A car accident can cause very different damages: vehicle repair, physical injury, days of absence from work, or expenses that will continue even after recovery. If the accident occurred in Milan, the rules on compensation remain national, but the concrete dynamics and available documentation determine which procedure to follow and which company to involve.
In this guide, I explain how to distinguish liability from mere involvement in the accident, what biological and patrimonial damage include, and why an insurance offer should not be evaluated solely based on the final figure. We will also see what changes in the event of contributory negligence, permanent injuries, or the presence of a passenger.
Who is liable for the accident and how fault is ascertained
The driver is liable for damages caused by driving, unless they prove they did everything possible to avoid them. Article 2054 of the Civil Code also establishes that when two vehicles collide and it is not possible to reconstruct liability otherwise, an equal contribution of the drivers to the production of the damage is presumed.
The presumption of equal responsibility does not automatically decide every collision. It can be overcome through elements that reconstruct right-of-way, trajectories, speed, position of the vehicles, and the possibility of avoiding the impact. The authorities' report, photographs, damage compatible with the dynamics, available recordings, and witness statements can lead to a different distribution, up to exclusive liability.
The accident report form (CAI) is an important piece of evidence, but it must be filled out with precision. Both drivers' signatures reinforce the common reconstruction of the facts and also affect the timing of the offer for material damages alone. An ambiguous description, an incompatible box with the diagram, or a subsequent addition can instead generate disputes.
Contributory negligence proportionally reduces compensation. If the injured party is assigned 30 percent responsibility, generally speaking, they can obtain 70 percent of the recognized damages. The behavior of the transported person, such as failure to use a seatbelt, may also be relevant, but only if the causal link between that conduct and the worsening of injuries is proven.
Which insurance company to submit the claim to
In many collisions between two vehicles, the claim must be submitted to one's own company. Direct compensation operates, in short, for a collision occurring in Italy between two identified and insured vehicles, without the responsible involvement of other means. It includes damages to the vehicle, to things transported by the owner or driver, and injuries to the non-responsible driver within the limit of minor injuries. The conditions are specified by Presidential Decree no. 254 of July 18, 2006 on direct compensation.
When those requirements are missing, the ordinary procedure is followed against the insurance of the responsible vehicle. This may happen, for example, if multiple responsible vehicles are involved, if the vehicle presents insurance or registration conditions not included in the system, or if the driver claims an injury exceeding the threshold provided by Article 139 of the Insurance Code.
The passenger follows a distinct rule. Article 141 of the Insurance Code normally allows them to turn to the insurance company of the vehicle they were traveling on, regardless of the distribution of responsibility between the drivers and barring fortuitous events. This protection does not eliminate the potential relevance of conduct by the transported person that concretely contributed to the damage.
Articles 138, 139, 141, 148, and 149 can be consulted in the Private Insurance Code on Normattiva.
What damages can be compensated
Compensation does not coincide solely with the cost of bodywork. For the vehicle, necessary repairs, towing, custody, and other expenses directly caused by the accident may be relevant. If the restoration cost is very high compared to the value of the vehicle before the accident, quantification requires a comparison between commercial value, repair safety, actual cost, and residual value.
Accessory expenses must be necessary and documented. Technical downtime, the rental of a replacement vehicle, or the loss of value after repair do not automatically become compensable because they are indicated in the claim. It must be proven that the prejudice exists, derives from the accident, and has a verifiable economic consistency.
Biological damage concerns health, not income. It includes temporary disability during illness and any permanent aftermath, meaning the limitations that remain after clinical stabilization. The medico-legal evaluation assigns duration and percentage to the impairment, but must start from diagnoses, examinations, therapies, and a course consistent with the dynamics of the accident.
Patrimonial damage instead covers a proven economic loss. This includes relevant medical expenses, reduced earnings, future care or assistance costs, and any impairment of earning capacity. It is not enough to have suffered an injury: that injury must be linked to the specific loss, using reliable tax, professional, and health data.
How biological damage is quantified
Permanent injuries up to 9 percent follow Article 139. Starting in April 2026, the base value of the first point of disability is equal to 988.45 euros and the day of absolute temporary disability is worth 57.64 euros, according to Ministerial Decree of July 20, 2026. However, these figures do not allow obtaining the result with a simple multiplication: percentage, regulatory coefficients, age, and days of partial disability all have an impact.
A permanent micro-injury requires objective evidence. Article 139 excludes compensation for minor aftermaths that are not susceptible to objective instrumental clinical assessment or visual verification, as can happen with a clearly identifiable scar. The continuity of care and the compatibility between trauma, symptoms, and findings therefore remain decisive.
Personalization is not an automatic increase. For minor injuries, the judge can increase the amount by up to 20 percent when the impairment significantly affects specific personal aspects, documented and objectively ascertained, or causes psychophysical suffering of particular intensity. It is not sufficient to generically recall a discomfort common to those who suffer the same injury.
For disabilities from 10 to 100 percent, the Single National Table applies for accidents occurring after March 5, 2025. Presidential Decree no. 12 of January 13, 2025 governs the value of biological damage, the moral component, age, and coefficients linked to the percentage of disability. For previous accidents, the national table does not apply automatically, and the relevant liquidation criterion must be identified. The text and transitional provisions are published in the Official Gazette of February 18, 2025.
Patrimonial damage remains separate from the tabular liquidation of the injury. A high medico-legal percentage does not alone prove a loss of income; likewise, a contained impairment can have significant economic consequences if it concretely interferes with the activity performed. Profession, duties, previous income, and residual possibilities must be related to the ascertained aftermaths.
Complete claim, expert appraisal, and insurance deadlines
An incomplete claim can slow down the entire procedure. For personal injuries, the description of the accident, details of those entitled, information on activity and income, health documentation, and medical certification of recovery with or without aftermaths are required. If necessary elements are missing, the company can request integrations, and deadlines restart upon their receipt.
For material damages alone, the ordinary term for the offer is 60 days, reduced to 30 when the report form is signed by both drivers. For injuries or death, the term is 90 days from receipt of the complete documentation. The vehicle must be made available for inspection according to the instructions communicated in the claim.
Repairing immediately can compromise the assessment of the damage. It is prudent to allow the company to inspect the vehicle or wait for the expected deadline, keeping photographs, estimates, invoices, and replaced parts when possible. The law maintains the right to choose a trusted repairer, but tax documentation and the traceability of interventions remain central.
Payment of the offer does not always entail closing the file. If the injured party communicates that they do not accept, the company must still pay the offered sum, which is imputed to the final compensation. Signing a release receipt or a settlement agreement is different and may preclude further requests according to its content.
How to evaluate the offer without confusing the different items
The total figure must be broken down item by item. It is necessary to understand what percentage of liability was applied, which days of disability were recognized, whether permanent aftermaths exist, which expenses were excluded, and whether patrimonial damage was evaluated separately. An apparently high total can hide the omission of a decisive component.
Accepting can be reasonable when the reconstruction and calculations are complete. Contesting is useful if the offer starts from an incorrect dynamic, overlooks relevant documents, or definitively liquidates injuries not yet stabilized. Before trial, it remains possible to formulate a motivated request, integrate evidence, and concretely compare calculations, without taking either agreement or a lawsuit for granted.
Frequently asked questions
Must I claim compensation from my own insurance?
Not always. The claim goes to one's own company when the requirements of direct compensation are met, including a collision in Italy between two identified and insured vehicles without other responsible means. In other cases, one proceeds normally against the responsible party's insurance; the passenger follows the specific procedure of Article 141.
How much is a point of permanent disability worth?
The value depends on the injury bracket and age. Up to 9 percent, Article 139, the updated base value, and the foreseen coefficients apply. From 10 percent, for accidents after March 5, 2025, the Single National Table operates. Therefore, an identical value does not exist for every person and percentage.
Can I repair the car before the expert appraisal?
It is advisable to allow inspection first or wait for the deadline provided by the procedure. Immediate repair can make it harder to verify the extent and compatibility of the damages. If the vehicle must be restored urgently, detailed photographs, estimates, invoices, and the conservation of replaced parts can take on particular importance.
Can I keep the offer and ask for a higher sum?
Yes, if you communicate that you do not accept it as a final balance. The paid amount is considered an advance payment on the final liquidation. However, it is necessary to distinguish simple payment from a settlement agreement or release receipt: signing a document that closes every claim can prevent subsequent requests related to the same accident.
Is 50 percent contributory negligence inevitable without witnesses?
No, the absence of witnesses is not enough on its own. Liability can be reconstructed through reports, photographs, position and compatibility of damages, signage, recordings, and driver behavior. If these elements do not allow establishing the incidence of respective conduct, the presumption of equal contribution may nevertheless remain applicable.
Orienting oneself before a final decision
The central point is linking every claim to a proven fact: dynamics for liability, technical documentation for the vehicle, medico-legal assessment for health, and economic data for financial losses. If you want to understand which items have been recognized or excluded in your file and what alternatives remain open, you can contact me before signing a final settlement.