The timing for obtaining compensation for damage caused by an accident varies from case to case and depends on different variables and factors. Typically it can take a minimum of 30 days, a maximum of 120 days , but sometimes even longer.
However, the variables are many:
- if the drivers of the vehicles involved in the accident have signed an amicable statement, then you don’t have to wait long for the settlement of the damage;
- if, on the other hand, there are serious injuries due to the accident, the times are considerably longer.
Let’s see specifically what the times are.
Direct compensation with amicable finding
The amicable assessment, a module that we have already seen , is very useful to reduce the time for the settlement of the damage by the insurance as much as possible. Direct compensation insurance cheque can be obtained from the insurance company within 30 days.
But what do we mean by direct compensation?
This is a provision introduced with the Bersani Decree of 2007, which made it possible to reduce the time for compensation, giving the possibility to the person involved in the road accident, and not responsible, to ask for the liquidation of the damage directly to their insurance company, and not to that of the other party.
However, certain conditions must be met :
- first of all the accident must have happened in Italy;
- all subjects must be resident in Italy;
- the vehicles involved must be at most two;
- in the accident there must be no serious injuries or deaths;
- contact between two vehicles must have occurred.
The insurance company of the person who “suffered” the accident, once it has received the request from its client, can refer to the insurance of the person who caused the accident. Compensation can start immediately after the claim has been reported, which must be made within 3 days. A maximum of 30 days generally pass from reporting the accident to settling the damage .
Direct compensation without amicable finding
An amicable finding is not necessarily required to request direct compensation , even drivers who have not used the CAI model to certify the accident can request it. Therefore, the request for compensation must be made by registered letter with return receipt, attaching the accident report, which is mandatory. The insurance company asks for the quantification of the damage by the expert and then it takes from 60 to 90 days for the liquidation.
If the accident has not caused any damage to people it usually takes two months, for injury compensation instead it usually takes 3 months.
What are the ordinary times for compensation for damage from a road accident
Direct compensation for insurance cheque, as we have seen, is not always possible. Therefore, if the conditions necessary to request it are not met, the ordinary deadlines foreseen for compensation for damages must be applied. The intervention of the expert requested by the insurance company is not necessary, it is necessary to wait for the report of the accident from the authorities to be made public.
Let’s see the timing in detail :
- 90 days for accidents that did not cause harm to people;
- 120 days if the accident resulted in injuries.
The faults of each driver who was involved in the road accident can be given and verified only after the publication of the report, it is important to ensure that the company of the person who caused the damage can elaborate the compensation proposal.
The traditional procedure for obtaining compensation
Unfortunately, the procedure becomes complicated and lengthens if the accident does not involve two cars registered in Italy and above all if there is also significant damage to people . In this case it is always a virtuous attitude to contact the police and not move your car . In this way, once the police have arrived on site, they will be able to carry out assessments that will allow them to establish the faults and reconstruct the dynamics of what happened.
The traditional process is more tortuous than the amicable observation also because it involves a fundamental and indispensable step, namely that of the appraisal . In practice, to manage the procedure, an expert is contacted, necessarily a third party concerning the parties involved, to carry out an in- depth assessment that allows not only to assess the damage of each vehicle involved in the accident, but also to develop a dynamic based on the type of damage reported and on the point of the vehicle where the damage is present, and therefore establish the responsibilities.
After the appraisal, the company can submit a compensation proposal which can be accepted or rejected. Regardless of the decision taken, the company’s check will be sent directly to the home, so the driver will have the opportunity to pocket it immediately or to take it as a sort of down payment by proceeding to court and then using a lawyer.
However, you need to be very careful when you receive the check to evaluate the other documents you are signing well. Specifically, it is necessary to avoid signing a document that acts as a release and therefore raises the company from any other pending. If the release form has been signed, it will no longer be possible to proceed to trial and therefore, in fact, the dispute ends here.
The motorist, always with the support of the lawyer of his own insurance company or a trusted lawyer, can raise and make a counter -offer to the other company to obtain a figure that is more appropriate to his needs, perhaps also requesting the modalities with which he is the calculation has been made.
Another solution increasingly taken into consideration is to avoid compensation with cash and contact a trusted body shop of the company to subject the vehicle to the necessary repairs to restore its aesthetics and correct functioning.