Comment on Judgment no. 15431 of 2024: The Presumption of the Friendly Accident Report

The recent order no. 15431 of June 3, 2024, issued by the Court of Cassation, focuses on a crucial issue in the context of civil liability arising from road accidents: the probative value of the friendly accident report. This judgment offers important clarifications on how the signing of the report form by both parties involved can serve as a presumption in favor of the insured, thereby establishing a burden of proof on the insurer.

Context of the Judgment

In the case examined, the Court of Rome had already addressed the issue, but the Court of Cassation wished to further clarify the matter. The headnote of the judgment states that:

Friendly accident report - Signing by both drivers - Presumptive value - Overcoming - Burden of contrary proof - On the insurer - Existence. In matters of civil liability from road accidents, the signing of the friendly contestation form by both drivers of the vehicles involved in the accident creates a presumption iuris tantum valid against the insurer, on whom rests the burden of providing contrary proof that the facts occurred in a manner and with consequences different from and incompatible with those indicated in that form by the parties.

Meaning of the Presumption iuris tantum

The presumption iuris tantum, as established in the judgment, implies that, once the friendly report form is signed, the insurer cannot simply contest the statements contained in the document without providing concrete evidence to demonstrate the contrary. This principle is based on the following aspects:

• The signing by both drivers lends credibility to the information contained in the form.
• The insurer has the burden of proving that the accident occurred differently from what was declared.
• The rule is based on principles of good faith and fairness between the parties involved.

Practical Implications of the Judgment

This order has significant practical implications for drivers and insurance companies. In particular, it emphasizes the need for insurers to be prepared to provide detailed and documented evidence in case of contesting the information contained in the friendly report. Furthermore, drivers must be aware of the importance of correctly completing the form, as this document will carry significant weight in the event of a dispute.

Conclusions

In conclusion, judgment no. 15431 of 2024 represents an important step in clarifying the legal value of the friendly accident report and the burden of proof on the insurer. This principle not only protects the rights of the insured but also promotes greater responsibility and clarity in the dynamics of compensation for damages arising from road accidents.