Grapevine ~ November 2023 issue

You may unfortunately be involved in a road accident while staying in our country. Therefore, it seems appropriate to provide a general overview of the compensation system in force in Italy. Since 1971, it has been mandatory in Italy to insure motor vehicles in circulation, so following an accident compensation will be due not only from the owner of the vehicle involved but also from the insurance company.

How to behave in the immediate aftermath of an accident

If the dynamics of the accident appear clear, in Italy the so- called friendly assessment form (CAI, Friendly Accident Assessment) is used. The parties agree to describe the dynamics of the accident, which will be the basis for determining liability. This form helps to speed up the damage compensation procedure, though for a foreign citizen who does not know the Italian language filling it out can be decidedly complex.

Therefore, unless you understand the Italian language perfectly or have someone present to help you in filling it out, the advice is not to sign any spontaneous declaration, which could lead to your assuming a clear and precise responsibility. Instead, you should contact the police (emergency number 112), who will be able to clearly and impartially ascertain the dynamics of the incident and then draw up the accident report. This report is a fundamental document. It contains all the essential data of the accident (subjects involved, relevant insurance companies, dynamics, any disputed sanctions).

The hypothesis of physical injuries resulting from an accident

In the case of an accident with only material damage (e.g. to vehicles or their contents) the amount of compensation for damages may be easier to ascertain (considering both the value of the damaged goods and the degree of responsibility of the parties). A very different situation occurs if personal injuries result from the accident. In this case, the compensation system provided for by our legal system appears decidedly complex, since various damage items come into play. Quantifying this requires precise technical-legal support.

The different items of damage following an accident

Financial damages are represented by injury to the property of the injured party and, as such, can be assessed without too much difficulty. These are divided into emerging damage and lost profit: a) Emerging damage directly affects the assets of the injured party.

In the case of road accidents, think of a broken car mirror. What the injured party suffers by incurring the expenses needed to repair the property is an emergent damage.

b) Loss of profit, on the other hand, is represented by the lost earnings achieved by the person injured by the accident (e.g., a freelancer who is unable to work for a long time due to injuries sustained as a result of the road accident).

Non-pecuniary, in particular biological damage, occurs when an intentional or negligent act causes personal injury. Typical non- pecuniary damage consists of biological damage, defined as temporary or permanent injury to a person’s psycho-physical integrity, regardless of the person’s ability to produce an income. Biological damage is in turn divided into two important subcategories: temporary disability and permanent disability.

Temporary Disability

Temporary disability consists of the number of days needed for the person to heal and recover from the accident and return to their normal activities. If the injured person is unable to carry out any activity in the days immediately following the accident the temporary disability will be considered total (100%), and as the physical condition improves, it will decrease (50%, 25 %), until it ceases with healing.

Permanent disability
The important role of the medical examiner

If there are after-effects following clinical recovery (which in the case of serious injuries can take months), we are faced with so- called permanent disability, i.e. definitive and irreparable psycho- physical damage that affects the entire life-span of the affected person. To evaluate this damage, expressed as a percentage precisely because it is specific to each individual person, it is advisable to contact a doctor who is an expert in forensic medicine, who will apply specific medico-legal tables.

Once the percentage of disability has been ascertained, the extent of the compensable damage will be determined on the basis of jurisprudential training parameters (Milan or Rome tables), now generally applied throughout the Italian territory.

These tables take into consideration both the severity of the damage (the more serious the damage, the higher the percentage recognized) and the age of the injured person (calculation of permanent disability understandably decreases in relation to age).

The same doctor will then take care of calculating the days of temporary disability (mentioned above), on the basis of which corresponding compensation will be determined, always using parameters set in the aforementioned tables.

The amount of compensation for damages suffered will therefore be obtained by adding the amount recognized in the tables for temporary and permanent disability to the amount of medical expenses incurred, except as stated below.

Possible customization of damage

In very particular cases, an increase in damage compared to the criteria established by the tables mentioned above can be obtained through so-called customization. Think for example of the damage suffered to a leg by a footballer, or to a hand by a pianist. Personalization of the damage is recognized precisely because of the work carried out and the negative consequences for the individual life experience of the subjects involved. Depending on the type of injury, to be carefully assessed in terms of the impact on daily life by the medical examiner, possible personalization of the damage can be hypothesized.

As you can imagine, this further increase in compensation presupposes the evaluation and proof of specific circumstances, often by a Judge, and therefore cannot always be achieved outside of court, since insurance companies are generally very reluctant to recognize it. Civil proceedings need to be initiated in Court, and this delicate evaluation must obviously be carried out on a case- by-case basis.

Conclusions

From this brief analysis it is clear that quantifying the damage caused by an accident is far from easy. Many variables have to be taken into consideration.

In the unhappy event that you are involved in a road accident in Italy, especially if this results in physical injuries, it is certainly advisable to contact a lawyer, who can explain the concrete prospects of compensation for damages.