Insurance wins €24,000 claim against driver over drunk-driving crash

An insurance company has won a civil claim against a driver after the court found he had breached his motor insurance policy by driving drunk before a crash, which left his passenger permanently injured.

Argus Insurance Company sued Dexter Bianco after it paid €24,170.79 to the passenger, who had been injured in a traffic accident on Triq is-Salina, Naxxar, in October 2009. The car had been insured under a third-party policy.

The passenger had previously sued Bianco, with the Court of Appeal finding Bianco responsible for three-quarters of the damage suffered. Argus then paid the damages, interest, judicial costs and VAT due to the passenger, before seeking reimbursement from Bianco.

Bianco denied that alcohol had affected his driving, arguing instead that the crash was caused by a sudden mechanical fault in the fuel pump, which allegedly caused the engine to cut out and the steering and brake pedal to stiffen.

However, the court noted that Bianco admitted drinking around seven bottles of Heineken that night. Evidence also showed that his blood alcohol level after the crash was above the legal limit applicable in 2009.

The court held that Argus had proved Bianco was driving under the influence of alcohol and had therefore breached the policy conditions. The court also found that there was no corroborating evidence for Bianco’s claim that a broken fuel pump caused the accident.

The court ordered Bianco to reimburse Argus €24,170.79, with costs and interest from the date of the official letter until payment.

Madam Justice Doreen Clarke presided over the sitting.