A car accident in Milan can leave very concrete doubts: is it enough to fill out the amicable accident report form? Which insurance company should send the compensation claim? How much time must pass before receiving a response and what happens if the other party contests the reconstruction?

In this guide I want to clarify the difference between accident reporting and the compensation claim, explain when direct compensation operates, and show why foreign license plates, personal injuries, and possible contributory negligence change the path. The rules are national even if the accident happens in Milan; what changes are the facts you manage to document and the entity to which you correctly address the request.

Accident Reporting and Compensation Claims Are Not the Same Thing

Reporting the accident is not always enough to claim damages payment. The report informs the company that the accident occurred; the compensation claim instead identifies what you are asking for, from whom you are asking it, and which damages you link to the accident. Confusing the two steps can make it harder to understand when the deadlines of the assessment procedure begin.

The general deadline for notifying your insurer is three days from the accident or when you became aware of it, under Article 1913 of the Italian Civil Code, subject to more favourable policy terms. A delay does not always mean losing the indemnity: Article 1915 distinguishes deliberate failure from negligent failure and, in the latter case, considers the prejudice suffered by the insurer. In motor liability insurance, the insurer cannot invoke the insured’s failure to notify against the injured third party under Article 148(9). This deadline is separate from those for a compensation claim or the limitation period.

The accident report form is useful, but it does not decide liability on its own. Indications on date, location, vehicles, maneuvers, visible damages, and any witnesses can become important elements to reconstruct the fact. The signature of both drivers can speed up the procedure for property damage, but it does not automatically make an inaccurate reconstruction true nor does it prevent the insurer from carrying out investigations.

Evidence must be gathered without altering the vehicle. Photographs of the vehicles and final position, policy and license plate data, witness personal details, reports from intervening authorities, and repair estimates help distinguish the damage actually caused by the impact from previous or unrelated damage. If the vehicle must be repaired urgently, keeping complete documentation becomes even more important.

The Recipient Company Depends on the Type of Accident

Direct compensation allows, in certain hypotheses, to turn to one's own company. The system provided by Article 149 of the Insurance Code concerns the collision between two identified and insured motor vehicles; the implementing regulation further delimits its field of application. It is therefore not a rule valid for every accident, but a procedure designed for certain collisions between vehicles. Private Insurance Code, Legislative Decree 209/2005 and regulation on direct compensation, D.P.R. 254/2006.

Direct compensation covers vehicle damage and, within precise limits, minor injuries of the non-at-fault driver. D.P.R. 254/2006 in fact distinguishes this hypothesis from the position of the transported passenger, for whom the Insurance Code provides a specific procedure. If there are non-minor injuries, multiple liable vehicles, or circumstances outside the perimeter of the direct system, it is necessary to identify the different applicable procedure. Scope of direct compensation in D.P.R. 254/2006.

Outside of direct compensation, the claim must be addressed to the enterprise of the vehicle deemed responsible. This is the ordinary procedure governed by Article 148 of the Insurance Code. The choice of the recipient is not a formal detail: a claim sent only to one's own company, when the direct system does not operate, does not replace the request addressed to the liable party's insurer. Ordinary procedure in the Insurance Code.

The Deadlines of 30, 60, and 90 Days Begin From a Complete Request

For property damage, the ordinary deadline for the offer or reasoned denial is sixty days. The deadline is reduced to thirty days when the amicable accident report form is signed by both drivers. For personal injury, the ordinary deadline is instead ninety days. These times govern the enterprise's response to the compensation claim; they do not equate to a guarantee of full payment nor do they automatically resolve every dispute. Articles 145 and 148 of the Insurance Code. ^[1]

The claim must contain the data necessary to handle the accident. For vehicle damage, the concrete possibility of inspecting it also counts: the insurer must be able to verify damages, compatibility with the impact, and the cost of repair. If essential information is missing or the vehicle is not made available for the appraisal, the comparison on deadlines becomes more problematic and the damage may be harder to prove.

Waiting for the insurance response does not mean waiving the right. Article 145 of the Code links the admissibility of legal action to the lapse of sixty days from the request, or ninety days for personal injury, when the relative procedure is applicable. This is a different term from limitation: for circulation damage, Article 2947 of the civil code normally provides for two years, with specific rules if the fact constitutes a crime and the criminal term is longer. Civil Code, Article 2947. ^[1] Before suing for damage from vehicle circulation, assisted negotiation must also be considered, subject to the statutory exceptions and alternatives.

Contributory Negligence: Why the Percentage Is Not Presumed From Damage Alone

Shared liability can reduce compensation, but it must be linked to concrete facts. In the collision between vehicles, Article 2054 of the civil code provides for a presumption of equal contributory negligence if it is not proven that everything possible was done to avoid the damage. However, this does not mean that every impact automatically determines a fifty percent division: signs, right of way, speed, points of impact, statements, images, and reports can support a different reconstruction. Civil Code, Article 2054.

Material damage requires proof of existence, nexus with the accident, and value. An estimate can explain which repairs are necessary, but it does not always replace the vehicle inspection. Invoices and receipts document the expense incurred; photographs and appraisals help prove that the damages were compatible with the accident. If prior damage exists in the same area, it must be separated from the new one instead of summing indistinct items.

For personal injuries, medical documents consistent with the event are needed. Emergency room reports, certifications, examinations, prescriptions, and medical expenses make it possible to define the duration of treatments, any permanent aftereffects, and related costs. Personal injury does not coincide with the initial diagnosis alone: clinical evolution, medico-legal assessment, and proof of the relationship between injury and accident affect it. The Insurance Code contains specific rules for the evaluation of minor injuries. Rules on personal injury in the Insurance Code.

Vehicle With Foreign License Plate: The Ordinary Channel May Change

A foreign license plate generally excludes Italian direct compensation. The regulation limits the direct system to vehicles registered in Italy and, under specific conditions, to vehicles from San Marino or Vatican City insured with companies adhering to the system. For an accident that occurred in Milan with a vehicle registered in another State, it is not prudent to automatically send the claim to one's own company as if it were a normal CARD claim. Vehicles registered abroad and direct compensation. ^[2]

The entity authorized to handle the request must be identified first. The state of registration, the insurance company, the validity of coverage, and the place of the accident matter. For cross-border accidents occurring outside the state of residence of the injured person, Union law provides for claims representatives and information tools to trace the insurer; such mechanisms do not replace the identification of the correct channel in the individual accident. Directive 2009/103/EC on motor insurance.

Before Accepting an Offer, Separate What Is Defined From What Remains to Be Proven

An offer must be read together with the items it intends to settle. It is necessary to distinguish already documented damages, damages still to be assessed, and sums possibly proposed as a final settlement. The difference is decisive especially if medical treatments are not concluded or if the vehicle has not yet been examined. Accepting a sum without understanding which claims it includes can make it harder to discuss unconsidered items later.

The first useful check is to order the facts, not multiply documents. Keep together the CAI form or report, vehicle and insurance data, photographs, any reports, communications received, estimates or invoices and, if there are injuries, medical certifications. From here you can understand if the request is complete, if the recipient is correct, and if the dispute concerns liability, causation of damage, or quantification. If these points remain uncertain, you can contact me to frame the applicable procedure.

Frequently Asked Questions

Can I use direct compensation if the other driver does not sign the CAI?

Yes, the joint signature is not a general condition to claim direct compensation. However, it affects the deadline provided for property damage: with the CAI signed by both, the thirty-day deadline may apply; without a joint signature, the sixty-day deadline normally operates, if the other requirements of the procedure are met.

Within how much time must the insurance respond to my request?

For property damage, the deadline is normally sixty days. It becomes thirty days with an amicable report signed by both drivers; for personal injury, it is normally ninety days. However, the request must contain the necessary elements and allow assessments on the damage. Insurance Code: assessment procedure. ^[1]

Does contributory negligence always mean halved compensation?

No, fifty percent is not automatic. In the collision between vehicles, a presumption of equal liability can operate if a different reconstruction does not emerge. If reliable evidence shows that one of the drivers violated a decisive traffic rule, the division can change. Article 2054 of the civil code.

Can I have the car repaired immediately?

You can tackle a necessary repair, but you must preserve the proof of damage. Before repair, detailed photographs, an estimate, repairer data, and availability of the vehicle for appraisal when requested are useful. If the car is repaired without sufficient documentation, it can become harder to prove the extent and compatibility of the damages.

If the liable vehicle has a foreign license plate, must I send the request to my company?

Not automatically. Direct compensation has specific limits for vehicles registered outside Italy. It is necessary to first verify the state of registration, insurer, and competent channel for handling the accident; the fact that the accident occurred in Milan does not make the Italian direct procedure applicable by itself. Regulation on direct compensation. ^[2]