Compensation for road accident damages: commentary on Ordinance no. 17670 of 2024

The recent Ordinance of the Court of Cassation no. 17670 of June 26, 2024, offers an important opportunity for reflection on the criteria for compensating damages suffered by a motor vehicle in the event of a road accident. This provision clarifies some fundamental aspects regarding the assessment of damages and the importance of evidence in the compensation process.

The principle of damage compensation

In general. Damages suffered by a motor vehicle in a road accident are compensable if they are an immediate and direct consequence of the wrongful act, and their assessment is the responsibility of the judge of merit, regardless of the absence of proof of disbursement of the amount indicated in the estimate for repairs. (In application of this principle, the Supreme Court quashed with referral the judgment of merit that had rejected the compensation claim, deeming the damage unproven due to the failure to demonstrate payment for the repair).

This maxim expresses a key concept: damages arising from a road accident must be compensated if there is an immediate and direct causal link between the wrongful act and the damage itself. A crucial aspect emerges here: the assessment of damages is the responsibility of the judge of merit, who cannot deny compensation solely because proof of payment for the repair has not been provided. This principle is part of a broader regulatory framework, which includes relevant articles of the Civil Code, such as art. 2054 and art. 2056.

Implications of the ruling

The Ordinance in question is part of well-established jurisprudence, which has already dealt with similar issues in the past. For example, previous rulings such as judgment no. 9942 of 2016 and no. 11765 of 2013 also address the compensability of damages and the required evidence. It is essential to consider that, in practice, many motorists find themselves in the position of having to prove the damage suffered, but may struggle to provide evidence of payment for repairs.

• The assessment of damages is a matter for the judge of merit.
• The absence of proof of disbursement does not preclude compensation.
• The causal link must be immediate and direct.

This position of the Court of Cassation represents a guarantee for citizens who, following a road accident, are entitled to have the damage suffered recognized, regardless of their ability to prove payment for the repair.

Conclusions

In conclusion, Ordinance no. 17670 of 2024 represents an important step for the protection of motorists' rights and clarifies some fundamental aspects regarding damage compensation. The ruling emphasizes that justice must prevail and that the principle of compensation cannot be hindered by formal issues related to proof of payment. It is essential that citizens are aware of their rights and the possibilities of protection in the event of road accidents.