Compensation for damages from a car accident: 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 vehicle in the event of a car accident. This provision clarifies some fundamental aspects regarding the assessment of damage and the importance of evidence in the compensation process.

The principle of compensability of damages

In general. Damages suffered by a vehicle in a car accident are compensable if they are an immediate and direct consequence of the wrongful act, and the relevant assessment is up to the trial judge, without the absence of evidence of the expenditure indicated in the estimate for repairs being relevant. (In application of this principle, the Supreme Court annulled with referral the judgment of merit that had rejected the compensation claim, considering the damage unproven due to the lack of evidence of payment for the repair).

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

The implications of the ruling

The Ordinance in question fits into well-established case law that has already addressed similar issues in the past. For example, precedents such as judgment No. 9942 of 2016 and No. 11765 of 2013 also deal with the compensability of damages and the evidence required. It is essential to consider that, in practice, many drivers 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 damage is a matter for the trial judge.
  • The absence of proof of expenditure 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 car accident, have the right to have the damage suffered recognized, regardless of the ability to demonstrate payment for the repair.

Conclusions

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

Bianucci Law Firm