A single national table to determine the extent of macro-injuries and micro-injuries and more stringent rules for compensation for damages: these are the main changes brought about by the Competition Bill.
With the entry into force of the Competition Law, the rules for the compensation of damages suffered in the event of a road accident change. These are more stringent rules, which have the dual purpose of fighting fraud and providing unified parameters at the national level.
Car insurance: the single national table for compensation arrives
The law introduces the single national table for compensation. For the moment it concerns only the Macrovision, that is the lesions that involve a disability between 10 and 100 points. Thanks to the table it will be possible to determine the amount of compensation immediately, also taking into account the age of the injured person.
Subsequently, a single table will also be drawn up for micro-injuries, those involving a percentage of disability of less than 10%. Both tablets will be updated annually by ISTAT so that the parameters for calculating compensation in the event of an accident are linked to the trend in inflation.
This system will make it possible to overcome geographical differences, ensuring equal compensation in every area of Italy.
In the case of minor injuries, then, the law requires that the damage be ascertained by objective clinical examinations. Without these tests, permanent biological damage cannot be ascertained.
Car insurance and compensation for damages: the role of judges
The judges will in any case be able to increase the amount of compensation set by the single national table. The maximum increase can be 30% for macro-injuries and 20% for micro-injuries if, respectively, the judge ascertains that the accident caused an injury to the person’s relational dynamics or intense psychophysical suffering.
Another novelty introduced by the Competition Law concerns the procedure for appealing to the judge if the sun coast insurance company does not propose compensation following an accident. Those who have suffered the accident can appeal to the judge in two cases:
- After the company has communicated the conclusive determinations of the accident;
- After at least 60 days have passed since the suspension of the procedure.