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The compensation for the damage caused by the circulation of vehicles is fixed, pursuant to art. 2947 of the civil code, within two years. The deadline negotiations are not subject to this deadline (Co 10 November 1979, No. 5807).
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Also, if the damage caused by the road accident is considered illegal by the legal system and there is the implementation of a longer prescription, this deadline is also provided for civil action. In this regard, however, it is necessary to consider the implementation of the envisaged penalty without taking into account its reduction as an effect of any mitigating factors.
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If the offense has been canceled for reasons that differ from the aforementioned provision and a final criminal provision has been applied, the compensation for damages will be prescribed within two years, starting from the moment in which the offense has been canceled or from the moment in which the criminal provision has become final.
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There is complicity of fault, referring to the circulation of vehicles governed by the paragraph of the art. 2054 of the Italian Civil Code, when in a road traffic accident each of the drivers contributed equally to cause the damage suffered by each individual vehicle.
Along with the complicity of guilt there is also a relevant presumption that, until proven otherwise, implies the attribution of the crimes to several subjects, each of which is connected to a concrete cause of the damage, if it has contributed to determine a situation for which without the the accident itself would not have happened.
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It is assumed that every single driver, with the same fault and to the same extent, caused the damage caused by the road accident. In this sense, by virtue of the principle of complicity of fault of the subject who suffered the damage pursuant to art. 1227 of the Italian Civil Code, each driver will compensate for half the amount of damage suffered by the other and be subject to a reduction of the right to compensation for damages to the same extent.
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The complicity of guilt of the drivers, ex art. 2054, only occurs in the case of an accident between vehicles, and applies only in the event that the outcomes do not effectively allow to ascertain to what extent the conduct of the two drivers has determined the damage.
Also, even when the guilt of only one driver is ascertained, the other will surely not be immediately dissolved by the accusation of co-responsibility, because he must prove that he has been careful to consider all the legislative provisions on traffic and those relating to road caution and prudence. (Co 7.2.1997, n.1198, Co 26.10.1992, No. 11610).
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Our legislative system provides for the principle of solidarity, so that even the driver who has considered all the legislative provisions on circulation, must take action to ensure that the accident is in all ways dodged, or at least reduced.
The accusation of equal complicity occurs even if one of the vehicles has not been damaged and involves both the entity of the fault and the nature of the harmful consequence.
The CID is the friendly acknowledgment of an accident foreseen by the Convention for the direct reimbursement, drawn up and signed by the two drivers of the vehicles and with which they reject the payment procedure foreseen by the art. 3 of Law 39/77.
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The CID can be adopted if the accident only causes damage to the vehicles, and its main purpose is to make fast and immediate payments concerning the damage that have been caused to the two vehicles, facilitating the achievement of the related compensation on the part of the injured person who is totally or partially not responsible for the accident.
The Convention prescribes the obligation of each competing company to provide, within the established terms, the compensation for damages that its insured suffered as a result of an accident to be attributed in whole or in part to an insured person for the same risk different competitor company.
Any company that conforms to the Convention works as a representative of any other, recognizing to its insured parties the compensation due by way of and through the insurance of the manager, who is obliged to repay the sum paid.
To implement the procedure provided for by the Convention, it is important that there is a road accident caused by the impact of no more than two vehicles, both established, and with compulsory insurance of civil liability pursuant to Law 990/69 and subsequent amendments, with insurance in one of the competing companies, excluding scooters and tractors; likewise, that no damage to persons or objects occurs during the accident.