Responsibility denied

On February 23 I was proceeding along Tal-Balal Road in the direction of San Gwann when suddenly due to high winds a roadside mirror crashed onto my car. My wife and I had the fright of our lives and we were lucky that the windscreen didn't break...

On February 23 I was proceeding along Tal-Balal Road in the direction of San Gwann when suddenly due to high winds a roadside mirror crashed onto my car.

My wife and I had the fright of our lives and we were lucky that the windscreen didn't break because we would have ended up in hospital. However my car sustained damages which cost Lm60 to repair. The police were notified and they filed a report.

I went to my insurance office as my car was fully comprehensive and tried to make a claim. But I was informed that since it was not a case of colliding with another vehicle I had first to pay Lm200 excess. Needless to say, I wouldn't pay Lm200 when the damage amounted to only Lm60.

Then I went to the Naxxar and Gharghur local councils. Both denied any responsibility and informed me that it was the ADT that was responsible for that road. So I wrote to the ADT. After a fortnight I still had not received a reply, nor even an acknowledgement. I had to phone them three times before being told that my complaint had been received and that I would receive a reply soon.

On April 5 I received the reply from the ADT. It stated: "The ADT appreciates and understands the inconvenience which may have been caused... however it cannot accept the responsibility for the damage... Therefore the ADT is not in a position to entertain reimbursement of your claim."

Had my wife or myself been injured or killed by the road mirror, whose responsibility would it have been? Is anyone accountable for anything in Malta?

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