COMPENSATION FROM ROAD ACCIDENTS

COMPENSATION FOR ROAD ACCIDENTS

Compulsory civil liability insurance (R.C. Auto).

It's that shape mandatory of damage insurance for all motor vehicles.

With it, in case of damage to things or people resulting from the circulation of vehicles and boats, the insurance company is obliged – within the limits of a certain sum of money, c.d. maximal – to indemnify the insured against what he or she would have to pay to third parties for damages, with the so-called. compensation.

What to do in the event of a car accident?

The precautionary complaint.

The drivers of the vehicles involved or, if different people, the respective owners are required to report the accident to own insurance company (c.d. precautionary report).

This complaint is mandatory. If it is omitted, Indeed, the insured runs the risk of lose the right to compensation (if the omission is voluntary) or to see each other compensation reduced (if the omission is negligent).

How the damage is paid?

The Private Insurance Code, in the event of a road accident, predicts 2 damage settlement procedures:

  1. the “direct” compensation procedure to be activated against the insurance company of damaged;
  2. the “ordinary” compensation procedure to be activated against the insurance company of civil liability.

“Direct” compensation (art. 149 cod. ass.).

It is expected in the case of left between 2 motor vehicles make sure, from which they are derived damage to vehicles involved or to their drivers.

Then, the injured parties must contact the request for compensation to the insurance company with whom they stipulated the contract relating to the vehicle used.

With this procedure you can request direct compensation for damage to the vehicle, to the things transported or in the case of injuries up to 9 disability points (c.d. minor injuries).

“Ordinary” compensation procedure (art. 148 cod. ass.).

It works in all other cases, i.e. for accidents:

  • in which more than one person is involved 2 vehicles,
  • due to which injuries to passers-by or injuries to the driver greater than 9 disability points,
  • involving vehicles registered abroad.

Then, the injured party must lodge a claim for compensation for the damage against the insurance company of the civilly liable party.

The request for compensation for damages.

To obtain compensation, the injured party must submit a request for payment of compensation

  • “directly” to your insurance company (in the case of direct compensation),
  • to the civil liability insurance company (in the other case).

In this request it is necessary to indicate:

  • the circumstances in which the accident occurred;
  • the place, the days and hours in which the damaged things are available fordirect inspection to ascertain the extent of the damage;
  • in the case of personal injury, the extent of the injuries suffered, accompanied by a medical certificate proving recovery with or without permanent sequelae.

The request for compensation has been submitted, the insurance company has the obligation to pay the damage, proposing a refreshment offer within:

  • 60 days in the case of damage to things (which reduces to 30 days if the drivers of the vehicles involved jointly sign the friendly accident notification form),
  • 90 days in the case of damage to people.

The possible choices of the injured party:

  1. declares of accept the sum offered and the insurance company will pay within 15 days from receipt of the communication;
  2. declares of do not accept the offer or don't declare anything. In this case the insurance company will pay equally the sum offered to the injured party within the following years 15 days, which can be accepted on account on any increased compensation for damages.

The injured party can propose judicial action, elapsed 60 days (90 days in case of personal injury) from the request for compensation, in the following cases:

  • communication of the reasons preventing compensation;
  • failure to communicate the offer within 15 days;
  • communication of an offer lower than the damage suffered.

Injuries as a third party transported.

In the event of personal injuries suffered by the “passenger”, the request for compensation must be presented to the insurance company of the vehicle in which he was travelling, who will provide for the settlement of the damage within 90 days (regardless of whether the drivers are responsible).

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