Road Accident in Italy: Compensation for Foreign Nationals

A person injured in a road accident in Italy may claim compensation even if they are a foreign national or live abroad. Nationality alone does not remove this protection: the key issues are where the accident happened, who was responsible, what damage was suffered and whether the applicable procedures and deadlines are respected.

The LexFocus video outlines the first steps to take, who may bring a claim and why evidence should be preserved immediately. This guide explains the process for obtaining road accident compensation in Italy, with particular attention to tourists, students, workers and families living outside Italy.

The right to compensation does not depend on nationality

When an accident occurs in Italy, the claim is normally assessed under Italian rules on civil liability and compulsory motor insurance. A foreign national may be protected as a driver, passenger, pedestrian or cyclist, provided that the accident, the damage and the causal link between them can be proved.

In a cross-border case, it is especially important to identify the applicable law and the correct recipient of the claim. The European Commission notes that compensation rules and limitation periods differ between countries and that, in principle, the law of the country where the accident occurred determines the applicable time limits.

What losses may be compensated?

The assessment always depends on the individual case. Where supported by evidence, a claim may include:

• personal injury and temporary or permanent impairment;
• pain, suffering and adverse effects on daily life;
• medical, rehabilitation, care and travel expenses;
• loss of earnings or reduced earning capacity;
• damage to the vehicle and other property;
• in the most serious cases, losses suffered by relatives following the victim’s death or severe permanent disability.

There is no automatic amount that applies to every victim. Medical records, proof of expenses, income evidence and, where necessary, medico-legal and technical assessments are needed.

Who may bring the claim?

The person directly injured may bring the claim even if they are not resident in Italy. In the event of death or particularly serious injury, relatives may also have their own rights, including a spouse, children, parents and, in certain circumstances, a cohabiting partner or other close family members. Each person’s position must be assessed according to their relationship with the victim and the loss they actually suffered.

What to do immediately after the accident

1. Protect people and request assistance. If anyone is injured, call the emergency services and obtain a medical examination even when symptoms initially appear minor.
2. Document the scene. Photographs, videos, vehicle positions, registration plates, road signs, road conditions and witness details may later be decisive.
3. Ask the authorities to attend. A police report helps reconstruct the accident. Where possible, the drivers may also complete the C.A.I. accident statement form.
4. Keep every document. Medical reports, certificates, prescriptions, receipts, invoices, repair estimates and evidence of lost working days should be stored carefully.
5. Identify the vehicles and insurers. Record the registration plate, driver, owner and insurance company.
6. Do not sign an agreement you do not fully understand. A receipt or settlement may affect the right to claim additional compensation.

Italy’s insurance supervisor, IVASS, advises victims to report the accident and attach the C.A.I. form to the compensation request, sending it either to their own insurer or to the responsible party’s insurer according to the procedure that applies.

Which insurance company should receive the claim?

Italy’s direct compensation procedure applies only when the statutory conditions are met, generally including an accident involving two identified vehicles that are insured and registered in Italy. If more vehicles are involved, a foreign vehicle is involved, the injuries are serious or another special situation applies, the claim is normally addressed to the insurer of the vehicle considered responsible.

The request should describe the accident accurately, identify the people and vehicles involved and include evidence of the losses. The official IVASS motor insurance FAQs explain the minimum information required and the distinction between the direct and ordinary procedures.

Uninsured or unidentified vehicles

If the responsible vehicle is uninsured, cannot be identified or falls within another situation covered by the Italian Insurance Code, the Guarantee Fund for Road Accident Victims, managed by Consap, may intervene. The procedure, covered losses and any restrictions vary depending on the circumstances, so the correct designated insurer and required documents must be identified carefully.

Pay close attention to limitation periods

For damage caused by the circulation of vehicles, Article 2947 of the Italian Civil Code generally provides a two-year limitation period. Different rules may apply if the facts constitute a criminal offence with a longer limitation period. Interrupting acts and the specific circumstances also affect the calculation.

Deadlines should never be estimated informally. Prompt action is sensible because photographs, witness recollections and other evidence may disappear over time.

Can the case be handled from abroad?

In many cases, yes. An injured person or family member living abroad may appoint a lawyer in Italy and handle the collection of documents, communications with the insurer and negotiations remotely. A power of attorney, translations or other formalities may be required. Whether the claimant must attend in person depends on how the case develops and whether court proceedings become necessary.

Why specialist assistance may be useful

An accident with international elements may require coordination among lawyers, medico-legal experts, technical specialists, translators and relatives living in different countries. An experienced professional can assess liability, identify the correct insurer, value all recoverable losses and review a settlement offer before it is accepted.

Key points

• a foreign national may claim compensation for an accident that occurred in Italy;
• evidence, medical records and insurance details should be collected immediately;
• the correct recipient of the claim depends on the type of accident and the vehicles involved;
• the Guarantee Fund may intervene in the situations provided by law;
• the ordinary limitation period for road traffic damage is two years, but every case must be checked individually;
• the matter can often be managed even when the claimant lives abroad.

This article is provided for general information only and does not replace legal advice on an individual case. Information checked on 25 July 2026.