Can a courier company limit its liability for a lost package?
- 05.08.2026
I own a commercial truck used in my logistics business in Malta, and it was recently involved in an accident while being driven by a driver I employ, rather than by me personally. I want to understand my potential liability as the vehicle owner in this situation, given I wasn’t the one actually driving.
As the owner of the vehicle and the employer of the driver, you can generally face liability under a combination of legal principles connected to the Civil Code, Chapter 16 of the Laws of Malta, including vicarious liability for the actions of your employee carried out within the course of their employment, meaning you could be held responsible for damage caused by your driver's negligent operation of the truck while performing their job duties, separate from any personal liability the driver themselves might also face. Beyond this general vicarious liability principle, your specific insurance arrangements for the commercial vehicle would also be centrally relevant, since mandatory motor liability insurance would generally need to properly cover the vehicle's use by your employed drivers in the course of your business operations, meaning your insurer's response and coverage would likely be the primary practical mechanism through which any resulting claims against you and your business are actually addressed. Given the potentially significant financial and legal exposure involved in a commercial vehicle accident, including both your civil liability exposure and any regulatory considerations specific to commercial transport operations, it would be important to properly notify your insurer promptly, cooperate with their investigation process, and consult a lawyer if the accident resulted in significant damage, injury, or if liability is being disputed, to ensure your position is properly protected.
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