What to do in case of a car accident in Italy
What to do in case of a car accident in Italy to obtain damages.
An accident can cause damage to vehicles or other things, but it can also cause injury to the people involved and in severe cases it can cause death.
Have you been involved in a car accident in Italy?
To avoid surprises, and in order to get the right compensation, please contact us and one of our experienced specialists in the field of compensation, will help you to ensure that you receive just compensation.
The procedure for compensation, if not sustained by an experienced lawyer can appear treacherous.
To simplify the procedure for compensation and get the right remuneration quickly as possible, it is appropriate to file the so-called accident report. In this case, always remember to fill out the CID form in its entirety and make sure to have the other driver sign the form.
Subsequently, within three days of the accident, you will need to contact your insurance company by submitting the CID form CID and contact a lawyer to move forward with the procedure for compensation.
In the case of an accident with only two vehicles involved and a direct impact between them, “direct compensation” will apply. Both vehicles need to be registered and insured in Italy (excluding mopeds and agricultural machines). This will allow you to get compensation from your insurance company, which will handle the claim and get payment from the insurance company of who caused the accident.
The direct compensation procedure cannot be activated when:
- There has been an impact between the two vehicles;
- the accident resulted in severe injuries leading to permanent disability exceeding 9% (these are called macro injuries).
Attention: in all the other cases, a normal procedure will apply and the person involved in the accident must make their claim directly to the other person involved in the accident and their insurance company.
In order to obtain damages, no later than two years after the accident, you will need to submit a request for damages by registered mail, to the insurance company and to the other party. The request must contain the following information:
- date, place and time of the accident;
- type and registration number of the other vehicle;
- the other car’s insurance company; name, address of the driver of the other vehicle and details concerning the owner of the other vehicle (if someone other than the driver);
- detailed description of the accident and the type of damage.
In case of personal injury, you need to the documentation released from the emergency room attach to the request. If there were any witnesses, it will also be necessary to indicate their names and the authorities that intervened.
After the insurance company has proceeded with the appropriate investigations and has obtained complete documentation, as provided by law, they must make an offer to the other party. If the offer is not made, they must specify the reasons why.
If the insurance company were to reject the claim, or were to place a bid for damages not satisfactory, you will need to proceed with the assisted negotiation procedure so as to try to reach an agreement with the insurance company. If not you will have to turn to the courts.
If whoever caused the accident leaves the scene of the accident without providing identification, or if the counterparty is not regularly insured, the claimant will not lose their right to obtain compensation. In fact, in that case you may refer to the fund for victims of the street. The fund shall compensate for personal injuries and property damage, the amount of which exceeds 500 Euros.
What happens in case of an accident caused by a foreign vehicle?
If you are involved in an accident in Italy that is caused by a vehicle registered abroad, you will need to contact the Italian Central Bureau (UCI), by submitting a claim by registered mail. The Italian Central Bureau (UCI) will get in touch with the foreign insurance company that in such case shall appoint an Italian insurance company which entrust the handling of the accident.
If you are involved in an accident abroad?
Under an EU directive, insurance companies are required to appoint an authorized representative for settling claims in every country of the European economic area. With the exception of the country where they have their registered office. Residents in Italy that were victims of a road accident abroad – accident in a country of the green card system and caused by a vehicle registered and insured in a country of the European economic area – can claim compensation for damages directly to the company named in Italy. They are the authorized representative of the person responsible for the accident. In that case, you must perform a particular procedure in order to know the insurance company designated to pay damages on behalf of the foreign company.
The international law firm Boccadutri is able to provide concrete assistance in court settlements and out of court settlements, if you are unable to reach an agreement with the insurance company in case of an accident in Italy.
If you have been involved in a car accident and you wish to have further information and legal assistance, the Boccadutri law firm can help you get compensation. Call our team of lawyers at + 39 0294751635 or contact them via e-mail:[email protected]