The complexity of a road accident abroad

Suffering a road accident is a traumatic and complex event, but when it happens abroad, the difficulties can multiply. Language barriers, regulatory differences, and the need to interface with foreign insurance companies can turn a claim for compensation into an obstacle course. Understanding who to contact and what procedures to follow is the first fundamental step to protect your rights and obtain fair compensation for the damages suffered. In this context, the assistance of an expert personal injury lawyer in Milan, with a deep knowledge of international regulations, becomes crucial for managing the claim effectively and with peace of mind.

The regulatory framework: how international compensation works

The management of road accidents occurring within the European Union and other adhering countries is regulated by a system of conventions and directives designed to simplify procedures. The main mechanism is the so-called Green Card System, which guarantees motor third-party liability insurance coverage in participating countries. Thanks to the Fourth Motor Insurance Directive (2000/26/EC), anyone who suffers an accident in a European Economic Area State has the right to claim compensation directly in Italy, by contacting the representative (or 'mandatario') appointed in our country by the responsible vehicle's insurance company. This allows the entire claim to be managed in one's own language and according to more familiar procedures, avoiding the need to initiate legal action in the country where the accident occurred.

The role of UCI and CONSAP

When it is not possible to identify the foreign insurance company or its representative in Italy, specific bodies come into play. The UCI (Italian Central Office) acts as the national insurance bureau for Italy within the Green Card system. In more complex cases, such as accidents caused by uninsured or unidentified vehicles, it is possible to contact the Italian Compensation Body, managed by CONSAP, which intervenes to ensure the protection of the injured party. Knowledge of these mechanisms is essential to correctly direct the claim and avoid losing valuable time.

The Strategic Approach of Bianucci Law Firm

The approach of lawyer Marco Bianucci, a lawyer with consolidated experience in personal injury claims in Milan, is based on a meticulous and strategic analysis of the specific case. The first step involves correctly identifying the competent jurisdiction and the applicable law, elements that determine the entire compensation process. The firm handles the retrieval of all necessary documentation, such as the European accident statement form (blue form), reports from intervening authorities, and medical certificates. Subsequently, the representative of the foreign insurance company in Italy is identified, or, if necessary, the compensation bodies are activated. Our assistance aims to manage every phase of the process, from the quantification of damages according to correct parameters to negotiation with the counterparty, ensuring that the client receives the maximum possible compensation for all damages suffered, both patrimonial (vehicle damage, medical expenses) and non-patrimonial (biological, moral, and existential damage).

Frequently Asked Questions

I had an accident in Germany, who should I claim compensation from?

If you have suffered an accident in Germany (or another European Economic Area country) caused by a vehicle registered and insured there, you can submit the claim for compensation directly in Italy. The claim should be addressed to the representative appointed in Italy by the responsible vehicle's insurance company. It will be your lawyer's task to identify this party and initiate the correct procedure on your behalf.

Which law applies to calculate damages, Italian or foreign law?

The law applicable for the quantification of damages is, as a rule, that of the country where the accident occurred (lex loci damni). However, EC Regulation No. 864/2007 (known as Rome II) establishes that if the injured party and the responsible party have their habitual residence in the same country at the time of the accident, the law of that country applies. Therefore, if an Italian citizen suffers damage from another Italian abroad, the compensation will be calculated according to the criteria of Italian law.

How much time do I have to claim compensation for an accident abroad?

Statutory limitation periods, i.e., the maximum time to assert one's right to compensation, vary depending on the law of the country where the accident occurred. In some countries, the term may be shorter than in Italy. It is therefore essential to act promptly and consult a lawyer to avoid losing the right to compensation. Not waiting is the most important rule.

Contact an expert for your case

Managing an international road accident requires specific expertise and careful planning. Tackling these procedures alone can lead to errors that risk compromising the outcome of the claim. If you have suffered an accident abroad and need assistance, lawyer Marco Bianucci and the Bianucci Law Firm in Milan can provide you with the necessary support. Contact the firm for a thorough evaluation of your case and to define the most effective strategy for protecting your rights.