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Pursuant to art. 19 of Law 990/69, such an institute deals with the reimbursement of damages caused by vehicles or boats in circulation that are not identified, or without insurance, or with insurance in companies in financial crisis, or in situations of obligatory payment or are placed in following.
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In the first circumstance, that is when there was no identification of the vehicle, the refund is only required for damage to the physical person.
When the vehicle is uninsured, according to art. 19 of Law 990/69, such Institute reimburses the damage to the physical entity and to objects whose amount exceeds the sum of 500 ECU, or the part that exceeds such amount.
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In the third thing, when the insurance company is in an obligatory payment situation, the reimbursement is requested for damages to the physical subject and to the objects.
The obligation of such an institute is compensatory: that is, it takes the place of the person who caused the damage, since there is no solidarity relationship between the Institute and the person responsible for the accident.
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The external action of the Institute is carried out by various insurance companies, with professional experience in the area connected to the place where the accident occurred, established with the Ministry of Industry, Commerce and Crafts to be presented in the Official Gazette , and which is assigned the obligation to compensate damages and pay the related sums for those entitled to it.
The company appointed, by regional territory or group of regional territories, carried out the liquidation, is reimbursed by the Institute of the amounts paid.
What does standing damage mean?
For damage to a stationary means an additional damage to that produced to the vehicle: it concerns in fact the damage that coincides with the non-use of the vehicle voluntarily stopped by means of others.
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The damage to a stationary station can be an emerging damage or a loss of profit: the first circumstance occurs when the non-use of the vehicle obligates the holder to pay money, instead in the second circumstance the payment occurs when, due to the non-use of the vehicle, a loss of assets of the owner of the same is determined.
For compensation, on the other hand, a distinction must be made between real detent and technical detention.
The real one concerns the whole period in which the vehicle circulation due to the accident was not possible.
The technical one while it covers the whole period useful to repair the damage following the accident.
The technical stop can also be characterized as emerging damage caused by the money spent for the rental of another vehicle replaced with the one being repaired, for the period useful for its re-use. Such money spent must be ascertained by the person entitled to it and reimbursable only with respect to the time necessary for the restoration of the damaged vehicle.
The Court of Co, although introducing the reimbursement of damage caused by technical restraint, does not actually evaluate it as a mechanical effect of the accident, because it requires above all verification, concerning both the non-use of the vehicle in relation to the period in which it could not be used by the owner, and the inability to use the vehicle for the owner who instead needs to use it ().
When is the reimbursement of the damage caused by the circulation of the cars established? The reimbursement of the damage caused by the circulation of the cars is established, according to the art. 2947 of the Italian Civil Code, within two years.
The negotiation of a good-will draft (Co 10 November 1979, No. 5807) has not been terminated. Moreover, when the accident that caused the damage is foreseen by the law as illicit and a more prolonged provision is prescribed for the offense, this is also approached to the civil action. For the disposition of the right to reimbursement of damage deriving from an offense, it is necessary to pay attention to the sentence established without considering the reduction of the sentence following the allocation of general mitigating situations.
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If the offense has become extinct due to a different reason than the prescribed provision or if there has been a final criminal jurisdiction, the reimbursement of the damage is prescribed within two years, starting from the day on which the offense expired or from the day in which the judicial decision has become final.