Road Traffic Accident Compensation: How To Obtain It From The Insurance Company

How to obtain compensation for damages caused by a road traffic accident and how insurance reimbursement works. Time limits, procedures, rights and legal assistance. Updated guide 2026.

Being involved in a road traffic accident can be a deeply distressing experience, both because of the physical and emotional impact and due to the practical and bureaucratic consequences that follow.

Beyond dealing with the immediate aftermath of the accident, one of the most important aspects is understanding how to obtain compensation for road traffic accident damages from the insurance company.

What is the most appropriate procedure to follow? What are your rights, and when can it be useful to seek assistance from a law firm?

What road traffic accident compensation is

In Italy, anyone who suffers a road traffic accident has the right to obtain compensation for the damages resulting from the event, provided that those damages were caused, directly or indirectly, by the negligent or wrongful conduct of another person or by external factors such as poor road conditions.

This compensation covers:

• Property damage, meaning the costs of repairing or replacing the vehicle and other property damaged in the accident.
• Personal injury, including medical expenses, loss of income and, in certain cases, non financial damages related to injuries.

The legal basis for reimbursement is the general principle of civil liability set out in the Italian Civil Code and the Insurance Code, which require anyone who causes damage to compensate it financially.

When the right to road traffic accident compensation arises

The right to compensation for a road traffic accident arises at the very moment the damaging event occurs, provided that the damage is the immediate and direct consequence of the conduct of the responsible party or of an external factor.

In order to effectively exercise this right and avoid losing it, it is essential to comply with the legal time limits set out in Article 2947 of the Italian Civil Code:

• Ordinary limitation period (2 years): this is the standard time limit for damages caused by the circulation of vehicles. If a formal claim is not submitted within 24 months of the accident, the right expires.
• In the event of a criminal offence: if the accident constitutes a criminal offence, such as personal injury or road homicide, longer limitation periods apply under criminal law.
• Reporting deadlines: although the right arises at the time of the accident, insurance policies usually require the accident to be reported within 3 days.

Who pays the compensation: insurance company and liable party

In the event of a road traffic accident, compensation is mainly paid by the insurance company (motor liability insurance) of the liable party, within the limits of the policy coverage.

Where the legal requirements are met, the direct compensation system applies, meaning compensation is paid by the injured party's own insurance company.

The liable party pays personally only in specific cases, such as lack of insurance coverage, driving under the influence with insurer recourse, or when damages exceed the policy limit.

Here are the key details on how payments work:

• Direct compensation (CARD system): where the conditions are met and the accident involves only two vehicles insured in Italy, the law provides that the injured party claims compensation directly from their own insurance company, which is then reimbursed by the insurer of the liable party.

• Ordinary compensation procedure: if direct compensation does not apply, for example in accidents involving more than two vehicles or pedestrians, the claim must be submitted to the insurer of the liable party.
• Role of the liable party: the civilly liable party or vehicle owner is legally obliged to compensate the damage, but where valid insurance exists, this obligation is transferred to the insurance company.
• Cases in which the liable party pays personally:
• Expired insurance: after the 16 day grace period, the liable party must pay out of pocket, while the victim is compensated by the Road Accident Victims Guarantee Fund.
• Insurer recourse: if the driver was intoxicated, unlicensed or fled the scene, the insurer compensates the victim and then seeks reimbursement from the liable party.
• Contributory negligence: if liability is shared, damages are paid in proportion to the percentage of responsibility established.

In summary, the injured party receives payment from the insurance company, either their own or that of the other driver, while the liable party pays personally only in cases of contractual breach or lack of insurance.

Regulatory updates on reimbursement and compensation for road traffic accidents

The legal framework protecting road accident victims is set out in the Civil Code and the Insurance Code, which regulate liability and damage assessment procedures.

Between late 2024 and early 2025, Italian legislation on road accident compensation underwent significant updates aimed at simplifying procedures, increasing transparency and speeding up payments, particularly through the introduction of a new National Unified Table and stricter timing rules.

1. New time limits and compensation procedures

• Insurance company response times: insurers must make a compensation offer, even without an amicable accident report, or explain their refusal:
  • within 60 days for property damage
  • within 90 days for personal injury

These time limits run from receipt of a complete claim with all required documentation and apply to both ordinary and direct compensation procedures.

Greater transparency on premiums: insurers are required to provide more detailed information on the criteria used to calculate insurance premiums, offering greater transparency to consumers.

Direct compensation: this is the mandatory procedure in accidents involving only two vehicles insured in Italy with minor injuries or property damage only, allowing the injured party to claim from their own insurer instead of the liable party's insurer.

2. National Unified Table for personal injury damage

One of the most significant developments is the move towards a National Unified Table for quantifying biological damage, aimed at ensuring more consistent compensation across the country for both minor and severe injuries.

Updated compensation amounts: the tables for biological damage and financial and non-financial damages were updated by the Ministry of Enterprises and Made in Italy for 2025.

3.Amendments to the Highway Code and road safety

Road Safety Decree: effective from late 2024, it introduced changes affecting accident dynamics and liability assessment, with a focus on prevention.

Foreign vehicle insurance: stricter rules apply when foreign registered vehicles are involved, with defined procedures for identification and compensation through CONSAP.

4. Passengers and third parties

Passengers have the right to compensation for physical injuries regardless of the determination of drivers' liability.

The claim must be submitted to the insurer of the vehicle in which the passenger was travelling.

What damages are compensated after a road traffic accident

After a road traffic accident, insurers compensate property damage to vehicles and transported items, as well as physical and financial damages suffered by non liable persons.

Compensation includes repair costs, medical expenses, loss of earnings and psychological suffering, covering both minor and serious injuries.

Compensable damages are divided into two main categories:

Financial damages (actual economic loss)

• Direct loss: repair costs or market value of the vehicle if written off, towing, storage and medical expenses incurred.
• Loss of earnings: loss of income, for example if the injured person cannot work during recovery.

Non-financial damages (personal injury)

• Biological damage: temporary or permanent impairment of physical or psychological integrity, quantified as a percentage of disability.
• Moral damage: inner suffering, pain and emotional distress caused by the event.
• Existential damage: alteration of everyday life habits.

For physical injuries, compensation is based on the Milan Court Tables as the prevailing judicial standard for serious injuries, or on ministerial tables for minor injuries.

How insurance compensation works after a road traffic accident

The procedure for claiming compensation from an insurance company follows a precise process:

Reporting the accident

It is essential to report the accident to your own insurance company or, where applicable, to the insurer of the other party, with a clear description of the facts.

The report may also be submitted by registered mail with return receipt or by certified electronic mail.

Choosing the compensation procedure

There are two possible ways to obtain compensation:

• Direct compensation: you can claim directly from your own insurer if the accident meets specific criteria, such as liability of the other party and vehicles insured in Italy.
• Ordinary procedure: the claim is submitted to the insurer of the liable party.

Collecting documentation

It is always advisable to document the accident with photographs, gather witness statements and, where possible, complete the amicable accident report form.

Medical reports for any injuries must also be collected immediately.

Damage assessment and insurance settlement

The insurer assesses the damages.

Property damage is calculated based on repair costs or market value.

Personal injury is assessed according to criteria that take the severity of the injuries into account.

The insurer must make an offer within 60 days for property damage, or 30 days if the amicable report is jointly signed, and within 90 days for personal injury.

After its assessment, the insurer communicates a compensation offer or a refusal.

Compensation consists of a monetary payment by the insurer to cover the damages suffered.

If the offer is rejected or deemed inadequate, negotiation is possible or, if necessary, legal action may be taken.

Accident involving an uninsured or unidentified vehicle

Compensation is also available when the liable vehicle is uninsured or unidentified.

The Road Accident Victims Guarantee Fund, managed by CONSAP, covers personal and property damage in cases meeting specific legal requirements.

An uninsured liable party faces severe administrative penalties, including a fine from 866 euros to 3,464 euros, seizure and possible confiscation of the vehicle, pursuant to Article 193 of the Highway Code.

Detailed procedure:

• Authorities must be called immediately to record the accident and verify the absence of insurance coverage. Witness statements, photographs and the liable party's details should be collected.
• A compensation claim must be submitted to CONSAP, Road Accident Victims Guarantee Fund, by registered mail or certified email, indicating the designated insurer for the region where the accident occurred.

The Fund covers personal injuries without excess and property damage with a 500 euro excess if the liable vehicle is identified.

• If comprehensive insurance or specific uninsured collision coverage exists, your own insurer may be activated to speed up the process.

Sanctions for uninsured drivers

In addition to fines, the uninsured vehicle is seized until a policy of at least six months is taken out and transport and storage costs are paid.

Repeat offences within two years lead to doubled penalties and possible licence suspension.

After compensating the victim, the Fund exercises its right of recourse against the uninsured owner or driver, who must repay the full amount.

Accidents involving foreign registered vehicles

In Italy, accidents involving foreign registered vehicles are subject to stricter rules to protect injured parties and ensure compensation, often managed through the Italian Central Office or CONSAP.

Recent regulatory developments impose stricter identification procedures, particularly in light of mandatory re registration requirements for vehicles permanently circulating in Italy.

When UCI or CONSAP intervene

In accidents involving a foreign vehicle, whether from the EU or outside it, the procedure is as follows:

• Vehicle identification: it is essential to identify the licence plate, country of registration and, if possible, the foreign insurer. Photographs of the vehicle and Green Card should be taken.
• Submitting the claim: the compensation claim must be sent by registered mail or certified email to the Italian Central Office. Direct compensation generally does not apply.
• Role of CONSAP and the Compensation Body: if the foreign vehicle is registered in a European Economic Area country or if the insurer has not appointed a representative in Italy, compensation may be handled by the Italian Compensation Body at CONSAP.

Obligations for foreign registered vehicles

• Mandatory re registration: new legislation requires foreign vehicles circulating in Italy beyond a certain period to be re-registered with Italian plates, ensuring compliant insurance coverage.
• Restrictions on foreign plates: new Highway Code rules limit prolonged circulation with foreign plates, reducing cases of unidentified vehicles.
• Unidentified or uninsured vehicles: if the foreign vehicle is unidentified or uninsured, compensation is handled by CONSAP through the Guarantee Fund.
• CONSAP ANIA IVASS procedures: new guidelines introduce stricter rules for compensation, particularly for passengers, even in the absence of insurance.

Practical advice in accidents involving foreign vehicles

• Complete the amicable report (CAI) if possible, even in a foreign language.
• Check the validity and nationality of the Green Card.
• Involve witnesses, as disputes may be more complex and time consuming.
• Legal rights may be enforced through an Italian lawyer even when the liable vehicle is foreign.

Rights of passengers and third parties in road traffic accidents

Passengers also have the right to compensation after being involved in a road traffic accident.

A passenger, defined as a third-party passenger, is entitled to full compensation for physical and property damage suffered, regardless of the driver's liability.

The insurer of the vehicle in which the passenger was travelling must compensate them pursuant to Article 141 of the Insurance Code, even if the vehicle was not at fault or no other vehicles were involved, without waiting for liability to be determined.

Key aspects

• The right to compensation always exists, except in cases of unforeseeable and unavoidable events.
• Seat belts or helmets must be worn. Failure to do so may reduce compensation due to contributory negligence, but does not exclude it.
• Time limits generally expire after 2 years or 5 years if the event constitutes a criminal offence.

Key elements of compensation

• Who is compensated: non liable drivers, passengers and pedestrians.
• Procedure: under direct compensation, your insurer pays for vehicle damage and minor injuries up to 9 percent permanent disability if only two identified and insured vehicles are involved.
• Time limits: insurers must make an offer within 30, 60 or 90 days.

Specifically:

• 30 days for property damage with jointly signed report
• 60 days for property damage without report
• 90 days for personal injury

Rights of foreign citizens in road traffic accidents

Foreign citizens involved in a road traffic accident in Italy may act under Italian law to obtain compensation for damages suffered, regardless of nationality or residence status, and enjoy the same compensation and legal protection rights as Italian citizens.

Rights of foreign citizens in Italy:

• Equal treatment: foreign citizens are entitled to compensation for physical and property damage caused by an accident in Italy.
• Compensation for relatives abroad: in fatal accidents in Italy, relatives of the deceased foreign citizen, even if residing abroad, are entitled to compensation, including non-financial emotional damage.
• Medical assistance: emergency medical care is guaranteed even to non-residents.
• Legal protection: the right to appoint an Italian lawyer and pursue compensation while remaining in the country of origin.

Procedure following an accident in Italy

• Accident involving a foreign vehicle: the claim must be submitted to the Italian Central Office by registered mail.
• Accident involving an Italian vehicle: the standard direct or ordinary procedure applies.
• Guarantee Fund: if the liable vehicle is unidentified, uninsured or insured by an unauthorised company, foreign citizens may apply to the Road Accident Victims Guarantee Fund.

Required documents

To obtain compensation it is essential to collect:

• Amicable report or police report
• Details of the other party
• Medical documentation
• Photographs of vehicle damage

Important aspects

• Applicable law: accidents occurring in Italy are governed by Italian law.
• Time limits: compensation rights are subject to statutory limitation periods.
• Language: foreign citizens have the right to receive communications in an understandable language, even though formal procedures are conducted in Italian.

When it is advisable to consult a lawyer

Compensation procedures may appear straightforward in simple cases but can become complex when:

• the insurer disputes liability or the extent of damage
• serious personal injuries are involved
• multiple vehicles or parties are involved

In such situations, relying on a lawyer specialising in road traffic accident compensation can make a decisive difference in managing deadlines, collecting evidence and negotiating effectively with insurers.

Obtaining reimbursement after a road traffic accident requires attention, accurate documentation and knowledge of insurance and legal rules.

The international law firm Boccadutri provides qualified assistance in road traffic accident compensation matters, including complex and cross border cases.

If you have been involved in an accident and want to ensure your rights are protected and that you receive fair compensation, contact us for a personalised assessment of your case.

FAQ

How long do I have to claim compensation after a road traffic accident?

Generally, the right to compensation expires after 2 years from the date of the accident. The period may extend to 5 years if the event constitutes a criminal offence.

How long does the insurance company have to respond?

The insurer must make an offer or justify refusal within 60 days for property damage and within 90 days for personal injury from receipt of a complete claim.

Does compensation cover medical expenses and loss of income?

Yes. Compensation may include medical expenses, vehicle damage, loss of earnings and other related damages.

Can I obtain compensation if I was a passenger?

Yes. Passengers are entitled to compensation regardless of the drivers' liability.

What happens if the liable vehicle is uninsured or unidentified?

In such cases, claims may be submitted to the Road Accident Victims Guarantee Fund, which intervenes according to legal criteria.

How long does it take to receive payment from the insurance company?

Once an offer is made, the insurer must pay within statutory time limits, which vary depending on the type of damage and procedure. In uncontested cases, payment generally occurs within a few weeks of acceptance. Timelines may be longer in complex cases involving serious injuries, multiple vehicles or disputed liability.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.