G&P Insurance - Compensation

How to obtain compensation for road accident damage

How much time does it take the insurance to dismiss a sinister? How can compensation for damage be obtained immediately? Here are the answers to these questions.

How to ask the insurance for compensation for damage in a road accident.

In reference to RCA insurances, it is of paramount importance to know the procedure and fulfillment needed to demand and obtain a compensation for damage in case of road accident.

Here is a guide to learn in the best way possible about this topic, in order to understand, in the unfortunate event of a road accident, how soon you can obtain the liquidity required to repair your vehicle or to cope with the cost of a possible rehabilitation therapy.

Altri sinistri

What is RCA Compensation for damage?

RCA Compensation for damage is the amount that the insurance company corresponds to the damaged person following a road accident defined as sinister.

The sinister is the incident that causes damage for the coverage of which the RCA Insurance Policy has been stipulated.

There are two procedures to obtain immediate compensation for damage: the ordinary procedure and the direct compensation.

In case of ordinary procedure, the damaged person must make a complaint or a request for damages to the Company of the vehicle that caused the damage. In case of direct compensation, he must make a complaint or request a claim for compensation to his own Company. Once the Insurance ascertains the causes of the incident and that it is not due to intentional behavior or due to the person’s gross negligence, it must dismiss to his client a certain amount as a coverage for the damages.

The simple incident does not automatically involve a compensation, but an appropriate verification through expertise (of which we will discuss later) is necessary.

How to make the complaint of the sinister

The first step to obtain the RCA compensation for damage is to make a complaint of the sinister:

–          The complaint must be done within 3 days from the incident.

–          The complaint can also be done online or via phone call, depending on the Company you are entrusted to.

–          It requires the Accident statement form, which is a guide to collect the data needed to build the dynamics of the accident and to provide the correct data.

Here is the data and the information needed to make the complaint, which are especially useful in absence of the Accident statement form:

–          Date, time and the accident’s site.

–          Data of the involved parties and vehicles.

–          Description of the dynamics of the accident.

–          Indication of physical damages and damages towards vehicles.

–          Data of possible witnesses of the sinister.

–          Site, days and time in which to view the damaged vehicle.

In case of injuries, it will be necessary to indicate:

–          Data regarding the age, the job and the income of the injured person.

–          The entity of the injuries sustained.

–          The medical claim proving the occurred recovery.

–          The statement certifying the right of compulsory social insurances to perform.

How do you evaluate the compensation for damage?

The insurance company uses an expertise, performed by a qualified third party (the expert) to evaluate and to quantify the material damages caused by an incident.

The insurance will then make a settlement offer that the insured person can accept, reject or ignore.

Only after the evaluation, observation and liquidation of damages procedures, it can access the expertise acts.

In case of complaint in which an intervention by a law enforcement (municipal police, state police, Carabinieri etc.) has been indicated, the accident report drawn up by the authorities must be published, along with the expertise.

The statement publication timing is as follows:

–      90 days must be awaited for accidents without physical damage.

–         Up to 120 days can be awaited for accidents with physical damage.

Among the insured person’s rights, there is the right to take legal action if he does not consider the amount of the proposed compensation satisfying. Nevertheless, before going to court a compulsory attempt of conciliation will be made. 

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.

Contact us now and briefly describe your case