The Complexity of an Uninsured Accident

Experiencing a road accident is a traumatic event, but the situation becomes even more complicated when you discover that the responsible vehicle is uninsured or, even worse, has fled the scene. In these moments, the feeling of injustice and helplessness can be overwhelming, leaving the victim wondering how they will obtain fair compensation for their damages. Fortunately, Italian law provides a specific protection tool: the Guarantee Fund for Victims of the Road. However, accessing this fund requires precise knowledge of the procedures and regulatory requirements. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists damaged individuals, guiding them through a complex legal process to assert their rights.

The Guarantee Fund for Victims of the Road: What the Law Provides

The Guarantee Fund for Victims of the Road (FGVS), managed by Consap S.p.A., is a social solidarity institution that intervenes to compensate for damages caused by certain types of road accidents. Its function is to ensure that those who suffer damage are not left without protection due to unfortunate and illegal circumstances, such as the lack of insurance for the responsible vehicle. The Fund primarily intervenes in three scenarios: accidents caused by unidentified vehicles (the so-called 'hit-and-run drivers'), accidents caused by identified vehicles but lacking mandatory insurance coverage, and accidents caused by vehicles insured with companies placed in compulsory administrative liquidation. The application procedure is far from simple: a formal request, complete with all evidence, must be submitted to the insurance company designated by Consap to manage the case, which acts on behalf of the Fund.

The Bianucci Law Firm's Approach

Dealing with the bureaucracy and legal complexities of a claim to the Guarantee Fund requires expertise and method. The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on a clear and personalized strategy, aimed at maximizing the chances of obtaining fair compensation in the shortest possible time. The first step involves an in-depth analysis of the case, collecting all necessary documentation: from the official report of the authorities who intervened to testimonies, from accident photographs to medical certificates of physical injuries. Subsequently, the correct quantification of all damage items is carried out, both material (vehicle damage, medical expenses, loss of income) and non-material (biological, moral, and existential damage). The Bianucci Law Firm handles the entire process, communicating directly with the company designated by Consap and negotiating to obtain a fair compensation offer. If the offer is not satisfactory, legal action is considered to fully protect the client's interests.

Frequently Asked Questions

How long do I have to claim compensation from the Guarantee Fund?

The deadlines for claiming compensation are subject to statute of limitations. The right is time-barred within two years from the date of the accident for damages to property and persons. However, if the accident caused serious injuries or death and the act is considered a crime, the statute of limitations is longer, corresponding to that provided for the crime itself (e.g., five years for serious or very serious road traffic injuries).

Does the Fund also compensate for damage to my vehicle?

The answer depends on the situation. If the responsible vehicle was identified but is uninsured, the Fund compensates for both personal injury and material damage to the vehicle, with a legal deductible. If, on the other hand, the responsible vehicle was not identified (hit-and-run driver), the Fund only compensates for serious personal injuries. Compensation for property damage is admitted in this case only if there are simultaneous serious personal injuries.

What should I do immediately after an accident with an uninsured or hit-and-run vehicle?

It is essential to act with clarity. First, immediately call the Law Enforcement (Local Police, Carabinieri, or Traffic Police) so that they can draw up an official report. If there are witnesses, collect their contact details. Photograph the accident scene, the vehicles involved, and the damages sustained. If you have suffered injuries, go to the emergency room immediately for a medical evaluation. It is crucial not to accept immediate cash offers and to promptly contact a lawyer for advice.

Contact Avv. Marco Bianucci for an Evaluation of Your Case

Navigating the complexities of a claim to the Guarantee Fund for Victims of the Road requires expert legal guidance to avoid procedural errors that could compromise the outcome of the case. Relying on a competent professional is the first step in transforming a difficult and unjust experience into a process aimed at recognizing one's rights. The Bianucci Law Firm in Milan offers targeted and strategic legal assistance to protect victims of road accidents. Contact the firm for an in-depth evaluation of your case and to understand what actions to take to obtain fair compensation.