Protection and Compensation Fund
The Protection and Compensation Fund (PCF) was previously known as the Security Fund. This was originally established in 1986.
One of its functions includes the payment of compensation to third party accident victims of negligent uninsured or untraced drivers. The Security Fund and the PCF have entered into an agreement with the Motor Insurers’ Bureau (MIB) by virtue of which the MIB has assumed the duty of paying such compensation, generally in cases other than those involving an insolvent insurer. In the case of a motor liability claim against an insolvent insurer, the claim has to be addressed directly to the PCF.
The Motor Insurers’ Bureau
The Motor Insurers’ Bureau (MIB) was established in 1986 and comprises all the insurers that are licensed to transact motor insurance business in Malta. Membership of the Bureau is compulsory at law for these insurers. The MIB acts as the insurer of last resort to compensate third party accident victims of negligent uninsured or untraced drivers. The MIB does not compensate victims who have already been compensated from another source.
When the damages are caused by uninsured drivers, MIB covers both the damage for physical injury (including death) and/or property damage sustained.
- Ineffective Policies – Breach of a Policy Condition by the Insured
If there is an insurance policy in force which is however ineffective due to a breach of a policy condition, the insurer who issued this policy must still handle the relative third party claims.
An insurer will handle such claims not out of a duty arising from the policy, but because he has undertaken with the MIB to act as if he was the insurer – to act as ‘insurer concerned’.
This means that in this manner, a victim of an accident will not be deprived of third party liability cover, notwithstanding the presence of certain conditions which would otherwise invalidate the relative policy. However, the insurer will be able to recover any payments which he has effected to the victim from the policyholder.