- within Litigation and Mediation & Arbitration topic(s)
- in Australia
- within Litigation, Mediation & Arbitration, Real Estate and Construction and Family and Matrimonial topic(s)
Updates for third-party passengers: possibility of cumulative claims against multiple insurers. Here is how it works in Italy, including for foreign citizens.
The Court of Cassation, with order no. 24840 of 9 September 2025, clarified that, in matters of road traffic accident compensation, a third-party passenger may file claims for compensation against multiple insurers simultaneously.
This is possible if other vehicles, in addition to the one carrying the "injured" passenger, were involved in the accident, regardless of the determination of liability of the drivers involved.
The direct action of the third-party passenger against the insurer of the carrier does not prevent him from also seeking compensation from the insurer of the liable party.
The third-party passenger may therefore bring cumulative compensation claims against multiple insurers, making it easier to obtain full and prompt compensation.
He may therefore file both the direct action (provided under Article 141 of Legislative Decree no. 209/2005) and the general damage action (Article 144 of the same Legislative Decree) cumulatively.
Parties involved in compensation
When referring to a "third-party passenger" of a vehicle, we mean a person involved in a road traffic accident while travelling in a vehicle as a passenger, who suffers physical or material damage as a result of the accident.
It is not excluded that the third-party passenger may also be the owner of the vehicle who, at the time of the accident, was not driving.
- The carrier is the person driving the vehicle in which the third-party passenger was travelling at the time of the accident.
- The liable party is the person required to compensate for the damage. Normally, this is the insurer of the carrier or the vehicle owner.
- The vehicle owner is a necessary co-litigant and must therefore be mandatorily joined in the proceedings together with the insurer.
Joinder of parties occurs when multiple plaintiffs or defendants are involved in a civil case.
It may be:
- Necessary, when the judgment can only produce effects if rendered against all parties (e.g., actions altering a person's status);
- Optional, when the participation of multiple parties is not essential for the validity of the judgment.
The driver, for example, is not a necessary co-litigant and may or may not be summoned by the third-party passenger.
What changes with the cassation ruling
The third-party passenger may cumulate claims against all insurers involved in the accident.
What does this mean?
- The passenger may summon both the insurer of the vehicle in which he was travelling and that of the other vehicle(s) involved.
- No "necessary joinder of parties" is created: the passenger is free to choose whether to summon one or several insurers together.
- This increases the chances of obtaining full compensation, without the risk of refusals or delays due to conflicts between insurers.
Right to compensation for damages suffered by the third-party passenger
The right to compensation for damages suffered by the third-party passenger is provided for and governed by Article 141 of the Insurance Code.
For compensation purposes, the accident dynamics and any fault of the driver are irrelevant.
The third-party passenger, unlike the driver, bears no responsibility for the accident and therefore has the right to compensation. He may immediately submit compensation claims to insurers without waiting for the reconstruction of the accident dynamics.
To protect him, Article 141 of the Insurance Code provides that:
- compensation is due regardless of the drivers' fault;
- he may submit the claim directly to the insurer of the vehicle in which he was travelling;
- he may also act simultaneously against other insurers involved.
In certain circumstances, the passenger's right may be limited.
For example, if the damage was aggravated by not wearing a seat belt.
This means the passenger does not need to establish liability: his right to compensation is autonomous.
Another limit is that of "force majeure," a very rare event that releases all parties from liability.
Recourse and force majeure: limits to compensation
If the insurer of the carrier compensates the third-party passenger, it may then exercise recourse against the insurer of the vehicle actually liable for the accident.
The third-party passenger may be denied compensation if it is established that the accident resulted from force majeure, i.e., an unforeseeable and unavoidable event, natural or human in origin, unrelated to the circulation of the vehicle and not attributable to any of the drivers.
Force majeure excludes the third-party passenger's right to compensation from the insurer of the vehicle in which he was travelling, pursuant to Article 141 of the Insurance Code.
What happens if the third-party passenger is a foreigner
If the third-party passenger is a foreign citizen, the procedure for claiming compensation may vary depending on residence:
- Foreign resident in Italy: The passenger has the same rights as an Italian citizen: he may directly summon the insurer(s) involved and benefit from Italian law.
- Foreign resident abroad: The compensation still follows Italian rules, since the accident occurred in Italy.
The foreign passenger may bring legal action in Italy or, in some cases, in his own country through international cooperation procedures.
The involvement of multiple insurers makes specialised legal assistance even more important, especially for managing timelines, translations, and recognition of sums abroad.
For further information, see how compensation works for the death of a family member in Italy and what to do in the event of a fatal road accident in Italy.
What to do in case of a road accident caused by a foreign vehicle in Italy
If the accident was caused by a foreign vehicle in Italy, the compensation claim must be submitted in writing to a specific body, the Ufficio Centrale Italiano (U.C.I.).
The claim must be accompanied by:
- a copy of the amicable accident report (if signed by the parties), and
- a copy of the green card (if available).
If it is established that the foreign vehicle was uninsured or the cover was not valid, the injured party must turn to the Road Victims Guarantee Fund.
How compensation for the third-party passenger works
Compensation for the third-party passenger in Italy operates through Direct Action (Article 141 of the Insurance Code), which allows the passenger to claim directly against the insurer of the vehicle in which he was travelling at the time of the accident, regardless of the driver's fault, but also against the insurers of other vehicles involved.
The procedure involves sending a claim for compensation to the insurers, who must then assess the damages and make a compensation offer within set deadlines.
Procedure for filing a compensation claim
- Filing the claim: The third-party passenger must send a formal claim (registered letter with acknowledgment of receipt or certified email) to the insurer of the vehicle in which he was travelling (or, as we have seen, to other insurers involved).
The claim must include:
- personal details of the injured party (ID data, tax code,
income);
- description of the accident circumstances;
- medical certificates confirming the seriousness of the injuries and recovery, if applicable;
- statement on any entitlement to benefits from mandatory social security bodies (e.g., INAIL);
- address and date where the damaged property is available for inspection.
- Assessment and offer: The insurer, once the
claim is received, may appoint an expert or a medical examiner to
assess damages.
- For physical injuries, the insurer has 90 days to make an offer.
- For material damages, the deadline is 60 days.
- Acceptance or refusal: The third-party passenger may accept the compensation offer, in which case payment must be made within 15 days. If the offer is considered too low, he may accept the proposed amount as an advance and then pursue legal action for full compensation.
If there is no insurance cover or the vehicle is unidentifiable, compensation may be requested from the Road Victims Guarantee Fund.
Assisted negotiation for the third-party passenger
Before going to trial, the law provides for assisted negotiation, i.e., an out-of-court settlement managed by lawyers.
For the third-party passenger, this may be a quick way to obtain compensation without lengthy proceedings, particularly if he is a foreign tourist who must return home.
Why seek legal assistance
The third-party passenger enjoys strong protection, but the possibility of cumulating claims against multiple insurers creates complex scenarios requiring legal expertise.
For foreign citizens in particular, managing cross-border claims makes it even more necessary to have a lawyer with international competence by one's side.
If you have been the victim of an accident as a passenger in Italy, or if a family member has, our Law Firm can assist you step by step in obtaining fair compensation.
FAQ on Road traffic accident and compensation for third-party passengers
Who pays compensation to the third-party passenger?
The insurer of the vehicle in which he was travelling, with the possibility of also acting against other insurers involved.
Does the third-party passenger need to prove the driver's fault?
No, the right to compensation is automatic, except in cases of force majeure.
Does a foreign passenger have the right to compensation in Italy?
Yes, whether resident in Italy or abroad: the rules of the Italian Insurance Code apply.
Is it necessary to sue both insurers?
Not mandatory, but it is possible to cumulate claims against multiple insurers to obtain full compensation.
Can the case be settled without going to court?
Yes, through assisted negotiation managed by lawyers, which may speed up the process.
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.
