How Compensation For Road-Traffic Accidents Has Changed

Author:Mr Calogero Boccadutri
Profession:Boccadutri International Law Firm

From the end of August 2017, when law no. 124/2017 came into effect, the procedure for obtaining compensation after a road traffic accident changed.

The law for competition regulation, which came Into effect on the 29 August 2017, changes the rules for “car accident compensation” as well as those regarding car Insurance.

Witness statements

The witness - the one present at the accident - has always played a critical role In the reconstruction of the events of an accident. Unfortunately, a witness statement can very easily be falsified.

In the worst cases, there are even some who have turned “witness of car accidents” Into a full-time job.

False testimony is a very common crime. With this In mind, the legislature has tried to crack down on It by making sure that these phantom witnesses cannot just appear as If from nowhere just at the right time.

As far as the new regulations are concerned, In case of road traffic accidents that result In damages to objects and not people, the name of the witness must be specified In the same Insurance deed as the charge, within sixty days of the accident.

Once these terms have expired, no further testimonies can be given In civil court.

In exceptional cases, an extension to the sixty days may be granted If It was particularly difficult to Identify a witness, but In this case, It would be up to the judge to decide whether to accept the testimony or not.

The authorities In charge of the authentication of the accident - law enforcement authorities - are excluded from the regulations that limit the amount of time allowed for the presentation of the witnesses.

Every person called to give testimony will be able to participate as a witness a maximum of three times In five years. Once such a limit has been reached, they can be charged for false testimony. The civil registry for accidents will support the judge in verifying the reliability of witnesses.

The car's black box

The new regulations rely a great deal upon the use of the black box to ascertain the events of accidents.

The black box, an electronic device equipped with a GPS detector, can register useful data regarding a driver's behaviour. All It takes Is for one of the vehicles Involved to present It and the accident can be reconstructed, attributing responsibility to the right people and reducing the need for further “human” testimonies.

Everyone covered by Insurance will not only be able to have free access to the black box through their own Insurance...

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