A driver who caused a head-on crash because of excessive speed has been ordered to reimburse the other driver's insurance company €14,000 paid in damages.  

The woman had been driving her husband’s Peugeot 106 from Siġġiewi to Rabat on January 10, 2014 when the accident took place.

The car skidded in a turn and crashed into an oncoming Jeep Compass.

The expenses suffered by the driver of the Jeep were forked out by Elmo Insurance, who provided comprehensive coverage and who subsequently turned upon the other driver to recover the sum, arguing that the Peugeot driver had been solely responsible for the accident.

The Jeep driver argued in court that the other woman had manoevred the bend at excessive speed, while the latter insisted that the Jeep had ended up on the wrong lane as it approached in the opposite direction.

Two police officers testified about 12-metre long brake marks compatible with the tyre-width of the defendant’s Peugeot.

Mr Justice Lawrence Mintoff concluded that the excessive speed by the defendant when taking the slippery bend had been the primary factor which had caused the Peugeot to skid and crash into the oncoming vehicle.

Evidence clearly showed that the defendant had been driving at some 46 km/ hr, in excess of the 40km/hr as alleged during her testimony in court.

The dynamics of the accident indicated that it was unlikely that the Jeep was being driven in the middle of the road, the court observed, adding that even if it were so, had the defendant been driving at a slower speed, both drivers would have somehow managed to avoid the impact.

For this reason, the Court declared that the defendant’s ‘self-inflicted incapacity’ had rendered her responsible for the accident, thereby ordering her to fork out €14,137 in damages to Elmo Insurance.

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