Direct Compensation in Milan: A Fast but Delicate Procedure

Being involved in a road accident in Milan traffic is a stressful experience that brings not only material or physical damage but also the burden of managing bureaucratic procedures with insurance companies. We often hear about direct compensation or the CARD procedure, a mechanism introduced to speed up claim settlement times. However, the speed of the procedure does not automatically guarantee that the insurance company's financial offer is fair or complete. As an expert lawyer in damage compensation in Milan, Avv. Marco Bianucci assists motorists and motorcyclists daily to ensure their rights are fully protected, preventing the speed of the process from compromising the amount owed.

What is the CARD Procedure and When Does it Apply

Direct compensation, governed by the Convention between Insurers for Direct Compensation (CARD) and Presidential Decree 254/2006, allows the injured party to claim compensation directly from their own insurance company, rather than from the one belonging to the party responsible for the accident. This procedure, while advantageous in terms of timing, is only applicable if specific requirements are met, which must be carefully evaluated.

Fundamental Requirements

To activate the direct compensation procedure, the accident must involve only two motor vehicles, both identified and duly insured. Furthermore, the vehicles must be registered in Italy, the Republic of San Marino, or the Vatican City State. If more than two vehicles are involved in the accident (e.g., in a chain collision), the CARD procedure is not applicable, and the ordinary procedure must be followed.

Limitations Regarding Physical Injuries

A crucial aspect concerns the extent of personal injuries. Direct compensation covers damage to the vehicle and damage to transported goods, but regarding physical injuries, it applies exclusively to minor injuries (so-called micro-permanent injuries), meaning those resulting in permanent disability not exceeding 9%. If the injuries are severe (macro-permanent), it will not be possible to proceed with the claim to one's own insurance, but one must turn to the other party's insurance company.

The Bianucci Law Firm's Approach to Claim Management

Many users mistakenly believe that since it is a claim to their own insurance company, legal assistance is not necessary. However, the experience gained by Avv. Marco Bianucci as an expert lawyer in road accidents proves otherwise. Insurance companies, operating according to balance sheet logic, often tend to make lowball offers, underestimating fundamental damage items such as moral damages, biological damages, or vehicle downtime.

The intervention of the Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, aims to reverse this dynamic. Avv. Marco Bianucci thoroughly analyzes the accident dynamics and medical documentation, utilizing party technical consultants if necessary. The goal is to build a solid case that leaves no room for spurious disputes, ensuring the client obtains the maximum possible compensation. Professional claim management includes the correct quantification of all damage items and direct negotiation with adjusters, relieving the client of all bureaucratic burdens.

Frequently Asked Questions

If I opt for direct compensation, do I have to pay the lawyer?

In most cases of direct compensation, legal fees for out-of-court assistance are reimbursed by the insurance company as an ancillary damage item. This means that the client can avail themselves of qualified professional assistance without having to pay upfront or bear the costs, which will be covered by the insurance according to legal parameters.

Does the CARD procedure apply even if the other driver does not sign the amicable accident report (CAI)?

Yes, the direct compensation procedure is applicable even if the CAI (or CID) form is signed by only one driver. However, in the absence of a double signature, the timelines may be extended as the insurance company will have to verify the accident dynamics by contacting the other party. In these cases, the assistance of an expert lawyer in damage compensation is essential to prove the other driver's liability through witness testimony or official reports.

Can I use direct compensation if I am a pedestrian who has been hit?

No. The direct compensation procedure does not apply to pedestrians. If a pedestrian is hit, they must claim damages from the insurance company of the vehicle that hit them, following the ordinary procedure provided by the Insurance Code.

How much time do I have to claim compensation?

The claim for compensation must be sent as soon as possible. The right to compensation for damages caused by vehicle circulation is subject to a statute of limitations of 2 years from the event. However, if the act constitutes a crime (as in the case of serious injuries), the prescription periods may be longer. It is essential to act promptly to gather all necessary evidence.

Request an Assessment of Your Case

If you have been involved in a road accident in Milan and wish to understand if you are entitled to direct compensation and how to obtain the correct indemnity, do not face the insurance companies alone. Avv. Marco Bianucci is available for a preliminary review of your situation. Contact the Bianucci Law Firm to receive transparent, competent, and results-oriented assistance.