How to claim compensation in the event of car accident in Italy?
The Italian legislation (Legislative Decree No. 209 of September 7, 2005) establishes that motor vehicles, including trailers, can circulate on public roads (or equivalent areas) only if covered by third-party liability insurance. This insurance covers both liability for damage to property and for personal injury.
This is mandatory insurance, with its scope predetermined by law; the minimum coverage is set at €5,000,000.00 per accident for personal injury and €1,000,000.00 per accident for property damage.
How to Request Compensation
The compensation request must be sent to the insurance company by registered mail with return receipt or by certified email. The request must include the claimant’s details, a description of the accident’s dynamics, the other party’s details (if known), the location, date, and time where the property and/or vehicle can be inspected by a company technician, and a specification of the damages incurred. For damages caused by road traffic, the law sets a statute of limitations of two years, within which the claimant must act to request compensation. A longer period is provided in the case of a crime (e.g., personal injury or manslaughter).
The law outlines various compensation procedures.
The passenger must send their request to the insurance company of the vehicle in which they were traveling at the time of the accident, regardless of the driver’s liability.
In the event of an accident between two identified motor vehicles that are legally insured with a company based in Italy, the damaged drivers must contact the insurance company of their own vehicle and not the responsible party’s company. This procedure is called “Direct Compensation” and covers both vehicle damage and personal injury to the driver.
Direct Compensation does not apply:
a. For personal injuries considered “severe” under the private insurance law;
b. If more than two vehicles are involved;
c. If one or more involved vehicles are registered abroad;
d. If one or more involved vehicles are unidentified and/or uninsured;
e. If there was no collision between the vehicles.
In the above cases, the injured party must submit their claim to the responsible party’s insurance company.
In the case of an accident between an Italian vehicle and a vehicle registered abroad, if the responsible party is the driver of the Italian vehicle, the injured party must seek compensation from the Italian insurance company.
In the event of an accident with an uninsured or unidentified vehicle, the injured party must request compensation from the Road Victims’ Guarantee Fund, a public entity overseen by the Ministry of Economic Development. Upon receiving the request, the Fund appoints an insurance company to handle the case and provide compensation. The Fund does not intervene in all cases of damage, as its jurisdiction is limited; however, personal injuries are always covered.
Compensation Timelines
Upon receiving the compensation request, the insurance company must request additional documentation if the documents are incomplete within 30 days and process the claim within set time limits, which are 60 days for property damage and 90 days for personal injuries (the latter period starts from the medical certificate confirming the end of the convalescence).
Within these timeframes, the insurance company must either:
– Send the claimant a compensation offer;
– Notify the rejection of the compensation request.
Failure to meet these deadlines by the insurance company is sanctioned by the Italian Insurance Supervisory Institute (IVASS), to which anyone can report a service failure.
