Absence of claims history statement: recommendations for undertakings

Category

Undertakings

Description

Foreword

IVASS has received reports of cases where claims history statements relating to motor vehicle liability policies have not been issued or where, at the time of taking out the compulsory motor vehicle liability insurance contract, the claims history statement was not available in the Claims History Statement Database (BD‑ATRC) maintained by ANIA, or was completely absent.

In this context, also in light of the mandatory nature of motor vehicle liability insurance, IVASS believes it useful to provide some operational guidelines and draw the attention of undertakings to the need to adopt conduct that complies with the obligations of fairness and good faith towards customers for the purposes of correctly reconstructing the policyholder's insurance position and the consequent determination of the bonus class.

1. Statement not present in the Claims History Statement Database

If, at the time of signing the motor vehicle liability insurance contract, the claims history statement is not present in the BD‑ATRC for any reason, undertakings are invited to electronically acquire the latest valid statement available in the BD‑ATRC. To correctly determine the previous claims history and assign the bonus class for the period not covered in the statement, undertakings are invited to request from policyholders any information useful for reconstructing their insurance position, drawing their attention to the consequences of any incorrect or incomplete declarations pursuant to Articles 1892 and 1893 of the Italian Civil Code.

2. No statement available and impossibility to retrieve it

If no valid statement is found in the BD‑ATRC and it is not possible to obtain such statement via electronic channels from previous undertakings, the latter are invited to request the information referred to in point 1 from the policyholder with reference to the entire previous five-year period.
The undertaking may also obtain previous paper statements, copies of contracts, or other useful documentation that may be provided by the policyholder.

3. Information to policyholders

Should it be necessary to take out motor vehicle liability insurance without a claims history statement, we draw the undertakings' attention on the importance of ensuring that the policyholder is clearly informed of the reasons for requesting substitute declarations, the consequences of incorrect or incomplete declarations pursuant to Articles 1892 and 1893 of the Italian Civil Code, and the elements used to determine the bonus class assigned.

issue date

6 February 2026