Judgment No. 10394 of 2024: Civil Liability and Intentional Damage in Traffic

The recent ruling by the Court of Cassation, with judgment No. 10394 of April 17, 2024, has raised important issues concerning compulsory third-party motor insurance (RCA) and the coverage of intentionally caused damages. The Court, addressing a specific case, reaffirmed fundamental principles regarding the driver's liability and the applicability of insurance policies, even in contexts of unconventional vehicle use.

The Case and the Court's Decision

The case at hand involved an accident that occurred in a plowed field, where a driver hit the victim after pursuing them. The Court of Appeal of Ancona had initially denied the applicability of the RCA policy, arguing that the damage occurred in an area not ordinarily intended for transit. However, the Court of Cassation quashed and remanded this decision, establishing that insurance also covers damages intentionally caused by the driver, provided that the vehicle's use is consistent with its usual function.

In general. Compulsory third-party motor insurance covers, solely towards the injured party and not also towards the responsible party, even damage intentionally caused by the latter, even when the circulation area is not ordinarily used for transit, provided that the vehicle's use is consistent with its usual function, as is the case when the damage is caused by its movement, albeit in a manner improper to its nature as a means of transport. (In application of the principle, the S.C. quashed and remanded the judgment that had denied the applicability of the RCA policy in relation to damages suffered by a woman as a result of the intentional accident of which she was a victim by the driver of a car who, after pursuing her, reached her in a plowed field, and ran her over twice).

Legal and Regulatory Implications

This ruling falls within a legal framework clearly defined by Italian and European regulations, which establish clear principles regarding civil liability and insurance coverage. In particular, Article 2054 of the Italian Civil Code clarifies that anyone using a vehicle is liable for damages caused to third parties. Furthermore, Legislative Decrees, such as No. 209 of 2005, highlight the importance of the RCA policy in ensuring adequate protection for the injured parties.

• Civil liability in the event of road accidents is governed by the Civil Code.
• The RCA policy must cover not only damages caused negligently but also those caused intentionally.
• The context in which the accident occurs may influence insurance coverage but does not automatically exclude it.

Conclusions

Judgment No. 10394 of 2024 represents an important confirmation of the rights of injured parties and the responsibilities of insurers. It clarifies that, in cases of intentional damage, RCA policies must provide the necessary protection, even in particular situations such as the one examined. Drivers must be aware of their responsibilities, while injured parties must know that they are entitled to adequate compensation, regardless of the accident's dynamics. This decision, therefore, not only clarifies fundamental legal aspects but also strengthens confidence in insurance coverage in difficult situations.