Understanding the Complexity of an International Claim

Experiencing a road accident is a traumatic event, but when it happens abroad, legal and bureaucratic uncertainties are added to the emotional complexity. Different languages, unknown regulations, and the difficulty of interacting with foreign insurance companies can turn a compensation claim into an obstacle course. In these circumstances, it is crucial to rely on a professional who knows international procedures. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci provides the necessary assistance to protect the rights of Italian citizens involved in accidents outside national borders, ensuring a methodical and results-oriented approach.

The Regulatory Framework for Road Accidents Abroad

The management of an accident that occurred outside Italy is governed by a complex set of national regulations and international conventions. The general principle is that of lex loci delicti, according to which the responsibility for the accident is ascertained based on the law of the country where the accident occurred. However, the Green Card system and European Union directives have introduced mechanisms to simplify and protect the position of the injured party residing in another Member State. These regulations allow, in many cases, for the compensation procedure to be managed directly from Italy.

Thanks to the IV EU Motor Insurance Directive, every European insurance company must appoint a representative, known as a claims settlement agent, in every other Member State. This person acts as a point of contact for the injured party, allowing them to submit their compensation claim in their own language and country of residence. If the responsible vehicle is not identified or is found to be uninsured, the Italian Compensation Body, managed by CONSAP, intervenes to ensure the victim's protection.

The Strategic Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is based on a precise and personalized strategy. The first phase consists of an in-depth analysis of the accident's dynamics and the available documentation, such as the European accident statement form and the reports drawn up by local authorities. It is crucial to collect all evidence immediately, as procedures and timelines abroad can differ significantly from those in Italy.

Subsequently, the firm identifies the foreign insurance company and its representative in Italy, initiating settlement negotiations. We manage all correspondence, overcoming linguistic and legal barriers, and handle the collection of all medical and expert documentation necessary to accurately quantify both pecuniary damage (vehicle damage, medical expenses, loss of income) and non-pecuniary damage (biological, moral, and existential damage). Our assistance aims to ensure that the damage assessment is carried out according to the most favorable settlement criteria for the injured party, as provided for by European regulations.

Frequently Asked Questions

I had an accident in an EU country, to whom should I address my compensation claim?

The compensation claim can be directed directly to the representative (agent) in Italy of the insurance company of the vehicle that caused the damage. If the foreign company has not appointed an agent or does not provide a reasoned response within three months, you can address the claim to the Italian Compensation Body (CONSAP), which will intervene to ensure the protection of your rights.

Which law applies to the quantification of personal injury?

While the responsibility for the accident is governed by the law of the place where it occurred, the quantification of the damage suffered by the victim can be determined according to the law of their country of residence. The European Regulation known as 'Rome II' establishes that the injured party can request that the assessment of non-pecuniary damage be carried out based on the law of their country, if it proves to be more favorable.

What happens if the foreign vehicle that caused the accident is uninsured?

In this case, the injured party is protected by the Italian Compensation Body, which is part of CONSAP. This body assumes the burden of compensation, acting as a guarantee fund for victims of accidents caused by uninsured or unidentified vehicles registered in another State of the European Economic Area.

What are the statutes of limitations for an accident that occurred abroad?

The statutes of limitations for claiming damages vary from country to country and are established by the law of the place where the accident occurred. They can be significantly shorter than the two-year period provided in Italy for civil liability in road traffic. For this reason, it is of fundamental importance to consult a lawyer promptly to avoid losing the right to compensation.

Contact the Firm for an Assessment of Your Case

If you or a family member have been victims of a road accident abroad, it is essential to act promptly to protect your rights. The Bianucci Law Firm in Milan offers an initial case assessment to analyze the feasibility of the compensation claim and outline the most effective strategy. Contact the firm to receive qualified legal advice and understand how to proceed to obtain fair compensation for the damages suffered.