The Impact of a Wildlife Accident

A road accident caused by the sudden crossing of a wild animal, such as a wild boar, is a traumatic event and often complex to manage. In addition to the fright and possible physical injuries, one faces significant material damage to their vehicle and considerable uncertainty about who should bear the costs. Understanding the dynamics of liability and the procedures for obtaining fair compensation is the first step in protecting your rights. In these circumstances, the assistance of an experienced personal injury lawyer is crucial for proper guidance. Lawyer Marco Bianucci, with consolidated experience in the field, assists his clients in Milan and its province in managing these specific compensation claims.

Liability for Wildlife Damage

In Italy, wildlife management is the responsibility of the Regions. Established jurisprudence has laid down a fundamental principle: the public body entrusted with the powers of territorial administration and the management of the wildlife that populates it is liable for damages caused by the latter. Typically, this liability falls on the Region. This liability is based on Article 2043 of the Civil Code, which governs compensation for wrongful acts. To obtain compensation, the injured party must demonstrate the causal link between the animal's behavior and the damage suffered. In other words, they must prove that the accident was actually caused by the wild animal.

The public body, to be exempt from liability, must in turn prove the so-called 'caso fortuito' (act of God/unforeseen event). It must demonstrate that the event was unforeseeable, unavoidable, and not dependent on its negligence in managing and controlling wildlife. For example, it might argue that the motorist was speeding in a marked area. The assessment of these aspects requires in-depth legal analysis and the collection of solid evidence, crucial elements for the success of the compensation claim.

The Approach of the Bianucci Law Firm

Handling a compensation claim against a public body requires strategy, precision, and a deep understanding of regulations and case law. The approach of Lawyer Marco Bianucci, an experienced personal injury lawyer in Milan, is based on a meticulous preliminary analysis of the case to assess the validity of the claim and define the best strategy. The firm handles all phases of the process: from collecting and organizing evidence (official reports, photographs, witness statements, vehicle appraisals) to correctly identifying the responsible body, up to managing correspondence and negotiations with insurance companies or the opposing party's legal offices. The goal is to relieve the client of all bureaucratic burdens, ensuring legal action aimed at obtaining the maximum possible compensation for material damage to the vehicle and for any physical injuries sustained.

Frequently Asked Questions

Accident with a wild boar, who pays for the damages?

In most cases, liability for damages caused by a wild boar or other wild animal falls on the public body responsible for wildlife management, which is almost always the Region. To obtain compensation, it is necessary to prove that the accident was caused by the animal and that there was no reckless driving behavior on the part of the driver.

What evidence should I collect after an accident with a wild animal?

It is crucial to act promptly. Immediately call the Law Enforcement agencies (Traffic Police, Carabinieri) to draw up an official report. Take detailed photographs of the accident scene, the animal, the damage to the vehicle, and any road signage present. If there are witnesses, collect their contact details. Keep all medical documentation in case of injuries and the repair estimates or invoices for the vehicle.

How long do I have to claim damages?

The right to compensation for damages arising from a wrongful act, such as a wildlife accident, is subject to a statute of limitations of five years from the date the event occurred. However, it is advisable to initiate legal proceedings as soon as possible to avoid the loss of evidence and to manage the case with due diligence.

Does my car insurance cover damages from wild animals?

Coverage for this type of damage is not included in the mandatory Third-Party Liability (RC Auto) policy. It is necessary to have subscribed to a specific additional coverage, such as a Kasko policy or coverage for 'natural events' or 'impact with wild animals'. Even with such coverage, it is still possible and often advantageous to proceed against the responsible public body to obtain full compensation.

Request a Case Evaluation

If you have suffered an accident due to a wild animal and wish to understand your real chances of obtaining compensation, it is essential to rely on a professional. Lawyer Marco Bianucci offers clear and in-depth consultation to analyze your specific situation. Contact the Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, to receive legal advice and plan the necessary steps to protect your interests.