Do you have the right to be compensated if the car you are transported in is in an accident?Discover everything you need to know about it in this guide
Do you find yourself, in spite of you, looking for information about the compensation of the third transported ?
Staying involved in an accident while on board a car driven by another person is certainly not a pleasant thing: however, according to the criterion of third-hand compensation transported, if you suffer damage in such a circumstance you will always be entitled to be compensated by the company where the vehicle you were transported on.
But the good news does not end here: in the event of an accident of any magnitude, all people, excluding the driver, who were on board the car will be compensated regardless of what was the dynamics of the accident.
This means that the obligation of compensation by the insurance always starts even when the liability of the accident is not attributable to those behind the wheel of the car on which he was transported, but to the other driver.
The implications of the third-party agreement carried are clear and obvious: let’s put for example that while you are on board a car, it remains involved in a claim with another vehicle that is not insured, or that the second driver will unleave his data without leaving his data.
In both of these cases, you will still receive compensation third-party damages carried as it will be the insurance of the car on which you were compensate, regardless of whether the fault of the accident is attributable to its driver or not.
What is the third-party compensation carried
The third-party compensation brought is introduced by virtue of which provides that any damage suffered by the third passenger carried is compensated by the insurance company of the vehicle on which the injured person was travelling at the time of the accident, regardless of how the dynamics of the accident took place.
The good news, in this case, is that if you were involved in such a situation, you will not have to wait for the experts of the two insurance companies to determine who should be attributed to the responsibility of the accident, but it will be the very insurance of the car on which you were on board to compensate for any possible damage suffered.
But, be careful, the surprises do not end here: the third compensation transported is also valid when you are traveling on a regularly insured engine and applies regardless of the degree of kinship between driver and passenger.
How the compensation of the third transported operation
In the case of third-party compensation carried, the law imposes a de facto compensation procedure equivalent to that provided for in the event of direct compensation under Article 148 Insurance Code.
This means, among other things, that in the event of serious accidents in which the death of the transport takes place, it will be his family members who receive the compensation due.
Spouse and children of the same driver are also entitled to compensation, or the same owner if he is not driving at the time of the accident.
Accidents that occurred during the phases of the vehicle and descent from the vehicle and during the stop and stop are also covered for compensation.
The process to get it
To obtain compensation, the damaged passenger must submit a specific request by registered letter to the company where the vehicle he was traveling in is insured, even if he was not the main person responsible for the accident.
In the request it will be appropriate to enter in addition to your personal data, the data relating to the car and the accident in which you were involved, also a list of physical injuries and material damage suffered (for example, breaking glasses, clothes or other objects worn).
If in your possession, remember also attaching all medical documentation related to injuries suffered such as:
- Minutes of the emergency room;
- Reports of specialist visits and diagnostic investigations;
- Recipes of prescribed medicinal products as a result of the accident suffered.
To document material damage instead, it is certainly useful to attach photos, invoices and estimates for the repair of the various damaged objects.
In some cases, a statement is also required that the injured person is not entitled to additional benefits from institutions that manage compulsory social insurance (e.g. INAIL).
Only in case of death of the transport, the family status will also be attached.
Within 90 days of sending all documentation (60 if the damage only limited to things) the insurance company will be obliged to formulate the injured party a compensation offer, usually preceded by a visit by a medical examiner engaged by the same insurance to which the applicant can in no way escape, under penalty of the deferral of the same claim.
What happens after receiving the offer from the insurance company
Once the offer is formulated, the possible assumptions are as follows:
- That the damaged person accepts the offer, which will then be paid within 15 days of acceptance;
- That the injured party does not accept the offer or do not pronounce on the latter within 30 days.
In this second case, the company will still have to pay the amount proposed within the 15 days provided, as an advance of the total compensation.
The injured party may appeal to the Justice of the Peace or the Court in the event of serious accidents only if the company omits to submit its offer within the deadlines set.
However, in the case of very serious accidents, it can happen that the compensation requested is higher than the limit of the ceiling provided for by the Law (i.e. 5 million euros for damage per person, 1 million euros for damage to things): in this case the damaged person will also have to act against the vehicle insurance (or vehicles) responsible for the accident to recover the total amount.
An example to make you understand this last eventuality?
Let’s say that you, while traveling in the car of your colleague, suffers a damage of more than 5 million euros; in this case, the company where the vehicle in which you travel is insured will compensate you for up to 5 million, while the remaining part will be compensated by the insurance of the other or other vehicles involved.
When it is applied
As I wrote above, the Third-port to Conveyor applies to any kind of situation, both where the responsibility and the driver of the car on which the injured person is located, and if not.
This, of course, is intended to protect the person who was an accident victim while on board a vehicle not being driving, even if he were an adult or a minor with a relationship with the driver or the owner of the vehicle.
Contrary to what is thought, even if the transported victim of an accident had not properly fastened the seat belt, it will have the same right to be compensated on the basis of this rule of the insurance code.
Failure to tie the belt may eventually decree a downsizing of the sum compensated, if the damage caused has been due above all to the non-use of this important safety device.
It is therefore wrong to think that the passenger who has not fastened his belt is not at all in the event of an accident: this interpretation of the law is partly linked to the fact that if the transporter traveled without a belt, the responsibility in this case is also the driver who has accepted to circulate in insecurity (this is particularly true in the case, for example, the transported are children).
What if the insurance has no intention of paying? Click here and find out how to behave even if the company delays in retardships!
