Italy: Legal rulings on road accident liability and compensation

Legal principles in Italy regarding road accident liability and compensation have been clarified through judicial precedents. Under Article 2054 of the Civil Code, drivers are generally presumed responsible for damages caused by their vehicle unless they can prove a 'caso fortuito' (fortuitous event).

A fortuitous event is defined as an extraordinary, unpredictable, and unavoidable occurrence that breaks the causal link between the driver's conduct and the accident. Examples include sudden, acute medical emergencies like a heart attack, provided the condition was entirely unpredictable. Other examples include a tire exploding or a wild animal suddenly appearing on the road.

Regarding compensation, a 2023 ruling from the Court of Cassazione (Ordinanza n. 10686) addressed situations where repair costs exceed a vehicle's commercial value. While insurance companies often attempt to settle by offering only the market value of the car, Article 2058 of the Civil Code allows for 'specific performance.' This means owners have the right to demand the actual repair of the vehicle rather than just a cash settlement, even if the repair costs are higher than the car's market value.