What to do at the scene of a crash

A minor road accident with no injuries is the most common scenario Ukrainians in Italy run into: a bump in a parking lot, a knock at an intersection, a rear-end tap in traffic. The first minutes after the collision decide how smoothly the insurance settlement goes later, so it pays to act in a set order rather than improvising.

First, stop the car, switch on the hazard lights and, if it is safe, place a warning triangle behind the vehicle. Italian law requires drivers to secure the safety of the road before dealing with paperwork. If there is even the slightest suspicion of an injury — even a mild one, even to a passenger — call the single emergency number straight away rather than judging anyone's condition yourself.

If nobody is hurt and the damage is limited, this is exactly the situation the simplified procedure without police was designed for. But before signing anything, it is worth recording the scene: the position of the vehicles, braking marks, road signs, weather conditions. A phone camera is a driver's first and most important tool here.

One thing worth remembering: if a person involved appears to be under the influence of alcohol or drugs, if a driver flees the scene, or if the damage also affects third-party property — a fence, a shop window, road infrastructure — the simplified procedure no longer applies, and you need to call the police for an official report.

The friendly report: constatazione amichevole di incidente

In Italy the two-sided accident form is known as modulo CAI (Convenzione tra Assicuratori per l'Indennizzo diretto) or constatazione amichevole di incidente — essentially the same friendly-report form familiar from other EU countries. It is usually kept in the glove compartment with the insurance policy; if missing, a copy can be requested from the insurer.

The form has two identical parts — one for each driver — and a series of numbered fields: date, time and place of the accident, drivers' and owners' details, insurers' details, a sketch of the collision, a list of the damage and, most importantly, a box marking the circumstances (who was driving straight, who was turning, who was stopped at a light). These marks are exactly what the insurer later relies on to decide who was at fault.

The most common mistake is filling in the sketch in a hurry without agreeing on it with the other driver, or leaving the circumstances boxes blank because they seem a formality. The second is signing without reading what the other party wrote, especially when a language barrier makes it hard to agree on every detail.

The key rule. Both drivers' signatures on the modulo CAI turn the document into a recognised bilateral agreement: the insurer relies on it, not on verbal explanations given later. If you disagree with how the other driver described the circumstances, do not sign the form as it stands — it is better to add a written note in the relevant field, or to abandon the simplified procedure and call the police instead.

Call the police whenever the other party refuses to sign, when the two accounts differ, when a car may be uninsured, or when the damage looks more serious than it first appears. Depending on location, the Polizia Stradale (motorways, outside built-up areas), the Carabinieri (where no traffic police are nearby) or the Polizia Locale (within a municipality) may attend. Whichever arrives, the verbale they draw up becomes the key evidence in a disputed case.

A copy of the report can usually be obtained later from the relevant police station, either in person or in writing, by stating the case number, date and place of the accident.

Photos, witnesses, the other driver's details

Even when the friendly report is signed without argument, evidence gathered at the scene remains a safety net in case the other insurer later disputes the circumstances. A minimum set of photographs: the scene from two or three angles, the vehicles' position relative to each other, both number plates, close-ups of the damage, road signs and markings and, where available, nearby surveillance cameras.

Witnesses matter most when circumstances could be read more than one way: who had right of way, who was slowing down, who crossed into the oncoming lane. A name, a contact number and a couple of sentences about what was seen are enough; a signed statement on the spot is not usually required, and the insurer or a lawyer will contact the witness later if needed.

About the other driver, record: first and last name, driving licence number, policy number, insurer's name, phone number. If the driver is not the car's owner, note the owner's details too — this matters if the case has to be checked through the PRA vehicle register or handled with the owner's insurer.

Foreigners who recently arrived in Italy should also remember their own documents: a valid driving licence (we wrote in detail about exchanging a Ukrainian licence in our article on exchanging a driving licence), third-party motor insurance and the vehicle's registration document. A driver at fault lacking valid documents does not release their insurer from liability, but it makes the process slower and more complicated.

How to file a claim for compensation

When no one is hurt and fault is established — for instance, through a signed friendly report — the Italian system applies risarcimento diretto, direct compensation paid by the injured driver's own insurer rather than the at-fault driver's insurer. The injured driver contacts their own company, which assesses the damage and pays the compensation, then settles accounts with the other insurer under rules agreed between insurers.

The claim must be filed within the period set out in the policy terms and in insurance law — the exact number of days is stated in your contract and on the insurer's website, so it is far more reliable to check it there than to rely on memory or someone else's experience. Delaying the claim is one of the most common reasons a payout is held up.

The claim should include: a copy of the friendly report or police report, photographs, the other driver's and their insurer's details, the vehicle's documents and, if needed, bank details for the transfer.

Once the claim is registered, the insurer appoints a perizia — a technical inspection carried out by the insurance company's own expert. The car may be inspected at a service centre or directly where you are, depending on the extent of the damage. The expert's findings become the basis for the amount the insurer will later offer.

Damage assessment and the insurer's offer

Based on the inspection, the insurer draws up an offer: the cost of repair (or the difference between the car's market value before and after the accident, if repair is not worthwhile), plus, where applicable, extra items such as towing, a replacement car for the repair period or lost earnings, provided these can be documented.

The driver can accept the offer or raise a reasoned objection. A common situation is the insurer valuing repair below the real cost of parts and labour. In that case, submit a detailed estimate from the body shop and, if needed, turn to an independent expert.

Do not rush to sign the full-and-final receipt. If the offer looks too low, signing the document that closes the case for good usually rules out claiming a top-up later, even if hidden damage turns up afterwards. Check the estimate carefully and, in complex cases, take advice from a lawyer before you sign anything.

If the damage turns out deeper than it first appeared — for example, once the bumper is removed, damage to the body or suspension comes to light — report this to the insurer in writing, with a request to extend the inspection, rather than accepting the initial figure just to speed things up.

When liability or the amount is disputed

Not every case closes peacefully on the first terms offered. Sometimes the insurer refuses liability altogether — for instance, if the friendly report was filled in inconsistently or the drivers' accounts differ. Sometimes the offered amount stays too low even after an objection. Italian law offers several routes before a case ever reaches court.

The first option is usually negoziazione assistita — a settlement procedure involving lawyers for both sides, a mandatory step before going to court in many civil disputes. Alongside it, or instead, mediazione may apply — mediation with an independent mediator aimed at a compromise without a court hearing.

If these routes fail, the case moves to court: for smaller claims, the giudice di pace; for larger or more complex ones, the tribunale. Court proceedings call for a formal claim, a body of evidence (the same report, photographs, expert findings) and, as a rule, representation by an advocate, since self-representation without fluent legal Italian is practically impossible for a foreigner.

This is exactly the stage where the lawyer-plus-advocate model works best. The client tells the lawyer what happened in plain language, with no legal terminology and no fear of phrasing something wrong. The lawyer turns the situation into the language of a formal claim, frames the demands, gathers evidence in a form that carries weight in court, and directs the advocate's work toward the client's real interest — not simply "winning the case," but recovering a specific sum for specific losses. The lawyer also keeps control of the case: tracking deadlines, checking the advocate is genuinely moving things forward, and keeping the client informed in Italian and Ukrainian at once.

We described in more detail how the lawyer and advocate work together in an Italian court case in a separate article on court proceedings in Italy — the same principles apply here: the client should understand every step, not just sign documents whose content was never explained.

How the Dorosh & Partners team helps

An accident with no injuries seems trivial — until the insurer undervalues the claim, the other driver disputes the circumstances, and the police report contradicts what the client remembers. It is exactly at these friction points that people lose compensation they were entitled to from the start.

The most common way to lose money is not insurer fraud but ordinary carelessness at the paperwork stage: a sketch filled in carelessly, a signature under a version of events the driver did not actually agree with, missing photographs. Fixing such mistakes after the fact is far harder than avoiding them at the outset.

We help at every stage: we check an already-completed modulo CAI before advising whether to sign it; we prepare and file the risarcimento diretto claim within the policy deadline; we translate and explain every document the insurer sends — from a request for clarification to the final offer; we compare the offer with the real cost of repair and, when needed, bring in an independent expert.

If the insurer undervalues the compensation or refuses liability altogether, we prepare a reasoned objection, negotiate on the client's behalf and, when the case cannot be resolved peacefully, guide the move to negoziazione assistita, mediation or a court claim — the same lawyer-plus-advocate principle described above: the client talks to us in plain language, we take responsibility for every step being done correctly and on time.

It is especially important not to miss the deadline for filing the claim — this is exactly where foreigners most often lose a case before it is even considered on its merits. We take charge of tracking deadlines from the first day of contact, and we also support related questions of staying in Italy through our migration services section; book a consultation right away and we will go through your situation together.

If the police report or the official accident record has not been issued yet and the insurer is already asking for documents, we help arrange an official request for a copy — more on how that works can be found in our material on requesting copies of documents, prepared for situations exactly like this one.

Frequently asked questions

Can an accident be reported without the police if it is hard to communicate with the other driver in a foreign language?

Yes — where there are no injuries and both sides agree on the circumstances, the friendly report can be filled in and signed without the police. If a language barrier makes it hard to be sure what the other driver is writing, spend extra time with a translation app, or, if in doubt, call the police rather than sign a text you do not fully understand.

What happens if the other driver refuses to sign the friendly report?

In that case the simplified procedure does not apply. Call the police — the Polizia Stradale, the Carabinieri or the Polizia Locale, depending on location — and wait for an official report, which later becomes the main evidence for the insurer.

Can I still get compensation if the friendly report has mistakes in it?

Mistakes in the form make a case more complicated, but do not always take away the right to compensation. The insurer weighs the whole body of evidence — photographs, witness accounts, damage details. The fewer contradictions, the faster and more fully the payout usually goes through.

How long does it take to receive the compensation?

Deadlines are governed by the insurance contract and Italian insurance law, and vary depending on how complex the case is, how complete the documents are, and whether liability is disputed. Check the exact deadline in the terms of your policy rather than going by someone else's experience.

Do I need an advocate if the insurer is just slow to respond?

Not always. During correspondence with the insurer and while filing objections, legal support without formal court representation is often enough. An advocate becomes necessary once the case moves to negoziazione assistita, mediation, or a claim before the giudice di pace or tribunale.

An accident with no injuries rarely feels serious at the moment it happens — but small oversights at the scene and in the first few days afterwards most often cost clients part of the compensation they were entitled to. Careful completion of the friendly report, a full set of evidence and a timely claim remain the best protection, and, in disputed cases, consistent legal support from the first call to the final decision.

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