Compensation for Road Traffic Accidents in Italy: A Complete Guide

If you are involved in a road traffic accident in Italy, you may be entitled to compensation for both material and personal damages.

Compensation is not automatic, even in seemingly straightforward cases.

A full reconstruction of the accident is necessary to establish liability, which may be shared among the parties involved, and to assess the impact on people and property.

The process begins by reporting the accident to the at-fault driver’s insurance company.

They will then assess the damage either through a technical inspection (for property damage) or through a medico-legal evaluation (for personal injury) and make a compensation offer.

Depending on the case, compensation may be processed via a direct or standard procedure.

Eligibility for compensation

You are entitled to compensation if you have suffered physical injuries or property damage. After reconstructing the accident and establishing who is responsible, a claim may be submitted to the relevant insurance provider.

In Italy, insured drivers and passengers (known as “third parties transported”) are eligible for compensation.

Mandatory insurance and coverage

The RCA insurance (Compulsory Motor Third Party Liability Insurance) is mandatory and covers damage caused to third parties.

It applies to all motor vehicles, including trailers, whether moving or stationary, in accordance with Legislative Decree 184/2023.

However, RCA does not cover the at-fault driver’s own damages, optional policies like Kasko insurance are needed for that.

According to the Decree:

• Insurance is also required for non-circulating vehicles.
• Equal treatment of foreign and domestic policyholders is guaranteed, thanks to the mutual recognition of no-claims certificates across EU Member States.
• When transferring a vehicle between Member States, the person responsible must designate the risk location.

How to Claim for Property Damage

The procedure for obtaining compensation for material damage involves:

1. Report the accident to the at-fault driver’s insurer, preferably using a jointly signed accident statement (CID).
2. Damage assessment by the insurer’s appointed expert.
3. Compensation offer must be made within 60 days (or 30 if the CID is signed by both drivers).

Credit Transfer to the panel beater

As per Law no. 124/2017, you can transfer your claim to the panel beater that repairs your vehicle.

After the repair, the panel beater invoices the insurer directly.

How to claim for personal injury

When injuries occur, the insurer must cover medical costs, loss of earnings, and any temporary or permanent impairments. In the event of a fatal accident, the family may receive compensation.

Steps include:

1. Reporting the accident and providing medical documentation.
2. Medico-legal evaluation to assess the extent of injury.
3. Compensation calculation using the National Compensation Table (Tabella Unica Nazionale), considering age, sex, and severity of the injury.
4. Offer must be made within 90 days.

Fatal accidents: rights and procedure

In case of death, relatives of the deceased are entitled to:

• Non-material damages (loss of the relationship).
• Material damages (e.g. loss of income).

The insurer of the responsible vehicle must pay compensation. Criminal proceedings may be initiated ex officio by the Public Prosecutor, while civil claims require a request from the family.

Procedure:

1. Report the accident with all documents (police report, medical records, death certificate).
2. Medico-legal evaluation (if needed).
3. Compensation calculation using official tables.
4. Offer within 90 days.
5. Negotiations may follow if the family disputes the amount.
6. Mediation in case of disagreement.
7. Civil litigation, if mediation fails.

In the event of death because of a road accident, there are other implications because the person who caused the accident would be charged with vehicular homicide.

If the road condition or public negligence is the cause, liability may fall on the relevant authority.

Step-by-Step: how to claim compensation

Here are the basic steps to claim compensation for road accident damage in Italy:

1. Gather information: accident date/time/location, vehicle and driver details.
2. Complete the C.A.I. form: both parties should sign it.
3. Document the scene: take photos and collect witness statements.
4. Contact your insurer: send the C.A.I. and other documentation.
5. Submit your claim: with a detailed letter and evidence.
6. Wait for evaluation: insurer has 30 days to respond.
7. Receive an offer: negotiate if unsatisfied.
8. Accept or refuse: if refused, the insurer must pay part as an advance.
9. Claim for injuries: include medical reports and receipts.
10. Seek legal assistance: in complex or disputed cases.

Direct vs Standard compensation procedures

In the event of a road accident, there are two main procedures for claiming damages:

Direct compensation (indennizzo diretto). It allows you to obtain compensation directly from your own insurance, which will then make up for it on that of the person responsible for the accident.

Available when:

• Only two vehicles involved.
• The responsible driver is insured and vehicle registered in Italy.
• Motor vehicles involved.
• No severe injuries (permanent disability < 9%).

In this case, your insurer compensates you and then recovers the amount from the at-fault party’s insurer. Payment timelines:

• Material damage: 2 months.
• Physical injuries: 3 months.

Standard Procedure. Used when direct compensation isn’t applicable. You must submit a formal claim, even without the C.A.I., including personal and inspection details.

Calculation of economic damage and non-economic damage

As far as people are concerned, two types of damage are taken into account for compensation:

1. Economic damages.
2. Non-economic damages.

Economic damages

The economic damages correspond to the expenses incurred and deriving from the accident.

Include:

• Out-of-pocket expenses (e.g. repairs, medical costs).
• Loss of earnings (due to work interruption).

Non-economic damages

The non-economic damages include:

• Biological damage (physical/psychological injury).
• Moral damage.
• Loss of life.

The DPR no. 12 of 13 January 2025 introduced new criteria for assessing:

• Permanent biological damage (value depends on age and severity).
• Moral damage (emotional suffering).
• Temporary disability.

Compensation is calculated using the National Compensation Table (TUN). Each point is valued at € 947.30, including for minor injuries.

These figures are indicative—insurers must provide a final tailored offer.

Special Cases: Uninsured or Foreign Vehicles

If the at-fault vehicle is uninsured or registered abroad, claims must be submitted to the Road Victims Guarantee Fund or the Italian Central Bureau (UCI).

When to Consult a Lawyer

Legal assistance is advisable when:

• Injuries are serious or permanent.
• The offer is deemed inadequate.
• Liability is disputed.
• Legal proceedings or mediation arise.

An experienced solicitor can:

• Properly assess damages
• Handle documentation
• Guide you through to full compensation.

If you were involved in an accident in Italy and are unsure how to claim your rightful compensation swiftly, contact the Boccadutri International Law Firm.

Frequently Asked Questions

 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
 
 
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Calogero Boccadutri

Calogero Boccadutri is the Managing Partner of Boccadutri International Law Firm. He has trial experience in Forex, Personal Injury and Administrative litigation.