Road Accident in Italy: What to Do — A Step-by-Step Guide for Foreign Nationals

Being involved in a road accident in Italy as a foreign visitor or non-resident creates an additional layer of complexity beyond the already stressful situation of dealing with the accident itself. Language barriers, unfamiliarity with Italian procedures, uncertainty about insurance claims across borders and the need to return home before the matter is resolved all create practical challenges that do not arise for Italian residents.

This guide explains — step by step — what to do immediately after a road accident in Italy, how to document the incident correctly, how the Italian insurance claim system works, and how to pursue compensation after you have returned to your home country. For a broader overview of how Italian law approaches compensation for personal injury, see our article on compensation for damage in Italy: the legal framework. For direct legal assistance, see our page on Italian personal injury lawyer for foreign nationals.

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Your Right to Compensation as a Foreign National in Italy

A threshold point that many foreign nationals are uncertain about: as a foreign national — whether legally resident in Italy, visiting as a tourist, or present irregularly — you have the same right to claim compensation for personal injury and property damage from a road accident in Italy as an Italian citizen. This right is not conditional on any reciprocity requirement with your country of origin when the claim concerns fundamental rights such as physical integrity and health.

You can bring a claim against the at-fault driver, against their Italian insurer (RCA insurance is mandatory for all vehicles circulating in Italy), and — where the at-fault vehicle is uninsured or unidentified — against CONSAP, which administers the Guarantee Fund for Victims of Road Accidents (Fondo di Garanzia per le Vittime della Strada).

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Immediate Actions at the Scene

Step 1: Ensure Safety and Call Emergency Services

The first obligation is to assess the scene calmly and ensure the safety of everyone involved. Under Article 189 of the Italian Highway Code (Codice della Strada), anyone involved in a road accident is required to stop and provide assistance to injured persons. Failure to stop and assist is a criminal offence carrying imprisonment of between one and three years and an automatic suspension of the driving licence for between 18 months and five years.

If anyone is injured — even if the injury appears minor — call 118 (the Italian medical emergency number) immediately. This serves two purposes: it fulfils the legal obligation to summon assistance, and it ensures that injuries are assessed and documented by emergency medical personnel. The emergency room report produced at the hospital is a critical document for any subsequent personal injury compensation claim. Injuries that are not assessed medically at the time of the accident are significantly harder to claim for afterwards.

While waiting for emergency services, activate the vehicle’s hazard lights, put on reflective jackets before exiting the vehicle, and place the reflective emergency triangle (mandatory equipment in Italian vehicles) on the road to warn approaching traffic. Do not move the vehicles unless they represent an immediate danger to traffic — the state of the vehicles at the scene is important evidence.

Step 2: Call the Police Where Required

The single emergency number in Italy is 112, which routes to police (Polizia di Stato or Carabinieri), fire brigade or medical services as appropriate. Police attendance at the scene is:

• Mandatory where there are serious injuries or fatalities, or where the vehicles cannot be moved without creating a traffic hazard
• Strongly advisable where the parties disagree on the dynamics of the accident, where one of the vehicles involved is uninsured, or where the accident involves a hit-and-run situation. In these cases, a police report is the only means of activating the Guarantee Fund for uninsured vehicles
• Not required where the accident is minor, both parties agree on the facts and all vehicles are insured — in this case, the parties can manage the matter through the CID/CAI form (see below)

Step 3: Document the Scene Thoroughly

Regardless of whether police attend, comprehensive photographic and video documentation of the accident scene is essential. Before moving any vehicle, photograph:

• The position of all vehicles on the road
• The damage to each vehicle, from multiple angles
• Any skid marks, debris or road markings relevant to the accident dynamics
• Any traffic signs, signals or road conditions relevant to the accident
• Any injuries (with consent)
• The driving licences and insurance documents of all drivers involved
• The number plates of all vehicles involved

Identify and note the names and contact details of any witnesses present at the scene. Witness testimony can be decisive in disproving the presumption of equal responsibility under Article 2054 of the Civil Code.

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The CID/CAI Form: Completing the Friendly Accident Statement

Where both drivers agree on the dynamics of the accident and all vehicles are insured, the standard Italian procedure is to complete the Constatazione Amichevole di Incidente (CAI) — also known internationally as the Constat Amiable d’Accident (CID). This is a standardised European form, available in multiple languages, that both drivers complete and sign together at the scene of the accident, recording the circumstances and each driver’s account of what happened.

Key points about the CAI:

• It must be signed by both drivers — a one-sided version signed by only one party has significantly less evidentiary value
• Once signed, it can be withdrawn and revoked, but doing so is procedurally complex and will attract scrutiny
• Read the form carefully before signing — in particular, confirm that the description of the accident accurately reflects your account and do not sign a version that attributes fault incorrectly
• Take a photograph of the completed form before the other driver takes their copy
• The form must be reported to your insurance company within 3 days under Article 1913 of the Civil Code

The CAI/CID form is the trigger for the direct compensation procedure (indennizzo diretto) described below.

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Reporting the Accident to Your Insurer

Under Article 1913 of the Italian Civil Code, every road accident must be reported to your insurance company within 3 days of the event. This obligation applies regardless of whether you are at fault and regardless of whether you intend to make a claim. Failure to report within this deadline can affect the insurer’s obligation to cover the claim.

For foreign drivers in Italy with non-Italian insurance:

• Report the accident to your home country insurer as soon as possible after returning
• If your vehicle was rented in Italy, report immediately to the rental company and to the insurer named in the rental agreement
• Retain copies of all documentation — the CAI form, police report number, photographs, emergency room report, medical records and any receipts for expenses incurred

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The Direct Compensation Procedure (Indennizzo Diretto)

Italy operates a direct compensation system for road accident claims where certain conditions are met. Under this system, the injured party claims compensation directly from their own insurer — rather than from the at-fault driver’s insurer — and the insurers settle the balance between themselves afterwards. This simplifies the claim for the injured party.

The direct compensation procedure applies where:

• The accident involves exactly two vehicles, both of which are registered and insured in Italy
• There are only material damages (property damage) with no personal injuries, or there are minor personal injuries only
• A CID/CAI form was completed and signed by both drivers

Where these conditions are met, the claim is submitted to the injured party’s own Italian insurer. Where the conditions are not met — for example, because one vehicle is foreign-registered, because there are serious injuries, or because no CAI was completed — the standard procedure of claiming directly against the at-fault driver’s insurer applies.

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The Police Report: Probative Value and Limitations

Where police attended the scene and drafted a formal report (verbale di accertamento), this document has privileged evidentiary value in subsequent proceedings as a public act under Italian law. Specifically:

• The report provides conclusive evidence of its own origin, of the fact that statements were made to the officer, and of facts that the officer personally witnessed or performed at the scene
• It does not provide conclusive evidence of the dynamics of the accident — the officer’s reconstruction based on what the parties told them afterwards is not privileged evidence and can be challenged
• The officer’s logical conclusions and fault attributions do not have privileged probative value and can be contested with alternative evidence such as photographs, witness testimony or technical reconstructions

The police report number is an important reference for any subsequent insurance claim or legal proceedings.

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The Presumption of Equal Responsibility (Art. 2054 Civil Code)

Under Article 2054 of the Italian Civil Code, where the dynamics of a road accident are not clearly established, each driver is presumed to be equally at fault — 50% each for a two-vehicle collision, 33% each for three vehicles, and so on. This presumption applies unless one party can prove that the other driver was solely responsible.

The presumption can be rebutted by any form of admissible evidence: witness testimony, photographs, video footage, dashcam recordings, technical accident reconstruction reports, police reports and skid mark analysis. For foreign nationals who may be returning home before proceedings are initiated, gathering and preserving all available evidence at the scene and immediately afterwards is particularly important.

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Pursuing Compensation After Returning Home

The fact that you have returned to your home country does not prevent you from pursuing a compensation claim in Italy. The 2-year limitation period for road accident claims under Article 2947 of the Civil Code begins running from the date of the accident — this is relatively short and should be kept in mind.

An Italian lawyer can manage the entire claim process on your behalf under a power of attorney, without any requirement for you to return to Italy. This includes:

• Submitting the formal compensation request to the at-fault driver’s insurer (or to CONSAP, in uninsured cases)
• Engaging a medical expert to document and quantify any personal injuries according to the Italian system
• Negotiating with the insurer for an out-of-court settlement
• Initiating court proceedings if the insurer’s offer is inadequate or if the claim is rejected

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Frequently Asked Questions

What should I do if the other driver has no Italian insurance?

Report the accident to the police (calling 112) and ensure a formal report is drafted. This report is necessary to submit a claim to CONSAP, which administers the Guarantee Fund for Victims of Road Accidents. The Fund compensates victims where the at-fault vehicle is uninsured, unidentified (hit and run) or insured with a company in liquidation. An Italian lawyer can assist with submitting the claim to CONSAP.

I was injured in the accident. What medical steps should I take?

Go to the nearest emergency room (pronto soccorso) as soon as possible — ideally on the same day as the accident. Even if injuries feel minor initially, whiplash and other traumas can take days to manifest. The emergency room report is the primary medical document for a personal injury claim. Follow up with specialist medical consultations as recommended and retain all medical records and receipts. The medical documentation is the foundation of the injury compensation claim.

The other driver was at fault but their insurer is offering a very low settlement. What can I do?

You are not obliged to accept an insurer’s offer. You can reject the offer and negotiate further, or instruct an Italian lawyer to initiate legal proceedings. Under Article 148 of the Code of Private Insurance, the insurer must make a reasoned offer within a specified period; if the offer is inadequate, the dispute can be taken to court. Italian courts use standardised tables (including the Milan Tables) to assess personal injury values, often producing significantly higher awards than initial insurer offers.

I was a passenger in the vehicle — can I still claim?

Yes. Passengers have the same right to compensation as other injured parties and are not subject to the presumption of shared fault that applies between drivers. A passenger injured in a road accident in Italy can claim against the insurer of the vehicle in which they were travelling, against the insurer of any other vehicle involved, or against the Guarantee Fund if the at-fault vehicle is uninsured.

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Request an Initial Legal Assessment

If you were involved in a road accident in Italy and need assistance with the compensation claim — whether from Italy or from your home country — contact our Italian personal injury lawyer to request an initial legal assessment. We will review the circumstances and advise on the available options under Italian law.