Accident as a passenger: how to protect your rights
Suffering a road accident while traveling as a passenger aboard a taxi, a rental vehicle with driver (NCC), or a service like Uber is a traumatic and disorienting experience. In addition to physical and psychological damage, uncertainty arises on how to proceed to obtain fair compensation. In these circumstances, it is essential to know your rights and rely on competent legal guidance. As an experienced personal injury lawyer in Milan, Lawyer Marco Bianucci provides the necessary assistance to navigate this complex path, ensuring that the rights of the transported passenger are fully protected.
Passenger protection: carrier's liability and direct compensation
Italian law offers specific and strengthened protection to passengers who are victims of a road accident, known as the 'transported third party'. The cornerstone principle is that of the carrier's liability, enshrined in Article 1681 of the Civil Code. According to this rule, the driver of the vehicle in which one is traveling is responsible for damages suffered by the passenger during transport, unless they prove to have adopted all suitable measures to avoid the damage. This presumption of liability significantly simplifies the victim's position.
To this is added a fundamental instrument: the direct action provided for by Article 141 of the Private Insurance Code. This provision allows the injured passenger to request compensation directly from the insurance company of the vehicle they were traveling in, regardless of the ascertainment of liability of the drivers involved in the accident. This means that the passenger has the right to be compensated more quickly, without having to wait for the conclusion of investigations into the accident dynamics.
The Approach of Bianucci Law Firm
The approach of Lawyer Marco Bianucci, a lawyer with consolidated experience in personal injury claims in Milan, is strategic and personalized. The primary objective is to ensure that the client obtains full compensation, covering every aspect of the damage suffered: biological, moral, and patrimonial. The process followed by the firm is divided into precise phases: detailed analysis of medical documentation and expenses incurred, accurate quantification of all damage items, and initiation of discussions with the insurance company for an out-of-court settlement. The accumulated experience allows for firm negotiation, aiming for fair and rapid settlement. Should the insurance proposal not be adequate, the firm is prepared to take legal action for the full protection of the client's rights.
Frequently Asked Questions
Who pays for damages if the accident is caused by another car?
Thanks to the direct action provided by Article 141 of the Insurance Code, the passenger can request compensation directly from the insurance company of the taxi, Uber, or NCC they were traveling in. This company, once the passenger has been compensated, will then seek recourse from the insurance of the vehicle responsible for the accident. This mechanism guarantees faster protection for the victim.
What documents are necessary to initiate a compensation claim?
It is essential to collect and preserve all relevant documentation. The most important documents include: the Emergency Room report and all subsequent medical documentation (certificates, examination reports, prescriptions), receipts for all medical and other expenses incurred due to the accident, vehicle data (license plate, insurance company) and, if involved, the police report.
How long do I have to claim damages?
The right to compensation for damage resulting from a road accident generally expires two years from the day the accident occurred. If the event is considered a crime (for example, negligent injury), the statute of limitations is longer and coincides with that provided for the crime itself. However, it is advisable to act promptly so as not to jeopardize the possibility of obtaining justice.
What exactly does passenger compensation include?
Full compensation must cover all negative consequences suffered. It is mainly divided into non-pecuniary damage (which includes biological damage, i.e., injury to psychophysical integrity, and moral damage, i.e., inner suffering) and pecuniary damage (which includes both expenses incurred, such as medical costs, and loss of earnings due to inability to work).
Contact the firm for an evaluation of your case in Milan
Dealing with the consequences of an accident and the complex compensation procedures can be a daunting task. Managing relationships with insurance companies requires specific expertise and a strategic approach to prevent your rights from being undervalued. Contact Bianucci Law Firm for a clear and professional evaluation of your situation. Lawyer Marco Bianucci, with his experience in personal injury claims in Milan, can provide you with the necessary assistance to protect your interests and obtain fair compensation.