Accident with Uninsured Vehicle

Being involved in a road accident is a deeply stressful experience. The situation becomes even more complicated when it is discovered that the responsible vehicle is not covered by mandatory insurance. This circumstance can generate a strong sense of uncertainty and the worry of not being able to obtain proper compensation for the damages suffered. It is essential to know that Italian law provides specific protection tools for these situations. Navigating this path requires precise knowledge of current procedures and regulations. As an expert personal injury lawyer in Milan, attorney Marco Bianucci assists victims of road accidents, ensuring legal action aimed at obtaining full recognition of their rights.

The Guarantee Fund for Road Accident Victims: What it is and How it Works

To protect those who suffer damages due to uninsured or unidentified vehicles, the State has established the Guarantee Fund for Road Accident Victims (FGVS). It is an entity, managed by Consap S.p.A. under the supervision of the Ministry of Economic Development, which intervenes to compensate for physical and material damages in place of the missing insurance company. The Fund operates through insurance companies designated by territory, which manage the assessment and settlement of claims. The compensation request should therefore not be sent directly to the Fund, but to this designated company, which acts on behalf of the Fund itself. It is a mechanism of social solidarity that prevents the negligence of others from resulting in irreparable and uncompensated damage.

Who can access the Fund and what damages are covered

All those who have suffered damage in a road accident caused by an uninsured vehicle can access the Fund: non-responsible drivers, passengers, pedestrians, and cyclists. The Fund covers both personal injury (physical injuries, temporary or permanent disability, moral damage) and property damage (such as one's own car or other assets), although for the latter, a legally established deductible applies. In the case of accidents caused by unidentified vehicles (the so-called 'hit-and-run drivers'), compensation for property damage is only provided in the presence of serious personal injury. Understanding the limits and conditions for accessing the Fund is the first step to correctly setting up the compensation claim.

The Approach of Bianucci Law Firm in Milan

The procedure for obtaining compensation from the Guarantee Fund is complex and requires rigorous investigation. The approach of attorney Marco Bianucci, an expert personal injury lawyer in Milan, is strategic and meticulous. The first phase consists of an in-depth analysis of the case, collecting all necessary documentation, such as the report from the intervening authorities, medical records, and expert assessments of material damages. Subsequently, the correct quantification of all compensable damage items is carried out, not only the obvious ones, but also biological, moral, and existential damages. The firm is responsible for drafting and sending the compensation request to the designated company and to Consap, managing the entire negotiation process to ensure that the settlement offer is fair and complete. In case of an unsatisfactory offer or denial, legal action is evaluated to fully protect the client's interests.

Frequently Asked Questions

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

The right to compensation for damage resulting from a road accident generally prescribes in two years from the day the accident occurred. It is crucial to act promptly to avoid losing the right to be compensated. Interrupting the statute of limitations with a formal request is a fundamental action that a lawyer can take to safeguard your position.

What happens if the vehicle that caused the accident is not identified?

Even in the case of an accident caused by an unidentified vehicle (commonly referred to as a 'hit-and-run driver'), it is possible to access the Guarantee Fund. However, the regulations provide for limitations: compensation for property damage is recognized only if serious personal injury has also occurred. Proving the dynamics of the accident and the impossibility of identifying the responsible party requires careful collection of evidence, such as witness testimonies or official reports.

Are the times to obtain compensation from the Fund longer?

The timelines can be slightly longer compared to a standard claim. The designated company has 60 days from the receipt of the complete request to formulate a compensation offer for property damage, and 90 days for personal injury. Compliance with all formal requirements and the completeness of the documentation are essential to avoid delays. Qualified legal assistance can speed up the process by ensuring that the case is managed correctly from the outset.

Contact an Expert Lawyer for Your Compensation

If you have been a victim of a road accident in Milan caused by an uninsured vehicle, you do not have to face the bureaucratic and legal complexities alone. Protecting your rights requires expertise and a clear strategy. Contact Bianucci Law Firm for an evaluation of your case. Attorney Marco Bianucci, with his consolidated experience in personal injury compensation, will provide you with the necessary assistance to navigate the procedure with the Guarantee Fund and obtain the fair compensation you are entitled to.