Being involved in a road accident is always a traumatic experience, but when the accident occurs while driving a car-sharing vehicle, concerns tend to multiply. In addition to the shock and any physical injuries, the fear of contractual deductibles and penalties applied by rental companies immediately sets in. As an expert lawyer for damages compensation in Milan, lawyer Marco Bianucci perfectly understands the sense of disorientation that follows these events and offers targeted legal assistance to protect the rights of the driver and passengers.
Vehicles used for car-sharing services are mandatorily covered by RCA insurance (Compulsory Third-Party Liability Insurance), which protects third parties who suffer damages in the event of an accident. However, the contracts signed by users almost always include deductibles or uncovered amounts to be borne by the driver for damages to the rented vehicle, if the accident occurred due to their fault or in case of shared fault. It is crucial to understand that the dynamics of the accident decisively determine the user's financial exposure to the car-sharing company.
If the accident occurs due to the exclusive fault of another vehicle, the car-sharing user will not have to pay any deductible for damages to the vehicle and will be fully entitled to compensation for any physical injuries sustained. Conversely, if the liability is attributable to the person driving the rental car, the company will charge the deductible provided for in the general terms and conditions of the contract. A separate discussion is warranted for passengers: the transported third party always has the right to full compensation for physical damages suffered, regardless of who is responsible for the accident, thanks to the protection principle enshrined in the Private Insurance Code.
In any case of an accident with injuries, it is vitally important to go to the Emergency Room promptly to obtain medical reports. Medical documentation, along with any reports from the Authorities who intervened at the scene, constitutes the essential evidentiary basis for initiating any compensation claim and for contesting any unjustified charges by the rental company.
Addressing the insurance dynamics and contractual clauses of large shared mobility companies requires expertise and precision. The approach of lawyer Marco Bianucci, an expert lawyer for damages compensation in Milan, is based on a rigorous and personalized analysis of each individual case. The first step involves carefully examining the accident dynamics, the Authorities' reports, and the general terms and conditions of the car-sharing contract signed by the user.
The Bianucci Law Firm directly liaises with insurance companies and the legal departments of rental companies. The primary objective is to ascertain the correct attribution of responsibilities, preventing the client from being charged with undue deductibles. Simultaneously, in cases where the non-liable driver or passengers have suffered injuries, the firm initiates the process to obtain full compensation for biological, moral, and material damages, handling all medico-legal and negotiation aspects.
The first thing to do is to secure the area and, if there are injured parties, immediately call for assistance and the Police. Subsequently, it is mandatory to contact the car-sharing company's customer service to report the incident, following the procedures indicated in the app. It is essential to take photos of the vehicles, collect witness details, and fill out the CAI form (Accident Report Form) if possible.
If the accident liability lies entirely with the other driver (you are 100% in the right), you are not required to pay the deductible for damages to the car-sharing vehicle. However, the dynamics must be unequivocal and, if possible, ascertained by the Authorities who intervened. If the rental company were to charge you the amount in advance, it will be necessary to take action to request a refund by demonstrating your complete lack of fault.
The passenger (transported third party) enjoys privileged protection. You are entitled to compensation for all physical injuries sustained directly from the insurance of the vehicle you were traveling in (the car-sharing car), regardless of whether the accident was caused by the driver of the rental car or another vehicle. It is essential to keep all medical documentation from the Emergency Room and subsequent visits.
The quantification of physical damage is carried out through a medico-legal assessment, which evaluates temporary disability (the days needed for recovery) and any permanent disability (the sequelae that remain after clinical stabilization). Specific tables used in the Courts are applied to these values. All documented medical expenses and any lost earnings due to the inability to work as a result of the accident are also reimbursed.
Managing the consequences of a road accident with a rental vehicle requires clarity and legal expertise to avoid unfair charges and obtain fair compensation for damages suffered. Contact the Bianucci Law Firm in Milan to analyze your situation. Lawyer Marco Bianucci will carefully evaluate the documentation you have, clearly explaining the legal options available to best protect your position.