G&P Insurance - How to claim a compensation.

Damages caused from a road accident: How to claim a compensation.

All road accident must be compesated according the article n. 2054 c.c. , which affirms that the driver of a non-rail vehicle must compesate the damage caused by the circulation of the vehicle to the people involved, if he does not prove that he has done everything he could to avoid the accident.

The compesation of phisical and material damages caused by an accident are guaranteed by the policy RC car, but only for third parties not transported ( including cyclistes, pedestrians ecc…); in case of third parties transported by the person responsible for the accident, only the physical damages will be compensated.

However, it is important to consider some reductions due to any shortcomings of the injured party, such as not using the seatbelts partially reduces the compensation and also includes a penalty.

The responsible driver, the owner and the relatives do not have the right to be compensated, unless the are covered by a specific accessory guarantee.

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Compensation for a car accindent: procedures and timing.

Procedures and timing are regulated by the article 2947,comma 2 of the Civil Code: the statue of limitation of the right to claim a compesation of damage is two years, but it will be 5 years in case of crime.

Anyway the claim for compensation of damages must be forwarded to the insurance with the report of the accident within three days and it must be given with the form CAI attached: this is called direct procedure. 

The ordinary procedure requires the request to the insurance of the responsible of the accident: the choice depends on the particular characteristics of the claim.

Compensation for road accident: modalities

The liquidation procedure starts with request of compensation of damages for a road accident; this request starts the terms provided by the legislator for the insurance agency to guarantee an offer of compensation.

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).

Contact us now and briefly describe your case