The request must have these important informations:
- details about parties, vehicle and accident;
- personal informations of the witnesses;
- place and time for the survey of the expert;
- job activity and income of the person damaged;
- extent of injuries suffered;
- medical certificate of recovery.
It is extremely important to consult a good agency that operate in this sector that knows how to assist during the intire procedure until the damaged obtains the compensation.
Once request of compensation has been completed and sent, the company is required to make an appropriate offer or to justify the rejection within:
- 30 days for material damages ( with the CAI form signed by both parties);
- 60 days for material damages ( with the CAI form signed by one of the parties);
- 90 days for personal injuries.
From the moment of the offer, the insurance must make the payment within the next 15 days. If the injured party refuses, the amount becomes a deposit pending the settlement of the dispute.
Compensation offer for road accident damages
Once we receive a response from the insurance, it is possible to:
- accept the offer, and in this case the insurance will send the proposed amount within 15 days and the compensation procedure will be estinguished;
- refuse the offer and the insurance will send the proposed amount to within 15 days, which will be accepted as a deposit of the entire amount, waiting for a definitive settlement of the damage.
In case of failure to formulate the offer or if we consider that the offer is reductive, it will be possible to exercise the right of access to the legal acts of the insurance investigation ( article 146 Insurance code).
The access must be allowed within 60 days from the formulation of the related written request, therefore the company must permit to view the documents and it needs to be possible to extract a copy (at our expense). Failing this, we can submit a complaint to IVASS.
How to take action for compensation for damage resulting from road accidents
In case of the lack of wording or if we believe that the offer received from the insurance is reductive ( since the acquisition of the documentation with access to the legal acts), to obtain the desired compensation, it is necessary to apply to the judicial authority by taking a civil action against the insurance company for compensation for damage from a road accident.This action, in fact, as provided by article 145 of the Private Insurance Code, can be proposed only after 60 days, or 90 in case of personal injury, starting from the moment in which the injured party has asked the company to insurance for compensation for damage, by registered letter with acknowledgment of receipt (or PEC).
In summary: the opportunity to request professional advice
If we are involved in a road accident and report damage (material and / or injuries), the first thing to do is to report the accident immediately (within 3 days) to our insurance.
It is also necessary to begin the ordinary procedure for compensation for damages, by sending the related written request to the insurance of the vehicle responsible for the accident by registered letter with return receipt. o P.E.C.
If we are not completely satisfied with the response formulated by the Company, we will be able to start a civil proceeding for compensation for road accident damage.
To promote the compensation judgment is required the assistance of a lawyer. It is certainly advisable to be defended by a qualified professionist from the early stages of managing the compensation procedure, considering that often insurance companies tend to underestimate the damage by offering compensation that is not suitable for the actual damage.
In any case, the fee for legal assistance must be refunded by the Company (as well as any fees paid to the medical examiner for the part expert).