Compulsory insurance and contract
Articles 122 and 125.

Parties and protection mechanisms
Passenger protection (Art. 141), Guarantee Fund for Road Accident Victims (Art. 283 et seq.).

The three claims handling regimes

• ordinary procedure (Art. 148);
• direct compensation / CARD (Arts. 149–150);
• CARD procedure in detail:
  • handling insurer / debtor insurer;
  • CAI accident statement with one or two signatures;
  • exchange of documentation;
  • evidentiary requirements;
  • arbitration.

Assessment of property damage and bodily injury under the updated compensation framework

• minor permanent injuries under Art. 139 (Ministerial Decree 18/07/2025: €963.40);
• serious permanent injuries — Single National Table (TUN), Presidential Decree No. 12/2025, applicable from 5 March 2025;
• residual application of the 2024 Milan Tables;
• point-based assessment of loss of family relationship;
• fatal and serious injury claims;
• differential damages involving INAIL/INPS benefits.

Covers

• Fire
• Theft
• Comprehensive cover (full/partial)
• Collision / limited comprehensive cover
• Windscreen and glass damage
• Natural events
• Vandalism and socio-political events
• Roadside assistance
• Personal accident cover for the driver
• Legal expenses cover

Claims handling rules

• sum insured and market value, including depreciation;
• new-for-old value;
• deductibles and percentage excesses;
• proportional rule (Art. 1907 of the Italian Civil Code);
• subrogation under Art. 1916 of the Italian Civil Code;
• fleet schedules for vehicle fleets.

Key operational differences: MTPL vs Motor Own Damage

• who is entitled to compensation;
• what must be proven;
• how compensation or indemnification is calculated and paid.

Negotiation techniques

• claim investigation and assessment;
• nagement of claimant representatives and legal counsel;
• settlement negotiation;
• average claim cost control.

Practical case studies

1. CARD claim with shared liability;
2. serious permanent injury claim with compensation calculated under the TUN;
3. Motor Own Damage (CVT) total theft claim with new-for-old value;
4. inflated damages claim → negotiation strategy.

Regulatory and data framework

• AIA – Integrated Anti-Fraud Archive (Art. 21 of Decree-Law No. 179/2012; Ministerial Decree No. 108/2015);
• Claims Database (BDS);
• Witness and Injured Parties Registry;
• mandatory database checks for every MTPL/CARD claim (Art. 148, para. 2-bis);
• fraud risk scoring and anomaly indicators.

Organisation and controls

• dedicated Anti-Fraud Unit and annual report to IVASS;
• risk indicators;
• alerts;
• investigations;
• reports to Judicial and Law Enforcement Authorities.

Typical fraud scenarios

• recurring or serial witnesses;
• fictitious vehicle ownership or registration;
• linked or correlated claims;
• injuries inconsistent with the reported accident dynamics.

Definition of a complaint
Impartial complaints handling function

• Art. 7 of the Italian Private Insurance Code (CAP);
• ISVAP Regulation No. 24/2008;
• IVASS Measure No. 97/2020.

Complaints handling

• response within 45 days;
• quarterly reporting to the relevant governing bodies.

Second-level escalation

• IVASS – Consumer Protection Service.