law would assess as damages which an applicant would have been entitled to recover from the unidentified person in respect of that civil liability, if proceedings to enforce a claim for damages in respect thereof had been successfully brought by the applicant against the unidentified person.
COMPENSATION IN RESPECT OF CASES ARISING FROM THE USE OF VEHICLES STOLEN OR OBTAINED BY VIOLENCE
In the case of an accident arising from the use of a stolen vehicle or a vehicle obtained by violence and giving rise to civil liability, compensation by the fund to the injured party shall be made in the following circumstances:
- persons who do not have express or implied authorisation to drive the vehicle; or
- persons who do not hold a licence permitting them to drive the motor vehicle concerned; or
- persons who are in breach of the prescribed technical requirements concerning the condition and safety of the motor vehicle concerned,
In the case where civil liability relates to damages to property, the Fund shall apply an excess of €232.94 with respect to each and every payment.