Timing to go to court
In order to go to court, the deadline must have expired since the time the damaged person requested the compensation for damages through a registered letter with acknowledgement of receipt or through a certified e-mail:
– 60 days in case of damaged vehicle
– 90 days in case of physical damage
However, in terms of the compensation deadline, it is important to know that if the compensation request made by the company is rejected, it is uncertain whether the insurance will definitely dismiss the sinister, because law will take its course.
If the insured person wins, the offered amount that the insurance company must provide anyway within 15 days since the request has been notified, acts as a deposit of the total amount.
How much time does the Insurance have to dismiss a sinister?
How much time is there between the accident and the compensation for damages since an expertise is needed? It depends since the parties involved do not always agree on the dynamics of the accident and the damages to property and persons.
Here is how much time the insurance takes to make a compensation offer after a road accident, based on the two cases:
– Agreement between the parties: In this case, all involved parties sign the accident statement certifying their agreement on the dynamics of the accident. This involves some advantages for the compensation procedure, which will end within 30 days.
– Disagreement between the parties: the parties’ sections of the accident statement form are filled out separately and each one according to the party’s version of events. The insurance Company is now bound to make a compensation offer within 60 days, which become 90 if there is physical damage to be ascertained.
Therefore, the timing for the Insurance to dismiss the sinister is strongly conditioned by the agreement between the parties. Moreover, the timing for the compensation increases significantly if there are serious injuries.
The settlement of the sinister must take place within 15 days from the compensation offer, whether it is accepted or not.
What is the procedure to dismiss the sinister through direct compensation?
The direct compensation is the damage compensation procedure applied since February 1, 2007: it provides that the damaged/insured person, who is even partially right, asks a compensation for damages to his company.
The timing is the same as the RCA procedure, but the possible lack of one or more essential data to make the compensation offer, shall suspend and does not stop the 30, 60 or 90 days the Company takes to make the offer. The Company is bound to indicate the missing data or to explain the reasons for the missed offer.
Requirements needed for the direct compensation
Below are the requirements expected by the legislation regarding the direct refund in a sinister between two vehicles – in collision without other involved parties:
– In Italy, Republic of San Marino or Vatican City State.
– Between identified vehicles.
– Registered in Italy, Republic of San Marino or Vatican City State.
– Insured for the mandatory civil liability with Italian or foreign Companies that joined the CARD Agreement.
In all other circumstances, the traditional procedure must be carried out by making a complaint to the Company of the party making the damage.
Timing of the compensation without the accident statement
Regarding the direct compensation it is necessary to resort to the accident statement. It is important to request the compensation through a registered e-mail with acknowledgement of receipt and attaching the complaint of the sinister.
The amount offered by the Company can be accepted or rejected. The insured person has the right to ignore it, but the Company will have to dismiss the the amount within 15 days.
What happens if the carried passengers have injuries?
The damaged passenger will have to submit the request for damage to the insurance company related to the vehicle on which he was traveling.
The Company ha 90 days to make the compensation request or to explain the reasons of its denial.
The compensation is provided regardless of the drivers’ responsability.
Eventually, the Company that has dismissed the compensation will claim against the other driver’s insurence whether his responsability is to be ascertained.
