CAR ACCIDENT IN ITALY: ITALIAN TRAFFIC LAW

Compensation for damages from international traffic accidents (e.g. Italy) is problematic. As lawyers specializing in German and Italian traffic law, we are always at your side

The first question we ask ourselves when we have a traffic accident in Italy is: Which law applies?


The applicable regulations of the country in which the accident occurred apply to the determination of liability and the quantification of damages.


If the accident occurs in Italy, Italian liability law applies and the claim for damages is therefore handled in accordance with Italian traffic law.


In the following, we will check what compensation you are entitled to if you have a traffic accident in Italy.

PERSONAL INJURY IN A CAR ACCIDENT IN ITALY

A 3D illustration of a red blood drop figure with a first aid kit after a

Are personal injuries recoverable in Italy?


The legal regulation of personal injury under Italian law differs from German and English practice. First of all, Italian law recognizes the "danno biologico", or "biological damage".


In a complicated system that takes into account the age of the injured person, the degree of injury based on a kind of limb tax and any permanent damage according to type and severity, compensation amounts are calculated that are considerably higher than the sums awarded in comparable cases in other Countries. You need to know this if, for example, an accident is judged in a German court according to Italian law!


There is also the danno morale, i.e. the "moral damage", a kind of compensation for pain and suffering, although the danno biologico already covers at least part of what is understood by compensation for pain and suffering in Germany. The danno morale is also used in completely different cases, e.g. when claiming damages to a company's image.


In order to arrive at a correct result with regard to the danno biologico, it is always necessary for the injured person to be examined by an Italian doctor licensed for this examination.


The pain and suffering compensation tables commonly used in Germany are not known in Italy. Many courts are guided by a table published by the Regional Court of Milan, in which the parameters of the calculation described above have been incorporated and converted into monetary amounts. However, this table is not binding

MATERIAL DAMAGE UNDER ITALIAN LAW

Mechanic uses a tool to repair or replace a windshield on a vehicle after a traffic accident in Italy

What type of property damage is compensated in Italy?


As the accident occurred in Italy, Italian law applies.


The following will be compensated:


Repair costs : against the workshop's estimate (excluding VAT) or against presentation of the receipted repair invoice (including VAT)


Total loss: the current market value of the vehicle less its residual value, as proven by an expert's report.


Car rental costs : if a rental car is absolutely necessary for business reasons, the expense can be reimbursed.


Loss of use : normally reimbursed by a flat rate of up to €30, depending on the size of the vehicle.


Towing costs : for vehicles that are no longer fit for traffic to the nearest garage


Expert costs: usually only in the context of legal proceedings. The costs of out-of-court appraisals are not normally recognized.


Subject to certain preconditions, other items are also reimbursed, e.g. the reduction in value, the comprehensive insurance excess.


And the lawyer's fees? Yes, these will also be reimbursed!

STATUTE OF LIMITATIONS FOR CAR ACCIDENTS IN ITALY

Stacked calendar pages with highlighting of the dates with emphasis on the statute of limitation in connection with a traffic accident in Italy

You have been the victim of an accident, as a result of which there have been disputes about liability and the amount of compensation and a certain amount of time has passed without compensation. You are therefore concerned that the limitation period under Italian law has now expired and your claim has lapsed. For this reason, you ask yourself: What is the limitation period for your claim for compensation in the event of a traffic accident? Does it make a difference whether a crime has been committed? Is it possible and how can the limitation period be interrupted?


The right to compensation for damage caused by road traffic can also be time-barred.


In particular, it states that the limitation period in this respect is two years. It is therefore necessary to take action within two years from the date of the traffic accident in order to obtain compensation.


In a certain case, the period may be longer, namely if the accident results in a criminal offense for which the law provides a longer limitation period. In such a case, this period also applies to the right to compensation. For example, if a person suffers bodily injury in a traffic accident because it is a crime, they can also claim compensation for property damage using the longer prescribed period for compensation for bodily injury.


If you are the victim of an accident, e.g. a simple rear-end collision with damage to the rear, you usually take steps to obtain the appropriate compensation and submit a formal claim to the insurance company of the other party's vehicle in this regard. The registered letter with the request for compensation is suitable for interrupting the limitation period. From this moment on, the two years necessary to determine the extinction of one's own right begin again. Subsequent legal action brought by insurers in the absence of an indemnity agreement or if the other party's liability has not been recognized can also interrupt the limitation period. So you need not worry if two years have already passed since the date of the traffic accident. In fact, there are many ways in which you can interrupt the limitation period and then receive your compensation in an appropriate manner and at the appropriate time without your right being extinguished.
A professional at work behind a desk with a nameplate reading

It is therefore not easy and immediate to determine the damages to which one is entitled and, above all, it is not easy to precisely quantify the non-pecuniary damage or personal injury, with numerous variables coming into play that can increase or decrease the amount of compensation.  In order to obtain adequate compensation, it is therefore advisable to consult a lawyer, especially in the case of personal injury.


We will take care of all practical matters with the insurance company and keep you informed.


Here are the benefits if you decide to take advantage of our legal assistance:


- You will receive free initial legal advice


- You will receive an accurate quantification of the compensation you are entitled to


- We draft and send the claim letter to the insurance company


- We negotiate with the insurance company on your behalf


- If necessary, we represent you in court if the insurance company refuses to pay full compensation

FAQ ON THE TRAFFIC ACCIDENT IN ITALY

  • What law applies in the event of a traffic accident in Italy?

    In the event of a traffic accident in Italy, Italian liability law applies. Claims for damages are processed according to Italian traffic law.

  • Are personal injuries compensable in Italy?

    Yes, personal injuries are compensable in Italy. The compensation system includes "danno biologico" (biological damage) and "danno morale" (moral damage). The former relates to the physiological injuries calculated based on the victim's age, injury severity, and potential permanent damage, often resulting in substantial compensation compared to similar cases in Germany.

  • What types of property damage are compensated in Italy?

    In Italy, compensable property damages include repair costs, total loss (current market value minus residual value), car rental costs if necessary for business, loss of use, towing costs to the nearest workshop, and legal appraisal costs under certain conditions.

  • How is damage assessed and compensated in Italy?

    Damage compensation involves various variables that can increase or decrease the amount. It is recommended to involve a lawyer, especially for personal injury claims, to ensure accurate damage assessment and to negotiate with insurance companies.

  • What is the statute of limitations for traffic accident claims in Italy?

    The statute of limitations for claiming compensation is generally two years from the date of the accident. This period can be interrupted by actions such as sending a formal compensation request to the at-fault party’s insurer or filing a lawsuit. For crimes resulting from the accident, a longer statutory period prescribed for the crime also applies to the compensation claims.

  • What are the benefits of hiring specialized legal assistance in Italy for traffic accident claims?

    Benefits include a free initial legal consultation, precise quantification of claimable compensation, drafting and sending demand letters to the insurer, negotiating with the insurance company on your behalf, and court representation if necessary. Zu den Vorteilen gehören eine kostenlose erste Rechtsberatung, eine präzise Quantifizierung des erstattungsfähigen Schadens, das Verfassen und Versenden des Forderungsschreibens an die Versicherungsgesellschaft, die Verhandlung mit der Versicherungsgesellschaft in Ihrem Namen und die gerichtliche Vertretung bei Bedarf.

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