News
Compensation for the third party carried in the event of a road accident
- 03/01/2022
With Interlocutory Ordinance no. 40885 of 20th December 2021, the Court of Cassation was asked about the question, object of interpretative contrast on the applicability of the legislation on the compensation of the third party if no other vehicles are involved in the road accident.
The interpretative contrast concerns the dubious application of art. 141 or if art. 144 of the Private Insurance Code (Legislative Decree no. 209/2005) due to antecedent and conflicting guidelines of the Court of Cassation: Cass. n. 16477 of 5.7.2017 (the injured third party can act directly against the carrier's insurance and it is not necessary to involve more vehicles) and Cass. n. 25033 of 8.10.2019 (the injured third party cannot take direct action (pursuant to Article 141), if at least one other vehicle is not involved in the accident). The most recent jurisprudence, on the other hand, Cass., N.17963 of 23.6.2021 stated that in the event of an accident involving only the vehicle in which the injured party is transported, the latter has direct action for compensation against the company vehicle insurance.
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