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Compensation is also included in the compensation: the granting of goods identical to those damaged, the restructuring of the damaged property and the elimination of all that has happened illegally.
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Instead, the bonus-malus is the obligatory premium in the form of a balance, which is admitted to the insured person taking into account any risks that may occur.
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The lower the compensation deriving from the obligation, the greater the amount the insured person receives.
The categories of merit are 18, the most fruitful is the 1, the less fruitful is the 18. Generally those who stipulate, for the first time, an insurance contract is included in category 13, which is reduced by one unit (Bonus), for every year that passes without causing accidents; on the contrary, the category is increased by 2 units (Malus).
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While, what is the guarantee fund for victims of road accidents, established under Articles. 19 and following of Law 990/69, is an institute that guarantees
protection and social support by virtue of law n. 990 of 1969, as well as the liability insurance obligations.
By virtue of art. 19 of Law 990/69, this institution provides for compensation for damages caused by unidentified road or sea cars or those traveling without insurance, or with insurances with institutions in economic distress.
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In the first case, compensation is only required for damage to the physical individual; in the second case, pursuant to art. 19 of Law 990/69, the compensation is applied for the damage to the physical individual and to objects whose sum is higher than the equivalent in lire of 500 ECU, ie for the part that exceeds this sum.
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In the third case, compensation is required for damages caused to the individual and to things. This body has an obligation of a compensatory nature, in the sense that it takes the place of the person who caused the damage, since there is no link between that entity and the person responsible for the accident.
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The external activity of the institution is implemented by various insurance companies present in the territory in which the incident occurred, prepared by decree of the Ministry of Industry, Commerce and Crafts published in the Official Journal, and to which it is attributed obligation to reimburse the damages and pay the relative amounts for the entitled subjects.
The company prepared to make such a payment, by regional territory or group of regional territories, is reimbursed by the entity of the sums paid.
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The damage from standstill, while, is a damage that is added to that caused to the car, and that corresponds to the non-use of the car that is forced to remain still because of others.
Such damage may be emerging or a loss of earnings. In the first hypothesis, the lack of use of the car forces the owner to pay money; in the second hypothesis, such payment of money takes place in the case in which, due to the non-use of the vehicle, damage to the property of the owner of the same is determined. For the indemnity one must, while, distinguish between real catch and technical stop. The first involves the period of time when it was not possible to circulate because the car was damaged.
The second involves the period of time necessary to repair the car damaged by the accident; such damage can also be distinguished as emerging damage caused by the money used to rent another car waiting for the damaged one to be repaired.
This expense can only be verified by the person entitled and can be reimbursed only on the basis of the period of time necessary to restore the damaged vehicle.
The Court, even if it has included the compensation for the damage due to technical arrest, does not consider it as a mechanical consequence of the accident, as it is useful that there is a proper assessment, both about the unusability of the car with regard to the arc of time in which it has been impossible to use it, is about the impossibility to use the car for the owner who needs its use (Co 19.11.1999, No. 12820).