What to Do in Case of a Road Accident in Italy?

In Italy, the actions to take after a road accident vary depending on the severity of the incident. If you are involved in an accident, there are important steps to keep in mind.

Whether you are a driver or a passenger, at fault or not, it is crucial to remain calm and document the incident.

Reporting a road accident involving another vehicle is legally required, as is informing your insurance company. If you caused the accident, you have three days to report it.

If there are serious consequences for the vehicles and/or people involved, you must immediately call the police and avoid moving the vehicles. It’s also advisable to attempt to signal the danger.

If the accident is minor, the vehicles should be moved to avoid obstructing traffic. Before doing so, it’s useful to take photos, which is always recommended in any accident scenario, as soon as it’s safe to do so.

When a Road Accident Occurs in Italy

In Italy, you can only drive a vehicle if you have a valid driver’s license and liability insurance, known as R.C. auto. The requirement to drive with insurance is mandated by the Highway Code and applies to all motor vehicles not operating on tracks.

Having an insurance policy covers any damage caused by the driver.

Legislative Decree 184/2023: Key Changes

Legislative Decree No. 184 of November 22, 2023 (Decree on Auto Liability Insurance), published in the Official Gazette No. 290 on December 13, 2023, introduced significant changes to the Private Insurance Code and the Highway Code. The most notable are:

• A new definition of “vehicle” and “use of the vehicle” for insurance purposes;
• In the case of shipping a vehicle from one EU member state to another, the person responsible for the insurance coverage has the option, within thirty days of delivery to the buyer, to choose the member state where the risk is located, either based on the country where the vehicle was registered or the country of destination, even if the vehicle has not been formally registered in the second member state;
• The official Italian compensation body is now Consap, which will handle compensating residents in Italy for damages from accidents occurring in other EU member states if the insurance company is in liquidation or undergoing similar procedures;
• The requirement for auto liability insurance now extends to vehicles defined by their use as a means of transport at the time of the accident;
• The insurance obligation is expanded to include non-operational vehicles;
• The obligation for light electric vehicles to have insurance coverage is introduced, though specific implementation details are pending.

Road Accidents: Information Gathering and the CAI Form

When purchasing insurance, drivers are usually provided with accident report forms, formerly known as CID forms, which have now been renamed CAI forms. These forms are also easily available online (including in other languages) and should be filled out after any road accident.

They expedite the reimbursement process for minor accidents and serve as a useful guide for collecting the necessary information to obtain compensation later.

If all parties involved agree on the circumstances and fault of the accident, the CAI form should be signed by everyone. Otherwise, it can still be filled out as a record, but without signatures.

It is crucial in the event of an accident to try to stay calm and understand what happened to assign the correct responsibilities. Even more important is the ability to gather as much information as possible.

The CAI form should include:

• The date and location of the accident (including the street name and nearest house number, if possible);
• Vehicle details (license plate and type of vehicles);
• Names of the insurance companies covering the vehicles, policy numbers, and contact information;
• Type of insurance coverage (including any additional coverage for material damage);
• Driver information (including license details);
• Presence of material damage to the vehicles involved;
• Presence of material damage to other vehicles or objects, if any;
• Presence of any witnesses, whether passengers in the vehicles involved or bystanders, including their contact details;
• Circumstances of the accident (17 possible scenarios at the time of the incident);
• A graphical representation of the accident, in a designated space, to explain what happened through a drawing. Arrows should be used to indicate the direction of travel and points of impact between the vehicles.

If the form is signed by all involved drivers, insurance companies can expedite the claims process, and it helps to avoid later disputes about the accident’s circumstances.

Drivers should submit a copy of the form to their insurance company, which will assess the extent of the damage and the compensation. If no one was injured, the process is straightforward and quick.

Any claim to your insurance must include the names and contact details of witnesses, if there are any, otherwise, you will not be able to provide them later. This detail should not be overlooked because the insurance may refuse to pay, and in the event of a lawsuit, witness testimony could be crucial. This rule does not apply if there were injuries.

Road Accident: When to Involve Law Enforcement?

It is mandatory to seek assistance from law enforcement if there are injuries, potential criminal liability of any driver, or a large number of vehicles involved. It’s also advisable to call them if the accident has caused traffic problems.

Law enforcement ensures that the injured receive assistance, that vehicles are secured, and that drivers’ documents are in order. They interview witnesses, gather data, and prepare a report on what happened, which will be made available to the involved parties.

Road Accident with a Foreign-Registered Vehicle

If the accident in Italy involves a foreign-registered vehicle, the procedures may take longer.

If the responsible party is driving a foreign vehicle, Italian law requires that claims for compensation be directed to the UCI (Ufficio Centrale Italiano). If the foreign vehicle is not at fault, it should contact the Italian insurer of the vehicle that caused the accident. The UCI has no jurisdiction over vehicles with Italian plates but insured abroad.

It is possible to reach an agreement on the accident’s circumstances by filling out a CAI form.

Taking photos is always recommended as they serve as the best evidence of what happened.

Tracing a foreign license plate can be challenging, but the Italian Motor Vehicle Authority is working with its counterparts in other European and non-European countries to address this issue.

The Green Card

For those driving their own vehicle in Italy, if their insurance is not valid, it is advisable to obtain a Green Card, an international insurance certificate that proves compliance with the mandatory liability insurance and allows the vehicle to circulate abroad with a foreign license plate. It is issued directly by the insurance company.

In the event of a road accident, the Green Card covers the insured for damages caused to third parties or for damages suffered if they are not at fault. However, additional Kasko insurance coverage should be considered for material damages to the vehicle and the driver.

In case of a sudden departure, it is worth noting that the Green Card can be issued at the border of the country you are entering if it is mandatory for circulation in that country. Temporary insurance will be issued to cover the period you intend to stay, providing accident coverage. In this case, the Green Card will be significantly more expensive.

While the Green Card can be a valuable resource, it does not guarantee quick compensation, as the competent national office must evaluate claims and mediate between the insurance companies of the involved vehicles.

In case of an accident in Italy caused by a vehicle with a foreign license plate but registered in a country adhering to the Green Card system, the compensation request must be sent directly to the UCI via registered mail.

Road Accidents in Italy with Foreign-Registered Cars

The Highway Code has revised the regulations for vehicles with foreign plates present in Italy for long periods, requiring compliance with Italian law.

Compensating for damages to property and persons, especially when dealing with those who registered their cars abroad to avoid responsibilities, has always been difficult. Foreign vehicles intended for use in Italy must be re-registered within one year or face heavy fines and confiscation.

Purchasing a vehicle abroad and using it in Italy had become a common practice for many “smart” individuals who wanted to avoid paying vehicle taxes and benefit from significantly lower insurance costs.

The difference in nationality of the vehicles involved can be problematic. The best approach is to seek legal assistance, especially if the other party has tried to evade taxes and avoid liability.

The UCI serves as a guarantor for payment of damages caused in Italy by vehicles registered in another state. The same applies to vehicles registered in Italy that are involved in accidents abroad, as a local office similar to the UCI will handle compensation.

If you are abroad, the Green Card also covers potential medical expenses, but not legal assistance.

Legislative Decree No. 184 of November 22, 2023, simplified the recognition of risk certificates between insurance companies belonging to different member states to ensure equal treatment for policyholders of different nationalities.

Exceptional Situations in a Road Accident

The Road Victims’ Guarantee Fund

If the person responsible for the accident is uninsured or flees the scene without leaving any trace, the Road Victims’ Guarantee Fund has been established, to which the victim can apply for compensation.

Compensating the Passenger

A special mention should be made regarding the passenger or third party. In case of a road accident, who protects the passenger? The vehicle’s insurance in which they are traveling provides this protection, even if the driver is responsible for the accident.

Road Accident Caused by Poor Road Maintenance

What if the road itself caused the accident? The condition of the road surface often results in damage to vehicles. In extreme cases, the news reports show vehicles being “swallowed” by sinkholes, but a careful eye can see how Italian roads, especially in southern Italy, often resemble Swiss cheese.

It is possible to seek compensation from the road owners, whether they are municipalities, regions, the state, or companies responsible for managing highways. The 2016 law on road homicide also assigns significant responsibility to those responsible for road maintenance.

Accident Between a Vehicle and a Pedestrian

If the accident involves a vehicle and a pedestrian, the driver is generally considered solely responsible for the incident, except in rare cases, and is liable for compensating the pedestrian’s damages.

Even if the pedestrian is unable to gather the driver’s details, they can rely on the police report and the hospital’s medical records for compensation.

Accident Between a Vehicle and a Bicycle

If a bicycle is involved, the laws regulating bicycle traffic also apply. Since a bicycle is a non-motorized vehicle, there is no mandatory insurance coverage, so the standard compensation procedure must be followed.

If the driver is solely responsible, the cyclist can contact the insurance company of the vehicle involved in the accident. However, if the cyclist cannot prove that their conduct did not contribute to causing the accident, the fault will be split 50-50, and the compensation will be reduced.

If the cyclist was walking their bicycle at the time of the accident, they are considered a pedestrian. Photos should be taken, if possible, and medical records, receipts, and all materials related to physical and material damages (to the bicycle) should be kept.

Accident Between a Vehicle and a “Motorized Scooter”

In Italy, micro-mobility electric vehicles, designed for one person, are not allowed by the Highway Code (Article 190). Whether it is a unicycle, scooter, skateboard, hoverboard, segway, or any other type of electric propulsion device, they are not allowed on sidewalks, bike paths, or roads.

If they do not exceed 6 km/h, they fall under the “pace accelerators” category; if they exceed this speed, they are equivalent to 50 cc mopeds and must be registered, display a license plate, and have insurance coverage. Insurance for light electric vehicles was introduced by Legislative Decree 184/2023.

The decree made it mandatory for these vehicles to have insurance coverage, although the exact terms will be established by a further decree.

Currently, if motorized scooters cause an accident, they must cover the damages out of pocket unless they have a special third-party liability policy not linked to the vehicle but to the person. If a minor is involved, the responsibility falls on the parents.

If the vehicle is solely responsible for the road accident, the damages will be paid by its insurance, even though the driver of the electric vehicle risks a fine simply for being on the road. If fault is shared, both parties will pay for the damages.

Electric Scooters for the Disabled

Law No. 120 of 2010 introduced the difference between “vehicles” and “non-vehicles.” Electric scooters for the disabled, though seemingly in the former category, are defined as “medical aids for the disabled, even if motor-powered.”

Article 190 of the Highway Code states that “machines for children or disabled people, even if motor-powered, may circulate on pedestrian areas of the road.” Electric scooters can therefore circulate on sidewalks, paths, avenues, and other designated spaces. If there is no alternative, scooters for the disabled are allowed to travel on the edge of the roadway, on the left, in the opposite direction to vehicle traffic.

Electric vehicles used by the elderly and disabled cannot be insured, as they do not have a license plate or registration documents. Although they are relatively slow, with a maximum speed of 20 km/h, they have a motor, and their use can pose risks. Being considered pedestrians, they are compensated by the vehicle’s insurance in case of an accident.

Road Accident Involving Animals

In the event of an accident caused by wild animals, responsibility falls on the entity (region, former province, park, federation, etc.) entrusted with their management of the territory and wildlife. The entity must prove that all precautions were taken to prevent the exposure of third parties to danger to avoid liability.

If a domestic animal causes the accident, the owner or “person in charge” is liable unless they can prove the damage occurred due to a “fortuitous event.”

The opposite situation is also possible, where the animal is the victim of the driver’s negligence. In this case, since the domestic animal is part of the owner’s property, they can claim reimbursement for veterinary expenses and the animal’s value. However, case law is not inclined to award non-economic damages, such as moral damages caused by the loss of a beloved animal.

Calculating Compensation for Road Accident Damages

Economic Damages

Economic damages include medical expenses resulting from the road accident, any material damage, and the potential future reduction of income due to the incident.

Non-Economic Damages

Non-economic damages include personal injuries, known as “biological damages,” resulting from the accident. This can include damage to physical and mental well-being or moral damages, meaning the impairment of the mental well-being of the accident victim.

To calculate the compensation amount, medical tables are used to evaluate the percentage of permanent disability, and court tables indicate the monetary value for each percentage point.

How to Request Compensation After a Road Accident?

To obtain compensation after a road accident, the injured party must send a compensation request to the insurance company via registered mail with return receipt, certified email (PEC), or hand delivery. It will be necessary to describe what happened and attach all the available documents, such as the CAI form, photos, medical reports, and/or police reports.

If the insured is not at fault, they can request compensation for the damages. From the time the claim is filed, the insurance company has 60 days to process the compensation if only vehicles were damaged, or 90 days if there were injuries. After the necessary assessments, the insurance company may decide whether to reimburse the insured and the amount of such reimbursement.

Seeking Legal Assistance

If you need a lawyer for a road accident in Italy, because you were involved in an accident and need assistance, do not hesitate to contact us. Our legal team, specializing in damage compensation, will find the best way to help you get what you deserve.

The compensation process may seem more complicated than it is if you are not well-advised.  Boccadutri International Law Firm can provide concrete support in all phases following the accident, both in out-of-court and in-court proceedings. For more information, contact our Personal Injury Department.

 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
 
 
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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.