When the Insurance Company Delays Payment

Dealing with the aftermath of an accident is already a complex and stressful experience. When, in addition to the damage suffered, there is an unjustified delay by the insurance company in paying the due compensation, the situation can become unbearable. This behavior, known as mala gestio, not only violates the contractual duties of the insurer but can also cause further and significant economic and personal harm. Understanding your rights is the first step to reacting to an inaction that you are not obliged to endure. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists his clients in asserting their rights against insurance companies that do not comply with legal and contractual obligations.

Insurance Mala Gestio: What the Law Says

The relationship between the insured and the insurance company is based on a cornerstone principle of our legal system: the duty of good faith. This means that the insurer must not only pay the compensation but must do so with fairness, diligence, and timeliness. When the company adopts dilatory, obstructive, or culpably slow behaviors in the management and settlement of a claim, the so-called 'improper mala gestio' occurs. Italian law, particularly through the Private Insurance Code, establishes precise deadlines within which companies must make a compensation offer or communicate the reasons for refusal. Exceeding these deadlines without valid justification exposes the insurer to specific liabilities.

Liability for mala gestio is not limited to a simple request for payment. Established case law recognizes the insured's right to obtain compensation for further damages. These are all the pecuniary and non-pecuniary losses that are a direct consequence of the delay. This could be the inability to repair a vehicle necessary for work, the need to resort to loans to cover medical expenses, or the moral damage suffered due to prolonged uncertainty and stress. Proving the causal link between the delay and these damages is essential to obtain full compensation.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, focuses on strategic and decisive action to unblock the case and ensure the client the maximum possible compensation. The first step involves a thorough analysis of the insurance policy, the documentation related to the claim, and all correspondence exchanged with the company. Subsequently, a formal notice of default is sent, a crucial legal step to interrupt the statute of limitations and calculate default interest. This intervention often proves sufficient to prompt the insurance company to reconsider its position. If the inaction persists, the firm defines the best procedural strategy, precisely quantifying not only the original compensation but also all further damages suffered by the client, to initiate legal action aimed at their full recognition.

Frequently Asked Questions

How long does the insurance company have to settle a claim?

The deadlines vary depending on the type of claim. For property damage in the context of compulsory third-party motor liability insurance (RCA), the deadline is 60 days, which is reduced to 30 days in case of a friendly accident report (CAI form). For personal injury, the deadline is 90 days. These deadlines start from the date the insurance company received all the necessary documentation to assess the damage. Any request for additional documentation suspends the deadlines, but it must be timely and justified.

What are further damages due to delayed payment?

These are all pecuniary and non-pecuniary losses that would not have occurred if the insurance company had paid promptly. They include, for example, the costs for renting a replacement vehicle, the interest paid on a loan taken out to cover expenses, the damage from technical downtime for a professional activity, up to moral or existential damage due to the prolonged state of distress and difficulty.

What does it mean to put the insurance company in default?

Putting in default is a formal act, usually a registered letter or an electronic certified email (PEC) sent by a lawyer, by which the insurance company is formally requested to fulfill its payment obligation within a defined period. This act has important legal effects: it interrupts the statute of limitations for the right and starts the accrual of default interest on the amount owed.

Is it always necessary to sue the insurance company for mala gestio?

Not necessarily. Very often, the intervention of a lawyer with a well-reasoned and documented notice of default is sufficient to unblock the situation. The prospect of facing a lawsuit, with the risk of being ordered to pay further damages, interest, and legal costs, frequently induces the company to settle the case out of court. Legal action remains, however, the ultimate tool to protect one's rights if the amicable route does not yield results.

Request an Assessment of Your Case in Milan

If your insurance company is unjustifiably delaying the settlement of a claim, worsening your situation, you should not passively endure this conduct. You may be entitled not only to the agreed-upon compensation but also to damages for the harm caused by the delay. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26 in Milan for a clear and professional assessment of your position. Avv. Marco Bianucci, with extensive experience in damages compensation, will analyze the documentation to define the most effective strategy to protect your rights.