The injured passenger during a ride in a taxi, an NCC vehicle or booked via Uber can claim compensation for the damages caused by the accident. The most common doubt concerns the recipient of the request: the insurance of the vehicle you were traveling on, that of the other vehicle, the driver, the carrier or the platform used for booking?

I will explain how the answer changes when two vehicles are involved or only the one transporting you, what facts you must prove and why the ride receipt alone does not prove all the consequences of the accident. We will also see how injuries, expenses and economic losses are assessed, distinguishing liability for traffic circulation from the transport relationship.

The protection of the passenger as a carried third party

The passenger is a carried third party with respect to the driver and must not be confused with the person driving the vehicle. This position receives specific protection under Article 141 of the Private Insurance Code: when at least two vehicles are involved in the accident, the claim can be addressed directly to the company insuring the vehicle on which the passenger was traveling.

The rule applies even if it is not yet clear which driver caused the accident. The passenger must still prove they were on board, that the accident occurred, that they suffered damage and that the damage derives from the event. It is not necessary to wait for the complete division of responsibilities between drivers to activate this protection, regulated by the Private Insurance Code.

Fortuitous event constitutes the limit provided by the rule, but does not coincide with the mere fault of the other motorist. The United Sections of the Court of Cassation have traced the fortuitous event back to natural or human factors unrelated to traffic circulation; the negligent conduct of the other driver therefore does not solely prevent the action against the carrier's insurance. The principle and conditions of Article 141 are summarized in the 2022 Civil Review of the Court of Cassation.

The action under Article 141 operates within the minimum limit established by law. If the damage exceeds the effectively available limit, or a particular situation makes another action preferable, it remains possible to turn to the civilly liable party and their insurance. The action against the insurer of the vehicle on which you traveled is therefore additional protection, not the only abstractly usable remedy.

When two vehicles are involved and when there is only one

At least two vehicles must be involved for the special action of Article 141 to apply. A material collision is not strictly necessary: it may be sufficient, for example, for the taxi to swerve abruptly to avoid a car cutting across its path and for the passenger to be injured during the maneuver. However, the concrete involvement of the other vehicle must emerge.

If the taxi or NCC independently loses control, hits an obstacle or brakes without another vehicle being involved, Article 141 is not the correct basis. In a single-vehicle accident, the passenger can act directly against the insurer of the civilly liable party pursuant to Article 144 of the Insurance Code, asserting liability arising from circulation and proving the link between transport, accident and injuries.

Alongside automotive liability, the transport contract may assume relevance. Article 1681 of the civil code provides for carrier liability for accidents affecting the traveler during the journey, unless the carrier proves to have adopted all suitable measures to avoid the damage. The current text of the civil code allows this protection to be read together with traffic rules, without confusing the carrier with the insurance company.

The distinction changes the subject and the action, not the passenger's right to claim compensation. This is why it is important to reconstruct whether a second vehicle played a causal role, even without a collision, and to identify the owner, driver, insurer and company that performed the transport.

What the passenger must prove

Passenger status must be documented. The taxi receipt, app booking, confirmation email, ride history and payment help connect you to the vehicle, time and route. If the booking was made by another person, appointment messages or other consistent circumstances may also be useful.

These data do not automatically prove how the accident occurred. The police report, drivers' personal details, license plates, any photographs and statements from witnesses can confirm the dynamics. The absence of a report does not eliminate the right, but makes the consistency of other available elements more important.

The medical causal link must be recognizable: it is necessary to link the injuries precisely to the accident. Timely access to the emergency room or a doctor, description of symptoms and continuity of treatment reduce the risk that the insurance attributes the disorder to a different cause. Late check-ups do not automatically render the claim unfounded, but require a more solid clinical explanation.

The seat belt can affect compensation. If the passenger does not wear it and this omission concretely contributes to the production or worsening of injuries, compensation can be reduced according to the rules on contributory negligence of the injured party. The reduction is not automatic: the relationship between the missing seat belt and the specific damage must be proven; generically contesting its use is not enough.

What damages can be compensated

Personal injury includes different consequences. Biological damage concerns the temporary or permanent injury to psychophysical integrity, ascertainable through medical-legal assessment. Temporary disability measures the period in which normal activities are hindered or limited; permanent aftereffects instead describe the consequences remaining after clinical stabilization.

For permanent impairments up to 9 percent, Article 139 of the Insurance Code applies. Age, percentage of disability, days of disability and related degree contribute to the calculation. Minor permanent injuries must result from a medico-legal assessment based on objective clinical, instrumental or visual elements in cases where the injury is directly observable. The regulatory reference is Article 139 of the Insurance Code.

Micro-injury amounts are updated periodically. The ministerial decree of July 20, 2026 set, starting from April 2026, the value of the first point at 988.45 euros and the value of a day of absolute temporary disability at 57.64 euros. These are starting values: percentages, coefficients and age modify the result, as shown in the 2026 update published in the Official Gazette.

For disabilities between 10 and 100 points, Presidential Decree no. 12 of January 13, 2025 introduced the Unique National Table, which entered into force on March 5, 2025 and is directly applicable to subsequent accidents. The table considers biological damage, age and moral component according to the criteria set out in Article 138. Presidential Decree no. 12 of 2025 is particularly important also in Milan, because it introduces a national reference for non-minor injuries.

The date of the accident is decisive. For accidents prior to March 5, 2025, the table does not operate with direct regulatory effectiveness; however, the Court of Cassation, with ruling no. 8630 of April 7, 2026, recognized it as a general parameter of equitable evaluation even for settlements outside its direct scope, allowing the judge to depart from it with reasoning linked to the peculiarities of the case. The principle is reported in the official sheet of ruling no. 8630 of 2026.

In addition to non-patrimonial consequences, proven economic damages are added. Medical expenses must be relevant to the injuries and documented; rehabilitation costs, medicines and necessary services may also be included. Loss of income does not automatically derive from days of illness: an employee, a freelancer or an entrepreneur must prove which income actually failed.

Taxi, NCC and rides booked via Uber

The booking channel does not replace the carrier. If the ride is requested via an app, it is necessary to understand which company or driver performed the transport, which vehicle was used and which company insures it. The platform name can identify the booking system, but does not automatically make the platform responsible for the accident.

For the passenger, taxi and NCC share the presence of professional transport and a vehicle subject to compulsory insurance. However, available documents may change: receipt, invoice, electronic confirmation, operator data and in-app history. Substance prevails over commercial label: protection depends on who transported the passenger, insurance coverage and accident dynamics.

The fact that the accident happens in Milan does not change the national rules of civil liability and insurance. Location matters, instead, for identifying intervening authorities, recovering any findings and reconstructing the place of the event. Quantification must also respect the discipline applicable on the date of the accident, without presuming that every claim must be automatically liquidated according to a previous Milanese table.

The claim to the insurance and possible choices

The request must be complete and precise. It must describe the circumstances of the accident and indicate those entitled, tax code, age, activity carried out, injuries and useful elements to evaluate income. For personal injury settlement, medical certification of recovery, with or without permanent aftereffects, assumes particular importance.

The insurance must formulate a reasoned offer or explain why it does not intend to offer one within 90 days of receiving complete documentation. If necessary data are missing, it can request additions within 30 days and the deadline restarts upon their receipt. Sending a generic communication does not necessarily start the full term: the completeness required by Articles 145 and 148 of the Insurance Code has a concrete effect on the procedure.

It is not always advisable to definitively quantify damage while treatments are still ongoing. It is possible to report the accident immediately and collect documentation, but evaluation of aftereffects normally requires condition stabilization. Closing too early can leave out permanent consequences that were not yet reliably evaluable.

Faced with an offer, you can accept it, contest it or receive the offered sum without necessarily considering it definitive, if you communicate dissent and do not sign a waiver incompatible with further claims. A receipt declaring all rights extinguished has a different meaning than a payment imputed to greater damage. Before signing, it is therefore useful to check which items are included and which remain excluded.

Legal action cannot start immediately: for personal injury, the 90 days provided by the regular request must first elapse. Judgment may become necessary when dynamics, causal link, disability percentage or documented economic loss are contested. An agreement, instead, allows defining the case without a trial when amount and conditions are adequate.

Frequently asked questions

Which insurance should I ask for compensation?

If at least two vehicles are involved, you can normally turn to the insurance of the taxi or NCC you were traveling on, applying Article 141. If the accident concerns only that vehicle, protection passes through action against the civilly liable party's insurer and, when conditions are met, carrier liability.

Do I need to prove who caused the accident?

You do not always have to prove fault distribution. In the action under Article 141, you must prove transport, accident, damage and causal link. Ascertaining responsibility between drivers is not the initial prerequisite of the claim, provided at least two vehicles are involved and there is no fortuitous event unrelated to traffic circulation.

Is the Uber ride receipt sufficient?

The receipt is useful but not sufficient. It can identify ride, time, vehicle and operator, but does not prove alone the dynamics or cause of injuries. Consistent elements on the accident and health documentation are needed. It is also necessary to identify who actually performed the transport, without presuming automatic responsibility of the booking platform.

How long does the insurance have to respond?

For personal injuries, the term is 90 days from receipt of the complete request provided by Article 148 of the Insurance Code. If the company promptly requests missing documents, the term restarts when it receives the integration. Certified recovery, with or without aftereffects, is relevant for definitive damage assessment.

Can I cash the offer and ask for a higher sum?

It depends on the meaning attributed to payment. The sum can be received as an advance if the offer is contested and the claim for greater damage remains open. Signing a balance receipt with waiver of further claims can instead close the case. It is essential to read the document before signing it.

How to orient yourself after the accident

The first distinction concerns dynamics: two vehicles involved, even without collision, or an autonomous accident of the vehicle you were traveling on. The action to use and the main recipient of the request depend on this circumstance. Travel evidence, medical documentation and economic data must then separately support the various items of damage.

If you want to clarify which path applies to your taxi, NCC or app-booked ride in Milan, you can contact me bringing vehicle data, health documentation and communications already exchanged with the insurance.