A road accident It can happen to anyone, even to the most prudent driver. The question, however, is always the same: How to request compensationwith the guarantee of receiving how much it is up to us? Let’s see what you need to know, from the most common claims to the hidden “pitfalls”, to move without making mistakes, and get what we are due, not waste time and patience.
Not only the “classic” accidents
When you think of a leftthe mind immediately runs to the cars that collide. In reality, the law also speaks of accidents from “Insidia or pitfall”: that is, damage caused by holes, broken sidewalks, missing signs or other dangers that those who have in custody the road should have reported or arranged.
THE’Article 2051 of the Civil Code It clearly says that those who have the good in custody (for example the Municipality) replies of the damageunless you show that it was a fortuitous case. In practice, if you hurt ourselves or break something because of bad maintenance, you can ask for compensation. But the tests are needed: photos, testimonies and every element that connects the damage to the bad “thing”.
The fastest road: direct compensation
For accidents between vehiclessince 2007 there is a procedure that simplifies a lot: thedirect compensation. It means that we turn to the own insurance companynot to that of the counterparty. What it is good to do immediately in this case:
Fill out the blue form (that of friendly observation);
bring it to your company within 3 days;
Wait for V be performedErific on responsibility and damage.
If there are alone material damagethe reimbursement offer must arrive within 15 days. If, on the other hand, they also reported physical damagemust first deliver the medical certificate of healing, so that a medical examiner can evaluate the extent of the injuries. What can be asked for:
the vehicle damagethat the expert’s expert will quantify;
the physical damagethat a coroner will evaluate, indicating days of disability and possible degree of disability.
If the offer does not appear convincingis possible reject. In any case, within 15 days the company is required to Pour a deposit.
When compensation does not come
Not all cases give entitled to compensation, which is not paid if:
yes it is only managers And there is no Kasko policy;
The accident is the result of a malicious behavioror seriously imprudent;
It was not a rescue In case of injuries (also risking a criminal complaint).
When the direct compensation is not worth
You cannot always contact the own company. We must contact that of the manager if:
In the accident they are involved More than two vehicles;
there is a car registered abroad;
yes it is a passenger: In this case the request is made to the insurance of the car on which you traveled.
In which cases to contact a lawyer
It may happen that the company does not respond or make too low an offer. You can act legally if:
have passed 60 days without response;
have passed 90 days in case of personal injury.
Also keep in mind that there is a prescription period for compensation for damage from a traffic accident, set in two years from the day the event happened. To stop the prescription, just send a registered letter with return receipt or one PEC to your company with the formal request.
In any case, whatever the type of accident in which it should be incurred, the advice is Don’t trust memory.
Better take photos immediately, write down the plaque, now, place, collect the contacts of the witnesses. The more tests can be produced, the easier it is to get the right compensation, not stopping at what the company is willing to offer in the first instance.