Court of Cassation, Civil Section III, Judgment No. 40885 of 2021: Reflections on the Applicability of Article 141 of the Insurance Code
The recent judgment No. 40885 of December 20, 2021, issued by the Court of Cassation, has sparked significant debate on the applicability of Article 141 of the Insurance Code (Legislative Decree No. 209/2005) in situations of road accidents where no other vehicles are involved. The decision has important implications for the compensation rights of passengers, making further analysis necessary.
The Case and the Court's Decision
The appeal was filed by R.C., who sought compensation for the death of his wife, who died in a road accident that occurred on November 1, 2010. The Court of Appeal of Milan had initially rejected the claim, deeming Article 141 of the Insurance Code inapplicable due to the absence of vehicles involved in the accident. However, the Court of Cassation reviewed this position, highlighting the need for a broader interpretation of the provision.
The Court emphasized that Article 141 must be applied even in the absence of identifiable vehicles, to ensure swifter compensation for passengers.
Implications of the Judgment
This judgment aligns with a jurisprudential trend aimed at protecting the rights of passengers. The main considerations arising from the decision are:
- The right to compensation for passengers must be guaranteed regardless of the involvement of other vehicles.
- The driver's liability must not impede access to compensation, thus favoring stronger protection for vulnerable individuals.
- The legislator intended to allocate risk in a way that prioritizes the rights of those who suffer damage, avoiding lengthy waits for the determination of liability.
Conclusions
Judgment No. 40885 of the Court of Cassation represents an important step in legal clarity regarding the rights of passengers in the event of road accidents. The expansive interpretation of Article 141 of the Insurance Code offers greater protection to individuals involved in road accidents, facilitating simpler and more direct access to compensation. This jurisprudential trend may also influence future decisions, necessitating further reflection on the rights of passengers and insurance companies.
