Car accident in Italy: how to claim compensation

After a road accident, health and safety come first. Straight afterwards, though, some choices made in the first hours and days decide how much compensation you can obtain. This applies whether you live in Italy or were visiting.

At the scene

• Call the emergency services if anyone is hurt and, if liability is disputed, the police or Carabinieri.
• Fill in the European accident statement (constatazione amichevole, CAI), signed by both drivers if possible.
• Take photographs of the vehicles, the road and the signs.
• Note the names and contact details of any witnesses.
• Even if you feel fine, get checked: some injuries emerge hours later, and the emergency department report is important evidence.

Who to claim from

• Direct compensation (Article 149 of the Italian Private Insurance Code): where two identified and insured vehicles are involved and the driver’s injuries are minor, you claim from your own insurer.
• In other cases, the claim goes to the insurer of the vehicle at fault (Article 148).
• A passenger claims from the insurer of the vehicle they were travelling in, regardless of who was at fault (Article 141).
• If the vehicle at fault is uninsured or unidentified, the Road Accident Victims Guarantee Fund steps in.
• If you live in another EU country, the claim can also be pursued through the insurer’s claims representative in your country (Directive 2009/103/EC).

The claim and the insurer’s deadlines

The claim must be made in writing, by registered post or certified e-mail (PEC), with the information required by law. The insurer must then make a reasoned offer, or explain why it is not making one, within:

• 60 days for damage to the vehicle and property;
• 30 days if the accident statement was signed by both drivers;
• 90 days for personal injury.

Injuries

Personal injury compensation covers physical harm, medical costs, lost earnings and non-pecuniary loss. Minor injuries are assessed using statutory tables; more serious ones follow different criteria and tables. An independent medico-legal assessment is often decisive to avoid accepting less than is due.

Do not accept the first offer

Initial offers usually cover only some heads of damage. Before signing a receipt of settlement, which normally closes the claim for good, have it assessed.

If negotiation is not enough

For road traffic damage claims, assisted negotiation between lawyers is compulsory before going to court (Article 3 of Decree-Law 132/2014). If it does not lead to an agreement, you can bring proceedings before the competent court.

Watch the deadlines

Road traffic damage claims are time-barred after two years (Article 2947 of the Civil Code). If the facts amount to a criminal offence, for example serious injury, the period can be longer. Do not wait anyway: evidence disappears.

Read more: personal injury, including for visitors from Munich, Vienna and Amsterdam.

Avv. Ada Alia

A member of the Pistoia Bar since 2020, she handles criminal, family, immigration and personal injury matters. She meets clients in Italian, English and Albanian.

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