Potholes on the road surface are every motorist's nightmare; one solution for traveling safely is to drive carefully and respect the speed limits imposed, but sometimes this is not enough. This problem is common throughout the country and is a danger not only for motorists, but also for motorcyclists, cyclists and simple pedestrians as an out-of-control vehicle is also dangerous for those traveling on foot. So what can a driver involved in an accident caused by a pothole do?

The contested amendment connected to the liberalization decree places as a requirement, in order to be adequately compensated, objective demonstrability, with a tighter closure on compensation for damage; therefore whoever suffered the damage keeps the evil and the mockery. In reality nothing has changed compared to before, only that currently it is necessary to demonstrate the injury instrumentally (e.g. X-ray), in fact the so-called "whiplash" or distortion of the cervical spine is a real and objectively demonstrable pathology that leads to damage biological and to a permanent disability and as such is compensable. Correct management of the accident is therefore fundamental without making the do-it-yourself mistake. Needless to say, there are many insurance quibbles and it is not so obvious and simple to obtain maximum compensation by the liquidator.This is why it is worth contacting a damage and road accident compensation professional like Toprisarcimenti.

By law it is established that every vehicle and vessel must be strictly insured to circulate, so that in the event of a road accident, the injured party is in a position to obtain adequate compensation for the damage. To guarantee all this, the Guarantee Fund for road victims was established whose primary objective is to intervene in all cases of road accidents where vehicles that are not regularly insured or unidentified are involved. The Road Victims Fund acts through various Insurance Companies, designated according to the region where the road accident occurred, which manage the compensation for the damage as if the unidentified/insured vehicle were instead insured with them and a once the damage to the injured party has been paid, they proceed to recover it directly from the injurer, provided that the latter is identified.

To prepare a claim for compensation for damages for a road accident, it is of fundamental importance to present as much documentation as possible, such as:

The Road Victims Guarantee Fund acts following a road accident in the following cases:

A frequent case in the field of road accidents is that of a road accident involving multiple vehicles, such as a rear-end collision. In this case, the direct compensation procedure expires, so the injured party will have to request compensation for the damage from the vehicle insurance company directly responsible for the road accident.

Direct compensation or more commonly called direct compensation is the procedure for compensation for damage due to a road accident (introduced by insurance companies in 2005) in which, depending on certain conditions, the injured party can optionally request compensation directly from their insurance company. , according to a mechanism that should guarantee the reduction of compensation deadlines.

In the event of an accident occurring on a means of public transport, the passenger transported is still entitled to compensation for the damage suffered, regardless of whether the driver of the vehicle is more or less at fault.

With a recent ruling in 2013, the Court of Cassation ruled confirming the most current jurisprudential trend regarding the concept of "road safety", according to which, a road accident does not only mean an accident which causes a collision between vehicles, but rather any situation that exceeds the normal speed of the vehicle and that is a source of danger for the safety of the driver himself and third parties. Therefore the presumption of contributory negligence can be extended and also applicable in the event that there is no contact between the vehicles involved in the road accident; obviously this contribution must be ascertained, as there must be a causal connection between the driving of the vehicle involved in the collision and the road accident. Therefore, in the event of contributory negligence ascertained in relation to a road accident without collision between two vehicles, the direct compensation procedure can be used to obtain compensation for the damage.

Once the road accident has been reported to the Insurance Company, the same has 90 days from receipt of the required documentation to:

In this specific case where a vehicle registered abroad is also involved in the road accident, within the Green Card system (international insurance certificate which allows a motor vehicle to enter and circulate in a foreign country in compliance with mandatory insurance rules of the country you visit), the body responsible for managing the road accident is the UCI (Italian Central Office). The UCI operates within a system of agreements with other international insurance offices of each country that has joined the Green Card system, and deals with compensation for damage caused by foreign vehicles temporarily circulating in Italian territory. For a road user involved in a road accident with a vehicle insured by a foreign company, it would be very complex and expensive to request compensation for the damage from the other party's company; For this reason and to standardize international compensation procedures, the UCI was established. Obviously, the success of the request is conditional on the circumstance that the applicant did not wrongly cause the accident. Request assistance from TopRisarcimenti, everything will be simpler.

Often, if you are the victim of a road accident, you suffer minor personal injuries and, in worse scenarios, serious personal injuries; the process for clinical recovery can be more or less long, healing without causing permanent disability or healing with macro-permanent damage that will remain for the rest of life. But who is the person in charge who quantifies and establishes these consequences?

In this specific case, regardless of the extent of the injuries suffered by the pedestrian, the driver of the vehicle is subject to a presumption of responsibility. Therefore, compensation for damages will be due unless the driver of the vehicle proves that he did everything necessary and possible to avoid the collision; in simple terms, there are behavioral obligations for pedestrians and duties that weigh on drivers.

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The insurance arbitrator will be managed by Ivass, the Institute for Insurance Supervision and will deal with the extrajudicial resolution of insurance disputes; the purpose of this tool is to reduce the costs related to legal disputes between insured persons and insurance companies, with the effect of reducing justice times, which will have positive effects not only for consumers but also for the insurance companies themselves. Currently, in order to make a complaint to your insurance company, you have to resort to the supervisory institute, Ivass, which however can only conclude the procedure by reporting on its bulletin the start of a sanctioning procedure against the company that is found to be in default.