Giambrone Provides Procedural Guidelines for Road Accidents in Italy

Driving around Italy has been proven to be the solution most tourist would choose to visit our country. Despite the reliability and convenience of our public transportation systems, most visitor prefer to visit the country at their own pace, without necessarily following pre-established routes. Giambrone is aware that having an accident while on vacation is not a situation any visitor hopes to experience. However, it is advisable to take a few aspects into account in the case something unexpected happens.

In the event of a serious accident in which people are injured you need to call:

• The emergency number 112 and 113 for the authorities;
• 118 for an ambulance;

Giambrone also suggests to take note of the names and addresses of all parties involved in the accident. Should any witnesses be available, it is important to take their names and address as well.

Equally important are the details of the insurance companies of the parties involved. They can be found on a label located inside the windshield of the car.

It is also essential to take pictures or even draw a sketch of the accident scene. The law also requires a timely notification of a claim of the people involved to their insurance companies, as it can significantly help the correct evaluation of the accidents dynamics and possible liability involved.

Evidence and statements from the parties involved will be gathered by Italian authorities in order to write a report on the dynamics of the accident.

Pietro Mastrosimone, Personal Injury lawyer at Giambrone, suggests: “It is essential to read the official report carefully before signing it. In the case the accident has led to damages, Italian authorities will provide a copy of the report upon request. Should anyone have been injured in the accident, the official report will be published 90 days after the incident. Any personal injury lawsuit must be submitted within the 90 days”.

In the event no person is injured as a result of the accident, Giambrone recommends using the jointly-agreed statement for insurance purposes, often referred as the CAI (Constatazione Amichevole D’Incidente). CAI is generally provided to every motorist subscribing an insurance contract. The statement is generally used as evidence and it is therefore essential that both parties sign it.

“Do not sign the agreement if you do not understand the contents and if any disagreement on the facts occurs. In this case, it is advisable to contact authorities, even if no people were damaged from the accident. Alternatively contact Giambrone at one of our Italian offices and we will be more than happy to accept your enquiry” adds Pietro Mastrosimone.

Should the authorities have established the occurrence of a breach of the Highway Code a fine will be issued as a consequence of the road accident in Italy.

Authorities may also decide to seize vehicles in order to carry out further reports (for example in case of suspicion of driving while intoxicated or driving under the influence of drugs). Italian authorities may also ask you to undergo a compulsory medical examination. In the case of deaths or serious injuries, your driving licence may be suspended. The Prefect or the Judge will determine the duration of such suspension.

In the case of a fatal accident, the nearest kin must identify the body. A judicial investigation to ascertain the cause of the death may be started and an autopsy may be carried out. The next of kin may appoint a consultant to assist forensic autopsy.

In Italy, medical care is provided free of charge (for EU citizens) by the National Health Service (NHS) through the Local Health Authority (ASL) in all hospitals.

Should you follow the suggestions above you will help your lawyer or insurance company in collecting the necessary evidence for your case or claim.

Useful Italian numbers to remember:

• Carabinieri: National Number 112
• Fire Department: National Number 115
• Ambulance Service: National Number 118
• Police: National Number 113

​If you think you have a case, or require further assistance with your holiday accident claim or any other personal injury claims, why not call our help-line on +44 (0)207 183 9482, alternatively send us an email at: clientservices@giambronelaw.com.