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Article Italy: Mandatory Civil Liability Insurance for Motor Vehicles Expanded

On December 28, 2023, Legislative Decree (L.D.) No. 184 of November 22, 2023, implementing European Union (EU) legislation requiring expanded mandatory civil liability insurance for motor vehicles entered into effect in Italy.

The new law sets forth the rules necessary to adapt the Italian legal system to the provisions of Directive (EU) 2021/2118 of the European Parliament and of the Council of November 24, 2021, concerning civil liability insurance for motor vehicles and enforcing the obligation to acquire it. (L.D. No. 184, art. 1(1).)

Expansion of the Definition of Vehicles Subject to Mandatory Liability Insurance

L.D. No. 184 amends the current Traffic Code, contained in L.D. No. 285 of April 30, 1992, to include mandatory civil liability insurance for “any motor vehicle intended to travel on the ground, and which can be operated by mechanical force, without being connected to a railway track, as well as trailers, even if not attached to a tractor.” (Art. 1.1(a).) To that effect, the definition of vehicles requiring compulsory civil liability insurance has been expanded to include any motor vehicles powered exclusively by mechanical force running on the ground but not on rails, with a maximum design speed greater than 25 kilometers per hour or a maximum net weight exceeding 25 kilograms and a maximum design speed exceeding 14 kilometers per hour. (Art. 2(1)(a)(2), replacing art. 1, para. 1(rrr) of the Insurance Code, contained in Legislative Decree No. 209 of September 7, 2005.)

All vehicles conforming to the aforementioned definition are subject to the insurance obligation for civil liability toward third parties if the vehicle was used as a means of transportation at the time of the accident. (Art. 2(1)(c)(1), replacing the first para. of art. 122 of the Insurance Code.)

Insurance for Damage by a Vehicle Registered in Another EU Member State

The legislation requires mandatory insurance for vehicles shipped to Italy from another EU member state, even if the vehicle has not been formally registered in Italy. (Art. 2(1)(a)(1), substituting art. 1, para. 1(fff)(4-bis) of the Insurance Code.)

Application Enabling Public Estimate for Motor Vehicle Insurance

The Ministry of Enterprise and Made in Italy has made available an online “Estimator for Comparing Motor Insurance Prices” (Preventivass) allowing the comparison, free of charge, of prices, tariffs, and contractual conditions of insurance policies for the coverage of compulsory civil liability insurance for motor vehicles. (Art. 2(1)(g), replacing art. 132(1) of the Insurance Code.)

Insurance companies may not treat policyholders in a discriminatory manner or increase premiums on the basis of their nationality or solely on the basis of their previous member state of residence. (Art. 2(1)(i)(1), replacing art. 134, first para. of the Insurance Code.)

Rights of Injured Parties to File Claims Against the Guarantee Fund for Road Victims

In addition to filing their claims against the respective insurers, persons injured by vehicles insured by companies with registered offices in Italy may file their claims against the Guarantee Fund for Road Victims. (Art. 2(1)(s), replacing art. 288(1) of the Insurance Code.) The Guarantee Fund is responsible for compensating Italian residents for personal or property damage resulting from accidents occurring in another EU member state if the insurer is subject to a liquidation or another equivalent procedure, regardless of the determination of the insurer’s state of insolvency. (Art. 2(1)(z), adding para. 1-bis to article 297 of the Insurance Code.) If the vehicle responsible for an accident in Italy is habitually based in another EU member state, the Guarantee Fund may submit a request for compensation against the company designated in the member state in which the vehicle is usually based. (Art. 2(1)(s).)

Dante Figueroa, Law Library of Congress
January 29, 2024

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Figueroa, Dante. Italy: Mandatory Civil Liability Insurance for Motor Vehicles Expanded. 2024. Web Page. https://www.loc.gov/item/global-legal-monitor/2024-01-28/italy-mandatory-civil-liability-insurance-for-motor-vehicles-expanded/.

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Figueroa, D. (2024) Italy: Mandatory Civil Liability Insurance for Motor Vehicles Expanded. [Web Page] Retrieved from the Library of Congress, https://www.loc.gov/item/global-legal-monitor/2024-01-28/italy-mandatory-civil-liability-insurance-for-motor-vehicles-expanded/.

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Figueroa, Dante. Italy: Mandatory Civil Liability Insurance for Motor Vehicles Expanded. 2024. Web Page. Retrieved from the Library of Congress, <www.loc.gov/item/global-legal-monitor/2024-01-28/italy-mandatory-civil-liability-insurance-for-motor-vehicles-expanded/>.