What to do in case of a fatal road accident in Italy: who is entitled to compensation, how to claim it, required documentation, and what to do if the vehicle is uninsured.
In the event of a fatal road accident in Italy, the very first step is to call the emergency services.
Unfortunately, serious road accidents remain a grim reality that
can affect anyone.
If a fatal accident occurs, it is essential to know which actions
to take to protect yourself—whether directly involved or as a
relative of the victim.
Emergency numbers in Italy
- 112 – EU-wide emergency number
- 113 – Police
- 115 – Fire brigade
- 118 – Medical emergency
The 112 EU number is free of charge, works across all EU countries, and offers multilingual assistance.
Which damages can be compensated after a fatal road accident?
In the event of a fatal road accident, two types of damages can be claimed:
Pecuniary damages (material losses):
- Actual financial losses: such as medical and funeral expenses.
- Loss of income: the economic loss arising from the death of the relative who was the main earner.
Anyone who relied on the deceased for financial support may seek compensation from the person deemed responsible for the accident.
Non-pecuniary damages (emotional and intangible losses):
- Biological damage: physical or psychological harm verified by medical assessment (e.g., depression).
- Loss of family relationship: the emotional
suffering and deterioration in the quality of life due to the loss.
This may include both:
- Existential damage: disruption to one's life and daily routines.
- Moral damage: psychological and emotional grief.
Who is entitled to compensation after a fatal road accident?
Compensation may be due to anyone with a close familial or emotional bond with the deceased, regardless of cohabitation.
Eligible relatives include:
- Spouse (not legally separated)
- Civil partner
- Children (biological, adopted, or recognised)
- Parents
- Siblings
- Cohabiting partner
In some cases, grandparents and grandchildren may also be eligible, if there is clear proof of a close emotional bond, shared living arrangements, and no other close family members surviving.
How to prove the right to compensation: required documents
Each claimant (spouse, child, parent, sibling, etc.) must submit a formal compensation request, either independently or through legal representation.
Documents to provide:
- Family status certificate
- Birth certificate
- Cohabitation certificate (if applicable)
- Proof of the emotional relationship (e.g., photographs, letters, witness statements)
Is there a limit to the number of people entitled to compensation?
There is no legal limit on the number of people who can be
compensated.
What matters is the actual suffering or financial
loss caused by the death, and the proximity of the
relationship.
Each claim is assessed individually.
The fact that a spouse or child has already received compensation
does not preclude parents, siblings, or others from also obtaining
it.
Claims must demonstrate:
- The depth of the emotional bond
- The frequency and intensity of the relationship
- The suffering or material damage endured
Note: If the relationship with the deceased was weak or non-existent, compensation may be reduced or denied.
How to file a compensation claim with the Insurance Company
To obtain compensation, relatives of the deceased must submit a formal claim to the insurer of the at-fault vehicle.
Time limit:
- 2 years from the date of the accident
- If the accident is classed as a criminal offence, the longer criminal statute of limitations applies
The claim must include:
- Personal details of the claimant and the deceased
- Date and location of the accident
- Summary of the damage suffered
- Supporting documentation
- Claimed amount (often based on the Milan or Rome compensation tables)
The insurance company must respond within 90 days of receiving the claim.
If the vehicle was uninsured or unidentified
A claim may be submitted to the Road Victims Compensation Fund (Fondo di Garanzia per le Vittime della Strada).
How much compensation can be awarded after a fatal accident?
According to the Italian Supreme Court, compensation for loss of family ties is calculated using a points-based system, considering:
- The victim's age
- The surviving relative's age
- The closeness of the relationship and cohabitation
Steps to claim compensation after a fatal road accident
- Collect documentation: police reports, medical records, expense receipts, etc.
- Notify the insurance company of the accident.
- Submit the claim with all supporting documents.
The insurer may settle based on standard tables or through
negotiation.
Legal assistance from a solicitor specialised in road accident
claims is highly recommended.
When is a Civil Lawsuit Required?
A civil lawsuit may be necessary if:
- The insurance company denies the claim, or
- The compensation offered is inadequate.
Before legal proceedings:
- Notify the insurer within 3 days of the accident.
- Gather evidence from police and any witnesses.
- Obtain a medical-legal expert report.
- Attempt mandatory assisted mediation.
If mediation fails, court proceedings may follow.
Civil trials for road accidents typically last 2 to 5
years.
Compensation for passengers vs. pedestrians: key differences
A crucial distinction must be made between victims:
- In the vehicle (drivers, passengers), and
- Outside the vehicle (pedestrians, cyclists)
Victims in the vehicle
If the victim was a passenger, liability usually lies with the
driver.
The vehicle's insurer must pay compensation to the victim's
relatives.
If the accident was due to poor road maintenance, the road authority may be liable.
Pedestrian victims
Liability usually lies with the driver of the vehicle that caused the accident.
If the pedestrian was on a zebra crossing, the driver bears increased responsibility and must prove the collision was unavoidable despite due care.
In the absence of such proof, the driver and insurer are liable for compensation.
Conclusion
Dealing with the aftermath of a fatal road accident is deeply
traumatic and legally complex.
It is vital to be informed of your rights and the steps required to
claim compensation.
If you or a loved one has been involved in such an event, do not hesitate to contact Boccadutri International Law Firm for expert assistance.
FAQ – What to do after a fatal road accident in Italy
What should be done first after a fatal accident?
Immediately call emergency services. Foreigners should dial 112, free and multilingual across the EU.
What types of damages can be compensated?
- Pecuniary: medical and funeral expenses, loss of income
- Non-pecuniary: grief and emotional suffering
What is the deadline for claiming compensation?
Within 2 years of the incident, or longer if it constitutes a criminal offence.
What documents are required?
- Family status certificate
- Birth or cohabitation certificates
- Evidence of emotional bond (photos, letters, witness statements)
When is a civil claim necessary?
If the insurer:
- Denies compensation, or
- Offers an inadequate amount (after attempting mediation)
What if the vehicle was uninsured or untraceable?
You can apply to the Road Victims Compensation Fund.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
