Road accident: is it necessary to contact the lawyer? Who pays for it?

Road accident: is it necessary to contact the lawyer? Who pays the lawyer?

Let’s see briefly how you should behave in case you are involved in a traffic accident.

It is not always easy to obtain compensation for damages resulting from a traffic accident.

That is why it is good, from the beginning, to contact a good lawyer, who makes sure that insurance companies deal with the case promptly.

What damages can result from a traffic accident?

The damages can be:

a) material damage (to things);
b) physical damage (to people).
In turn, these two types of damage are divided into other compensable elements:
a) moral damages;
b) damages for loss of earnings due to the impossibility of carrying out the work activity;
c) damages for not using the vehicle;
d) and, finally, the reimbursement of all expenses derived from the accident (medical expenses, transportation costs of the
vehicle …) …

How should one behave in an accident?

Therefore, when a traffic accident occurs, it is necessary, first of all, to verify that the vehicles and people involved are not in a position to cause another accident. In this case, the presence of an accident must be adequately reported to other road users. If people are injured, an ambulance should be called. And, again, if the accident is serious, it is necessary to request the intervention of the authorities: Carabinieri, Vigili Urbani … so that they can proceed to the necessary findings, in order to reconstruct the exact dynamics of the accident.

At the scene of the accident it is necessary to acquire as much information as possible; specifically:

1) the identity of the drivers and owners of the vehicles involved, that is, personal data, address, telephone contact, data related to the license;

2) the insurance company of the respective vehicles, or the name of the company, the policy number and the agency.
And, again, if other people have attended the accident, it is a good idea to write down the name, surname, address and telephone contact of any witness and passenger of the vehicles.

The friendly declaration must always be completed in its entirety, even if the counterparties are not available to sign it.

The first step that the lawyer in charge of instructing the practice must take, to obtain compensation for damages, is to send a request by registered letter with acknowledgment of receipt with all the attached documentation.

Some documents must be indicated immediately, others in the course of practice. The Insurance Law indicates what are the necessary requirements for the opposing insurance company to take into account the compensation claim.

The CID (direct compensation agreement) duly completed in its entirety must be attached, even if the counterparty does not sign it. The CID, in fact, contains all the necessary elements to start the file, id est:

– the place, date and time of the accident;
– the details of the parties involved: plate, name of the owner and driver, insurance company, agency and policy number;
– the description of the dynamics of the accident;
– the description of the damage suffered by the vehicles;
– report and description of any physical damage;
– the indication of any witness.

The writer believes that it should be noted that in the event of intervention by some authority (Carabinieri, PoliziaStradale, …) insurance companies do not resolve the damage until the accident report is available. The report is delivered, at the express request of the party, after 30/60 days if it is an accident in which no injuries have occurred and after 90/120 days if it is an injury accident.

In some particular cases, or in the presence of serious injuries, deaths or lawsuits filed by one of the parties, a criminal proceeding is opened and, to obtain a copy of the «accident report», it is necessary to obtain a permit from the magistrate who takes Conduct investigations. The prosecutor.

In these hypotheses, the presence of a lawyer is necessary to indicate the procedure to follow to obtain compensation.

Please note: in case the person causing the accident is not known or because he has not provided his personal data and does not have insurance, it is possible, in the presence of certain conditions, to contact a special Fund called «Guarantee Fund for the Victims of the Road «, which will compensate the damages. Finally, if the accident involved a foreign vehicle circulating in Italy, it is mandatory to contact a specific office in Italy.

Who are the protagonists of the damage compensation practice?

The main protagonists, that is, those who activate the practice are:

1) the victim;
2) your attorney;
3) and the counterparty.
To obtain compensation, we also contact the figure:
4) of the liquidator, or the person in charge of the insurance to administer the case;
5) the expert appointed by the liquidator to estimate the damages of the vehicle and, in some cases, proceed directly to the liquidation of the damage;
6) by the medical examiner if it is necessary to evaluate any physical damage resulting from the accident.
Finally, if the insurance company disputes the reasons supported or the amount of the amount to be paid, it will be necessary to contact a judge.

Once the attorney has sent the damage request by registered letter with acknowledgment of receipt, what should you do?
At this point, it is necessary to determine the amount of compensation to which you are entitled.

Regarding material damage, a clarification must be made: the compensable damage cannot exceed the economic value of the vehicle. If, on the other hand, the damage suffered is equal to or greater than the economic value of the vehicle, there are two possibilities:

a) the vehicle is not repaired until the insurance company sends an expert;

b) the vehicle is repaired and the expense incurred is documented with a tax invoice or receipt, as well as the existence of the damage through the photos of the damaged vehicle before the repair.

Of the two possibilities, the most convenient is the second, even if it has a defect or the advance of repair costs.
Evidence of personal injury resulting from the accident must also be provided.

The main document is the first aid certificate that had to be used by those who suffered damage as a result of a traffic accident. Then it will be necessary to document the development of the injury until «recovery», taking care to keep the tax documentation related to the medical expenses incurred that, at the time of liquidation of the damages, will be reimbursed.

Finally, it will be necessary to undergo medical-legal controls to accurately quantify the damage suffered.
The described procedure is very simple. Damage to the person is expressed in percentage points and each point is settled with a certain figure that varies according to the number of points of invalidity and the age of the injured person at the time of the accident.

In addition to the main element, the so-called biological damage, other elements (such as total temporary disability, partial disability and non-material damage) are compensated in addition to the reimbursement of medical expenses.
If physical damage has also led to a decrease in income, temporary or permanent, this will also be compensated.
Once clarified:

– the dynamics of the accident,
– proof and amount of material damage;
– and proof and amount of physical damage

The case is ready for liquidation. This opens the negotiation phase with the liquidator. Negotiation that will end positively if the practice has been well educated and the liquidator has a professional (lawyer) as his interlocutor. If the negotiation is successful, the injured party will be compensated; In the event that, on the other hand, the liquidator does not want to compensate or the Insurance, as often happens, does not send the expert, it will be necessary to appeal to the Judge.

It should be noted that most practices related to traffic accidents, when instructed by an attorney, are resolved without the need to appeal to the judge.

To conclude, the writer considers it necessary to underline that the qua procedure, for the resolution of damages resulting from an accident, is simple for the «experts», but it is not so for those who are foreign to the matter, who assume the role of part. weak in relationship with insurance company. For this reason, it is good to request the assistance of a lawyer, when you are involved in an accident, because thanks to their preparation and experience, you can more easily interact with the Insurance Company and the liquidators and, In addition, evaluate if the amount offered , as compensation, corresponds to the extent of the damage suffered.

In support of this, Judgment No. 11606 of 2005, with which the Supreme Court of Cassation reiterated that «the insurance institution is not only economically stronger but is also technically organized and professionally equipped to deal with all compensation matters of the damages caused by road traffic, given the complexity and multiplicity of the regulatory principles of the matter «. In the same Judgment of the Plaza Cavour, they reiterate that the injured party has the right, due to his constitutionally guaranteed right of defense (art. 24 of the Constitution), to have the assistance of a trusted lawyer and, in the case For a good settlement of the dispute, get reimbursement of the relative legal costs.

And, again, I consider it appropriate to highlight what was observed by a justice of the peace in Cagliari (court belonging to me): «the injured party when he is not assisted by a lawyer is forced to submit to the compensation conditions imposed by his company, which he enjoys from a prevailing position, settle for what the liquidators offer, whose main objective is to respect the budgetary needs of the insurance companies where they serve (an order of February 2008) «.

Finally I answer the question: Who pays the lawyer?

The insurance company almost always incurs attorney’s fees.