Traffic accident
Damage and compensation for pain and suffering in Italian law
After a traffic accident in Italy, LAVVIT Italy lawyers assert claims for damages and compensation for pain and suffering. The handling of an accident that has occurred in Italy is basically based on Italian law.
Directly against the Italian liability insurance
LAVVIT Italy lawyers contact the Italian liability insurance company of the accident opponent directly and immediately and demand the rights of his clients. As a rule, a faster result can be achieved than if a German lawyer contacts the German processing office of the Italian insurance company.
Process in Germany or Italy
If the Italian liability insurance company delays the settlement of the claim, LAVVIT Italy lawyers will sue the legitimate claims before German or Italian courts. A lawsuit in a court in northern Italy will be the quickest option, as there is no need to obtain translations and expert opinions on Italian traffic law. When LAVVIT Italy lawyers sue before the German court, they explain Italian traffic and damage law to the German judges in order to avoid extensive and lengthy expert opinions on Italian law.
Traffic accidents under Italian law
Italian law differs significantly in the handling of traffic accidents with regard to damages and compensation for pain and suffering. If two vehicles are involved in an accident in Italy, it is assumed that both drivers are equally at fault. If the other party involved in the accident cannot be proven to be completely at fault, both parties involved in the accident must each pay half of the damage.
While the principle of in rem restitution applies under German law, only the pecuniary damage is compensated under Italian law. This means that the repair costs cannot be claimed and at the same time the vehicle can be resold "cheaply."
The submission of a cost estimate is sufficient for the assertion of the repair costs according to Italian law. According to Italian traffic damage law, the costs for an expert report are not reimbursed.
Compensation for pain and suffering under Italian law
In Italian law, the compensation for pain and suffering is compensated depending on the injury and the age of the injured party and can therefore sometimes be lower or sometimes higher than the German compensation for pain and suffering. Several Italian courts have set up tables for calculation. However, each judge can decide at his own discretion.
The compensation for personal injury (danno biologico) is replaced according to Italian compensation tables and takes into account the injury and the age of the injured person.
The compensation for the loss of close relatives goes far beyond the shock damage under German law and is in the lower six-digit range
The economic personal injury is compensated, so the self-employed are compensated according to their average income. Employees can claim the difference between sick pay and income as damage.
Compensation under Italian law:
The repair costs will always be reimbursed as property damage.
An expert report will only be replaced in exceptional cases.
Rental car costs can only be reimbursed in individual cases.
Depreciation: the remaining loss in value of the vehicle involved in the accident will only be reimbursed in individual cases and for new vehicles.
A loss of use compensation for the duration of the technically necessary repair of the accident vehicle is usually paid up to a maximum of 50 euros per day.
Towing costs are usually covered up to the nearest suitable workshop - in individual cases even up to your home country.
Attorney's fees will be reimbursed.