Civil Cassation Section III, Judgment No. 40885 of 2021: Reflections on the Applicability of Art. 141 Insurance Code
The recent judgment No. 40885 of December 20, 2021, issued by the Court of Cassation, has sparked significant debate regarding the applicability of Art. 141 of the Insurance Code (Legislative Decree No. 209/2005) in road accident situations where no other vehicles are involved. The decision has important implications for the compensation rights of passengers, making further examination necessary.
The Case and the Court's Decision
The appeal was filed by R.C., who sought compensation for the death of his wife, who died in a road accident on November 1, 2010. The Court of Appeal of Milan had initially rejected the claim, considering Art. 141 of the Insurance Code inapplicable due to the absence of involved vehicles in the accident. However, the Court of Cassation revisited this position, highlighting the need for a broader interpretation of the norm.
The Court emphasized that Art. 141 must be applied even in the absence of identifiable vehicles, in order to ensure quicker compensation for passengers.
The Implications of the Judgment
This judgment aligns with a jurisprudential trend aimed at protecting the rights of passengers. The main considerations that emerged from the decision are:
- The right to compensation for passengers must be guaranteed regardless of the presence of involved vehicles.
- The driver's liability should not impede access to compensation, thus promoting stronger protection for vulnerable individuals.
- The legislator intended to allocate risk in such a way as to prioritize the rights of those who suffer damage, avoiding long waits for the establishment of liabilities.
Conclusions
Judgment No. 40885 of the Court of Cassation represents an important step towards legal clarity regarding the rights of passengers in cases of road accidents. The extensive interpretation of Art. 141 of the Insurance Code offers greater protection to individuals involved in road incidents, facilitating easier and more direct access to compensation. This jurisprudential trend may also influence future decisions, necessitating further reflection on the rights of passengers and insurance companies.
