After a road accident, the injured person may be entitled to compensation for the proven damages. To understand who is liable and how the payment is requested, two things must be separated: the basis of civil liability towards the victim and the obligation of the RCD insurer within the limits established by law and by the policy.
Criminal and contractual liability
Criminal liability arises, in principle, when an unlawful act committed with culpability causes harm to another person. The Civil Code imposes the general obligation not to harm the rights or legitimate interests of other persons and provides for the reparation of the harm if the conditions of liability are met.
Contractual liability concerns the failure to fulfill a contractual obligation without justification. After an accident, the relationship between the victim and the responsible driver is usually a criminal one, not contractual. However, there may be separate contractual relationships in particular circumstances, for example with a carrier or a service provider; the basis is determined by the specific facts and contracts.
What role does the car insurance RCA play?
The motor vehicle insurance does not turn the accident into a contractual dispute between the victim and the driver. The policy assumes, under the law, the civil criminal liability of the insured person for the damages caused to third parties. Law no. 132/2017 allows the injured person to file the claim for compensation directly with the motor vehicle insurance company.
If the compensation is determined in court, the victim’s rights are exercised against the insurer within the limits of their obligation, and the person or persons responsible for the accident are summoned in accordance with the conditions provided by the Motor Third Party Insurance Act. Therefore, the claim that the victim can only claim the full amount from the driver or, in any case, simultaneously from the driver and the insurer is too general; the path and limit of the claims depend on the insured situation and the applicable law.
What damages can be claimed
The compensation is related to the extent of the proven damage and to the applicable legal rules. Depending on the consequences of the accident, material damages, expenses related to the injury to health and other patrimonial or non-patrimonial consequences may be analyzed, if the legal conditions are met. For material damages caused to the goods, the Motor Third Party Liability Act establishes special rules regarding assessment and payment.
Useful documents may include accident-related documents, photographs and recordings, repair bills and receipts, medical records, income documents, and evidence of expenses. Each item must be related to the accident and the claimed damages. The mere existence of a policy does not automatically establish the amount of compensation.
The insurer's limit and the victim's fault
The insurer pays within the limits of the RCD liability provided by law and the contract; civil liability and the insurer’s obligation should not be confused. If the damage or part of it is not covered, the consequences are analyzed according to the law and the concrete circumstances, without assuming that a certain person automatically owes the difference.
If the injured person contributed culpably to the accident or to the increase in the damage, Article 13 of the Motor Third Party Liability Act stipulates that liability is determined according to the part attributable to each party and by evidence; when contributions cannot be determined, the law provides for equal rates. See also the explanation about the victim's fault in RCA accidents.
The reference texts are Civil Code, Articles 1.349–1.350 and 1.357 and following and Law no. 132/2017 on motor third-party liability insurance, In particular, the provisions regarding the covered damages, the claim for compensation and the determination of the payment. The content of the policy and the form of the law applicable at the date of the accident must be verified for each case.
