Road Accident in Italy: A Brief Guide for Foreign Nationals
Are you a foreigner involved in a road accident in Italy? You are in the right place. In this brief guide, we will explain how to proceed after carefully assessing the situation. The relevant legal reference in these cases is Article 189 of the Italian Highway Code.
First of all, an important premise. It has been established that a foreigner is always allowed to approach the Italian judge to claim compensation for material and immaterial damage resulting from the violation of inviolable personal rights (such as life or health) that occurred in Italy. This is regardless of any condition of reciprocity with the country of origin.
Thus, the foreigner can seek recourse against the person responsible for the damage, as well as against other subjects who, according to Italian law, are obliged to respond, including the insurer of the civil liability arising from the circulation of vehicles and the Guarantee Fund for Victims of Road Accidents.
(For an overview, you can consult this other article from our blog about compensation for damage in Italy)
Mandatory Call to 118 (Emergency Health Number)
When a road accident occurs in Italy, the first thing is important to remain calm and assess the circumstances of the situation. This applies whether you find yourself being a victim or whether you are responsible or a concurrent party.
If there are injuries (even if not particularly severe), it is always mandatory to call 118 for two reasons:
- to fulfill the obligation to provide assistance as contemplated by Art. 189 of the Highway Code, otherwise punishable by imprisonment from one year to three years, along with an additional administrative sanction consisting in the suspension of the driving license for a period not less than one year and six months and not more than five years.
- to ensure that the emergency room visit can adequately assess and treat potential traumas that may not be particularly evident; among other things, the emergency room report, if there are damages, is crucial for any request for compensation for injuries.
Once the call is made, the 118 operator will act to inform the road police and request them to intervene at the scene of the accident.
Therefore, it is strictly forbidden to proceed autonomously to clear the road: the parties involved have the obligation to wait for the arrival of the authorities without moving vehicles, unless they largely obstruct traffic.
Intervention of Law Enforcement: Mandatory, Possible or Superfluous
Whether or not there are injuries, the same Article 189 of the Highway Code, in the second paragraph, prescribes that those involved in a road accident in Italy must act to safeguard traffic safety and not alter the state of the scene, so as not to eliminate traces useful for determining responsibilities.
When is the intervention of law enforcement mandatory?
It is certainly mandatory to call law enforcement if there is a serious accident or, in cases of less serious accidents, when it is not possible to autonomously clear the road to avoid obstructions and possible dangers for other motorists.
In such cases, you must call the number 112 (Single Emergency Number), which is useful for various types of emergency requests: the operator of the single central will forward the call to the competent Operational Center depending on the type of emergency (State Police, Carabinieri, Fire Brigade, Medical Emergency). Calling 112 is free from both landline and mobile phones (even if you have no credit).
When is the intervention of law enforcement possible but not mandatory?
The intervention of the authorities is useful in cases where the parties involved do not agree on the dynamics of the accident or there is a lack of insurance for one of the vehicles involved.
This way, it is possible to be assisted by the authorities who document the state of things by drafting an appropriate report.
The report is very relevant (if not necessary) when there is an uninsured vehicle; it is the only way to forward the damaged party’s request to the Road Victims Guarantee Fund. The compensation request should be sent to CONSAP (i.e., the Concessionaire of Public Insurance Services that manages the Fund) and to the insurance company depending on the location of the accident.
While waiting for the arrival of law enforcement, it is advisable not to move the vehicles, so that the incident can be documented (and then reconstructed) in the best possible way. This is always unless there is a concrete danger to third parties. Upon the arrival of the authorities, it is necessary to have them verbalize the statements needed to reconstruct the dynamics of the facts; in this way, the report (which has a particular probative effectiveness, as we will see in another paragraph) can later be produced during the compensation procedure.
When is the intervention of law enforcement superfluous?
If the accident is not serious and the drivers agree on the entire dynamics of the facts, it is possible to remove the vehicles from the road (if possible, photographing their state) and compile the CAI (Friendly Findings Form). In this case, the accident can be managed autonomously; it is not necessary to call the law enforcement because the reconstruction of the facts and the verification of responsibilities can be directly inferred from the statements provided by the parties involved through the compilation of the “blue form” of the CAI.
To avoid problems during any compensation procedure, it is advisable to take photographs of the state of the vehicles at the moment of the accident to provide the insurance (and the judge, if there should be a lawsuit) with evidence for the decision. If possible, it is appropriate to find and identify witnesses who can confirm the circumstances of the accident.
What to Do Immediately After a Road Accident in Italy?
If you are involved in a road accident in Italy, in addition to providing aid to the injured (as mentioned), certain behaviors must be assumed to avoid endangering yourself and others. In detail:
- turn on the emergency lights of the vehicles
- exit the cars wearing reflective jackets
- place a reflective emergency triangle on the road (which is part of the mandatory equipment of cars) to indicate the presence of a hazard
- take photographs of the accident and, if possible, move the cars off the roadway to not cause damage to traffic
If you find yourself on a motorway (or on multi-lane roads), it is advisable to move the vehicles to the emergency lane or to lay-bys, otherwise call roadside assistance stating the exact location and wait for the arrival of the rescuers.
The Value of the Road Accident Report in Italy
The accident report is a document that is drafted by the officers of the Law Enforcement who intervened at the scene of the accident. It is a “public act,” that is, a document formed and signed by a public official in the exercise of his functions.
For this reason, it has privileged probative value: what is written by the agent concerning what he himself ascertains to have occurred in his presence is considered true (unless there is a complaint of forgery). Therefore, the report fully proves (until a complaint of forgery):
- the origin of the document from the public official who wrote it
- the fact that the statements of the parties were made to the public official (not the intrinsic veracity of the same)
- the facts that the public official attests to having occurred in his presence or those performed by the same.
Except in the case where the agent personally witnessed the accident, the report, therefore, does not have privileged faith regarding the dynamics of the accident: this will only be reported to him afterward by the parties involved/present (whose statements are included in the report).
The logical deductions and consequent reconstructions offered by the agents do not have a particular probative value; their contestation is allowed through the proposition of a different reconstruction of the facts based on contrary evidence that is suitable and convincing (e.g., photographs, testimonies, etc.).
How to Report a Road Accident in Italy
It is necessary to report the accident as soon as possible (no later than three days as provided by Article 1913 of the Civil Code) to your Insurance Company, i.e., the one with which the insurance contract for your vehicle was signed.
If the CAI has been compiled and the conditions for activating direct compensation exist, it is sufficient to send the same, along with the accident report, to your Insurance; if, instead, it has not been compiled or it is not possible to proceed via direct compensation, it is necessary to report the accident also to the Insurance Company of the vehicle responsible for the accident.
What Does the Principle of Equal Responsibility Mean?
Regarding the “responsible for the accident,” for Italian law (Article 2054 of the Civil Code), in cases of road accidents, responsibility is presumed equal for all drivers involved, unless proven otherwise (e.g., at 50% if there are two, at 33% if there are three, etc.). Therefore, if two cars collide, there is a presumption of responsibility of both drivers at 50%, unless one of the parties proves that the attribution of fault can only be ascribed to the other. In the case where, instead, the dynamics of the accident have not been clarified, all the parties involved will have the same responsibility.
To disprove this presumption of responsibility, one must provide contrary evidence, that is, demonstrate compliance with the Highway Code, differently from the other party involved. The proof can be provided through any means: testimonies, photographs, video recordings, expert reports, police reports, etc.
Conclusions
To carry forward your compensation practice and to obtain the best protection of your rights, we recommend relying on the expertise of one of our Italian lawyers specialized in road accidents.
