Motor Liability Insurance

MOTOR LIABILITY INSURANCE - THE CONTRACT

My motor liability policy has expired but my company has not sent me the certificate of claims experience, what should I do?

Since 1 July 2015 the certificate of claims experience is no longer delivered in paper form and companies must feed the electronic data bank of certificates of claims experience, managed by ANIA. Certificates of claims experience can be delivered:
• by making them available in the customer area of the undertaking's website, which can be accessed using the log-in information received after the registration
• by sending them to the policyholder's e-mail address
• through additional electronic techniques which can be made available by the undertaking, such as for example apps for smartphones or tablets.
At your request the insurance undertaking also delivers a paper copy of the certificate, which cannot however be used to underwrite a new contract.

If I want to take out a motor liability policy with another company, what happens if my former company has not entered the certificate of claims experience in the data bank or has not updated the bonus class I have reached?

If the company with which you have been insured has not entered into the data bank the certificate of claims experience relative to the last year of insurance or if the certificate contains incorrect information, the undertaking with which you wish to conclude a new motor liability policy must reconstruct, provisionally, the missing insurance period through your statement, pending the correction to be provided by the previous undertaking (art. 9, IVASS Reg. no. 9/2015).

How long does my latest certificate of claims experience remain valid?

The certificate of claims experience remains valid for five years:
• if you have suspended or failed to renew the insurance policy for non-use of the vehicle (in this case you must sign a statement and deliver it to the undertaking);
• in case of documented sale, delivery for sale, theft, destruction of vehicles, end of life or permanent export abroad of the vehicle (art. 8, IVASS Reg. no. 9/2015).

Can the policyholder of a motor liability policy be other than the owner?

Yes, you can take out a motor liability policy in your name (i.e. you can be the policyholder) even if you are not the owner of the vehicle. However, the bonus class shown in the certificate of claims experience shall be referred to the vehicle’s owner and not to the policyholder. The policyholder may vary from one year to the other and may always use the bonus class referred to the vehicle’s owner, provided that the latter remains unchanged.

My motor liability policy is expiring and my bonus class has increased following an accident I caused. How can I know the amount paid by my insurer and reimburse it to avoid that my bonus class worsen (malus)?

The contractual conditions generally provide for the possibility for the policyholder to refund the company with the amounts for claims settled in the course of the "observation period". Through the reimbursement, you avoid the application of the malus, i.e. you retain the acquired bonus class; this option may be exercised even if you have changed insurance undertaking.
This opportunity may be important to use in cases of claims of a small account, since it allows you to avoid the malus and the consequent additional premium.
The procedure to be followed varies according to whether the claim has be managed under the direct compensation system or not.
Direct compensation: if you wish to know the amount of claims paid for which you were liable and refund this amount you can directly contact CONSAP (Concessionaria Servizi Assicurativi Pubblici S.p.A.). Alternatively, you can contact your intermediary who, in addition to providing you with the necessary instructions, can also directly make the request to CONSAP on your behalf.
The contact details for CONSAP are: via Yser 14 - 00198 Rome - www.consap.it - Tel. 06 85796444 Fax 06 85796545546-547-296; e-mail for the public: rimborsistanza@consap.it.
CONSAP will directly provide you with all the information on the terms and procedures to proceed with the refund.
Compensation by the counterparty: if the claim has been managed by the insurance undertaking of the party civilly liable, any information on the amount paid must be requested to (and provided by) that undertaking.

A malus has been applied to me for a motor liability claim which has never taken place. What should I do?

In all cases where there is a claim for compensation in which your liability is involved and an accident statement form is not presented by you, your insurance undertaking must inform you in order to acquire your form and your version of events. If the undertaking has not done so, you can submit a complaint to the undertaking asking to reclassify the contract and to recalculate the bonus class and the premium to be paid without taking account of the claim. In case you are not satisfied with the response you may contact IVASS. If the undertaking has contacted you by acquiring your statement for denial/non-involvement with the event, but from the claim management it can be inferred that the event occurred and your liability in causing it, be aware that the management of the dispute is by law (art. 1917 Italian Civil Code) entrusted to the undertaking.
You have in any case the right of access to the claims file, once its handling has been concluded, to verify that it has been properly managed and to decide whether or not to appeal to the legal authorities.
For more information see IVASS letter to the market of 4 July 2012 “Phantom claims and direct compensation”.

If I do not renew a motor liability policy at expiry, what happens to the ancillary covers linked to it?

Since 1 January 2013 the tacit renewal of motor liability policies has been abolished; however, there is no similar regulation for ancillary covers linked to motor liability insurance, such as for example injury to the driver. In such cases it may be prudent to send a cancellation request by the deadline stated in the contract. However, if you have not sent the cancellation by the deadline and the conclusion of the ancillary covers occurred at the same time as that of the motor liability policy, you can ask the undertaking to consider them implicitly cancelled; in case you are not satisfied with the reply you can consult IVASS.

What is and what purpose does the MTPL Family Bonus serve?

The MTPL Family Bonus allows anyone needing to insure a vehicle to benefit from the more advantageous bonus class reached for another vehicle owned by a permanently cohabiting family member.

Is the “Bersani Law” (Law 40/2007) still in force or has it been repealed?

The “Bersani Law” is still in force; the Family Bonus has extended its benefits (for example, the benefit can be applied also in case of “renewal” and not necessarily only when a further vehicle is purchased. See below for further details).

Is the MTPL Family Bonus applicable only if the contract is concluded with the same undertaking that has insured the vehicle that has reached the more advantageous bonus class?

No, you can also take out insurance with a different insurance company.

Is it necessary to purchase a new vehicle to benefit from the MTPL Family Bonus?

No, the Family Bonus is applicable also when the beneficiary vehicle was purchased before the date of entry into force of the law, i.e. 16/02/2020, therefore not only in case of a new contract, but also in case of renewal.

Is the MTPL Family Bonus applicable also to vehicles of different type (i.e. car/motorcycle or moped/motorcycle)?

Yes. Differently from the “Bersani Law”, the conditions for applying the Bonus do not require that the vehicles must be of the same type. Therefore, the more advantageous bonus class can be applied not only between vehicles of the same type (for ex. car/car) but also to vehicles of different type (i.e. car/motorcycle or vice versa).

Does the MTPL Family Bonus apply also in case of a claims history statement with no claim, but that has not completed the observation period of 5 years?

On 15 February 2021, IVASS published on its website a specific Notice on the “Family Bonus and Extension of the claims history statement”, providing clarification on the terms of the provisions, IVASS’ action and limits of intervention.

Does the MTPL Family Bonus apply to the cases when the owner of the vehicles concerned is a legal person?

No, the provisions refer to a natural person, therefore they are not applicable to undertakings, companies and legal entities of any type.

How do I pay motor liability premiums? May I pay my motor liability policy in cash?

Insurance regulations lay down that the premium for motor liability policies and the relevant ancillary covers, in so far as they relate to the same vehicle insured against motor vehicle liability, can also be paid in cash. It should be noted, however, that the payment made by bank transfer or cheque payable to the insurance undertaking protects you from disservices or loss.
For the other non-life insurance contracts, payment in cash can be accepted only when the amount of the premium does not exceed 750 euro per year.

Does the insurer have the obligation to inform you of the expiry of the due date for paying the half-yearly instalment of the motor liability insurance premium?

No, in case the premium is paid in instalments it is however important to remember to pay the instalments at the contractually established deadlines in order to avoid interruption of the insurance cover and the loss of the bonus class reached.

MOTOR LIABILITY INSURANCE - CLAIM COMPENSATION

I have had a motor accident. To whom should I submit the claim for compensation?

If you have had an accident for which you are not liable or are only partly liable, the direct compensation procedure shall apply (see form); therefore you must present a claim for compensation directly to your insurer, in the following cases:
• if the accident involves only two vehicles, both identified, regularly insured and registered in Italy;
• if, besides the damage to the objects transported and the vehicle, the party has suffered bodily injuries, these must not be serious injuries, or rather with permanent disability of less than 9%.
In the other cases the claim for compensation must be presented to the insurer of the vehicle liable for the accident (see ordinary procedure form).

What information should the claim for compensation contain?

The claim for compensation should contain at least the following information: date, place and time of the accident, names of the parties involved; tax code, accident reconstruction; data of the vehicles involved; place and time in which the damaged vehicle is available for examination.
It is important to remind that the submission of the agreed motor accident statement report form (C.A.I., also called "blue form") does not constitute in itself a complete claim for compensation.

How much time does the insurer have to settle a motor insurance claim?

The insurer is required to make the compensation offer within 60 days of the date it received the request for compensation for the damage to property or to the vehicle and within 90 days for personal injuries.
The deadline of 60 days is reduced to 30 days in case there is an agreed motor accident statement report form (C.A.I., also called "blue form") signed jointly by the two drivers of the vehicles involved in the accident. The payment must be made within 15 days of accepting the sum offered by the undertaking.

Is it compulsory to fill in the accident report form (C.A.I., also called "blue form") to use the direct compensation procedure, and should it be completed in all parts?

You should use the motor accident statement report form (C.A.I., also called "blue form") for reporting the accident, although it is not necessary. The use of the blue form, signed jointly by the two drivers, in fact allows a more rapid compensation. Although the form should be completed in all parts, to be compensated directly by your insurance undertaking it is sufficient to indicate the following essential elements: date of the accident, surname and first name of both policyholders, plates of the two vehicles, their insurance undertakings, the circumstances and/or the drawing of the accident, the signatures of the two drivers.

To whom should the claim for compensation be submitted when the vehicle which caused the accident is not insured, or identified or has been used against the will of the owner (i.e. if it has been stolen)?

If you have suffered damage caused by an uninsured vehicle, or by a vehicle in relation to which it is impossible to identify the insurance undertaking, or else by a vehicle which has been used against the will of the owner (i.e. if it has been stolen), you should file the claim for compensation with the appointed undertaking and CONSAP - Fondo di garanzia per le vittime della strada - National Guarantee Fund for the Victims of Road Accidents (F.G.V.S.) - via Yser 14 - 00198 Rome. To carry out the request please follow the steps listed on the website of Consap.

Is it possible to access the documents contained in a claim file to check if the claim has been managed correctly by the undertaking? How should I file the request?

The policyholders, the insured persons and the persons who suffered damage as a result of road accidents have the right of access to documents that concern them at the insurance undertakings. Access can be exercised in relation to all the accident documents contained in the claims file: the accident statement form, the request for compensation, witness statements with exclusion of their personal information, the evaluations made on the vehicles and medical examinations relating to the applicant/concerned party, estimates, settlement receipts, etc.
The access request must be addressed to the head office, the Directorate General of the undertaking, the office responsible for the settlement of the claim or at the sale point at which the contract was concluded. It must contain the indication of the act to which you seek access and in annex a copy of an identity document of the person concerned. If the access request is incomplete, the undertaking asks for the integration within 15 days, otherwise in the same term it communicates the acceptance or rejection of the request.
The access request may be submitted once the claim has been handled to conclusion, to verify that it has been managed correctly. In particular, the handling of the claim is considered concluded:
• further to communication of the amount offered or of the grounds for refusal or, in the case where such communications have not taken place, once the terms provided by law to carry them out have elapsed (30, 60 or 90 days from the request depending on the type of damage, if material damage or personal injury);
• after 120 days from the accident.
In the case of claims managed under the direct compensation procedure, the request for access, if forwarded to the undertaking of the party civilly liable, must be transmitted by it to the undertaking that manages the claim, by giving information to the person concerned. In this case, the 60 days shall start from the date of receipt of the request by the managing undertaking.
In the event of approval, the person concerned must be allowed to access the documents and to extract, at his or her own expenses, a copy within the overall term of 60 days of requesting the access. If these terms have elapsed and the undertaking has not granted access, it is possible to submit a complaint to the undertaking and, in case of negative feedback or unsatisfactory response, to IVASS.
The undertaking may refuse or restrict the right of access when it concerns documents relative to investigations which reveal clues or evidence of fraudulent behaviour; the right of access shall be suspended during the course of the proceedings (art. 146 of the Insurance Code and the Decree of the Ministry of Economic Development no. 191 of 28 October 2008).

MOTOR LIABILITY INSURANCE - COMPENSATION IN CASE OF ACCIDENTS OCCURRED ABROAD

I have had an accident abroad caused by a vehicle with a foreign number plate. To whom should I address to obtain compensation for damages?

• In the event of an accident occurred when travelling abroad (in one of the countries covered by the Green Card System), caused by a vehicle with a foreign plate insured in one of the countries of the European Economic Area (see list on www.ucimi.it), compensation is obtained by sending a request to the "representative" appointed in Italy of the foreign insurance company which has insured the vehicle liable for the accident.
In order to obtain the name and address of the "representative", you should contact CONSAP - Centro di Informazione Italiano - via Yser 14 - 00198 Rome. For any further information about how to send requests, you can consult the website www.consap.it.
• to the foreign insurance company of the party liable for the accident or, if the accident took place in one of the countries covered by the Green Card system and was caused by a vehicle registered in one of the countries covered by the Green Card system but not belonging to the European Economic Area, the claim for compensation may be addressed to the National Bureau of the country where the accident took place only if the vehicle which caused the damage is registered in a State other than that where the accident occurred (the addresses of the various Bureaux are indicated in the UCI (the national bureau) website).

How can I know the name of the foreign insurer of the vehicle which caused the accident, if I only know its number plate? How can I find the claims representative appointed in Italy by the foreign insurer?

If you want to know the name of the foreign insurer of the vehicle which caused the accident and that of the claims representative appointed in Italy by that insurer, you should write to CONSAP Spa - Centro di Informazione Italiano - via Yser 14 - 00198 Rome. For any further information about how to send requests, you can consult the website www.consap.it.
All elements which make it possible to go back to the subjects concerned must be clearly indicated in the requests, i.e. date and place of the accident and data of the vehicles involved (plate of the vehicle of the person liable for the accident, nationality, insurance undertaking of the vehicle which caused the accident, if known). CONSAP gathers the necessary information at the foreign Information Centre and replies to the applicant, indicating the name of the claims representative to whom he or she must address to manage and settle the claim.

Is there a deadline for the foreign insurer or the claims representative appointed in Italy to reply to the claim for compensation?

Three months. If the foreign insurer or the claims representative appointed in Italy do not provide a reasoned reply to the request for compensation within three months of receiving it, you can request the assistance of CONSAP S.p.A. - F.G.V.S. Management - Italian compensation body. For any further information you can consult the website www.consap.it.

MOTOR LIABILITY INSURANCE - COMPENSATION IN CASE OF ACCIDENTS CAUSED IN ITALY BY A FOREIGN VEHICLE

I have had an accident in Italy caused by a vehicle registered abroad. To whom should I address to obtain compensation for damages?

In the event of an accident caused in Italy by a vehicle registered abroad, in order to request compensation for the damages suffered, you must send a letter to UCI - Ufficio Centrale Italiano - Corso Sempione, 39 - 20145 MILANO or, as an alternative, to the Certified Electronic Mail address: uci@pec.ucimi.it. UCI will indicate to you the name of the company appointed for settling the claim. For more information, follow the instructions displayed on the UCI website: www.ucimi.it.

FREE MOTOR LIABILITY INSURANCE POLICIES

I have purchased a new car and I have been offered a free policy, what happens after the period of validity has expired?

If you decide to take insurance with another undertaking or with the same undertaking, this undertaking must assign you a bonus class based on the class you had before you accepted the free policy, taking into account any accidents you have caused during the free insurance period.
For more information, see the letter to the market of IVASS of 19/05/2015 "Investigation on complimentary motor liability insurance policies offered with the purchase of cars".

I have purchased a new vehicle and have been offered a free policy. At the expiry of the free insurance period, can I take advantage of the Bersani Law?

Yes, if prior to accepting the free insurance you met the requirements to take advantage of the Bersani Law, the undertaking must assign you the bonus class reached on a vehicle of your household property, as long as you have not been liable of claims during the free insurance period.
For more information, see the letter to the market of IVASS of 19/05/2015 "Investigation on complimentary motor liability insurance policies offered with the purchase of cars".

MOTOR LIABILITY INSURANCE - SALE OR PURCHASE OF THE VEHICLE

I sold my car and I am not going to replace it. Am I entitled to a refund of the premium paid and not enjoyed?

Yes, in the case of sale of the vehicle, you can ask for the cancellation of the contract by providing documents of the transfer of ownership. In this case you are entitled to a refund of the premium part paid and not enjoyed net of taxes and of the contribution to the National Health Service. If the observation period is concluded, the undertaking makes available to you the certificate of claims experience.

I sold my vehicle and I would like to transfer my policy to a vehicle owned by my son. Is it possible?

No, you can only transfer the motor liability insurance contract to another vehicle of your property.

I am the owner of a vehicle that I am not going to sell or scrap. I have purchased a new vehicle and I am the owner. May I transfer the contract underwritten for the first vehicle to the second one?

No. The existing provisions of law allow the transfer of the contract on another vehicle owned by the insured person only as a result of documented sale or delivery for sale of the vehicle, demolition, permanent export abroad and termination of use of the vehicle with the return of the plates to the P.R.A. (Public Motoring Register).
However, you can conclude a new contract with the assignment of the same bonus class reached on the first vehicle, in accordance with the so-called Bersani Law (Law 40/2007).