Injured as a passenger in Italy: starting a claim
You were not driving, but the correspondence is all about which driver caused the accident. As an injured passenger, you need your own claim to be identified. Start with the vehicle you were travelling in, its insurer and the evidence of your injury.
Avv. Luca Valente · 14 October 2026
English · Deutsch
The passenger’s claim is separate from the driver’s repair file
A reference supplied by the driver, a rental company or a taxi operator may concern damage to the vehicle. Ask whether you have been recorded as an injured claimant, what the reference covers and who is handling your request. Keep your correspondence and medical records together.
The passenger
Your position in the vehicle, injury and individual losses.
The vehicle carrying you
Registration, driver, owner or operator and insurer at the accident date.
Other vehicles involved
Registrations, insurance details and how each vehicle was involved.
Article 141 of the Italian Insurance Code provides a specific route against the insurer of the vehicle carrying the passenger, subject to its statutory conditions and the exception for caso fortuito. The Supreme Court has clarified that the other driver’s negligence does not, by itself, fall within that exception; it concerns causal factors external to road circulation. Within the statutory minimum limit and subject to the rules for multiple victims, this route operates without first establishing the drivers’ respective responsibility. The provision also addresses recovery of additional damage from the responsible party’s insurer where its cover exceeds that minimum. See Article 141 in the Insurance Code published by IVASS (PDF).
Check how many vehicles were involved
- At least two vehicles involved
- The Article 141 passenger route needs examination. Physical contact between the vehicles is not necessarily required.
- Only one vehicle involved
- Do not assume Article 141 applies. The ordinary direct claim against the responsible party’s insurer under Article 144 must instead be considered.
The Supreme Court’s Joint Divisions explained this distinction in judgment 35318/2022, summarised in the Court’s official annual civil-law review (PDF). A single-vehicle accident does not mean that an injured passenger has no potential claim; it means that the basis of the claim needs to be identified correctly.
Example: another vehicle forces the car off the road without touching it
The absence of a collision does not, by itself, settle whether another vehicle was involved. Record what happened, any reliable identifying details and the witnesses or recordings available. The account and supporting evidence need assessment; describing another vehicle is not the same as proving its involvement.
This is an illustrative routing example, not a finding of responsibility.
Foreign plates or missing insurance need a separate check
If the vehicle carrying you or another involved vehicle was registered abroad, record the country and registration accurately. Do not select an insurer solely because its brand looks familiar, and do not assume that every cross-border arrangement follows the same procedure. Use the guide to choosing the recipient to distinguish the insurer, UCI and any representative in your country.
The vehicle was uninsured, or another vehicle cannot be identified
Identify which vehicle has the insurance or identification problem: the one carrying you, another involved vehicle, or both. That distinction matters. Check the applicable route before sending the claim; the guarantee-fund guide explains its categories and limits. It does not replace an assessment of the passenger route in the particular accident.
Keep a record of your own position and losses
- Your journeyVehicle details, seat occupied and any relevant booking, ticket or journey confirmation. These help identify the journey; they are not a universal requirement for every passenger.
- The accident accountWhat you personally saw, where you were and any relevant photographs or witness contacts.
- Your treatmentEmergency records, examinations, prescriptions and follow-up care, including treatment after returning home.
- Your financial lossInvoices, payment evidence, assistance costs and documents showing any actual earnings loss.
Describe yourself accurately in the accident paperwork. If you were a passenger, do not describe yourself as an independent roadside observer. Keep an existing signed form intact if an entry is wrong, and provide a separate explanation. See the evidence guide for handling incomplete or mistaken records.
For the distinction between injury, expenses and earnings, read what goes into a compensation claim. If you have returned abroad, use the continuing-care and assessment guide.
Make the next step clear in writing
- IdentifyThe applicable route
Vehicle involvement, insurance and the capacity in which you are claiming.
- SubmitYour own evidence
A clear request with the required information and proof of delivery.
- ReviewWhat remains outstanding
Further treatment, documents, any offer and the relevant deadlines.
Do not wait indefinitely for the drivers to agree about responsibility before checking your position. Equally, do not read a general reference to a 90-day injury timetable as a guaranteed payment date. The deadlines guide distinguishes completeness of the request, the insurer’s response and preservation of the right.
The driver says the claim is settled. Does that settle mine?
Establish what was actually agreed, by whom and in what capacity. Ask for confirmation of whether the agreement concerns vehicle damage, the driver’s injury or your own claim. Do not infer the effect on your rights from a brief message saying “the accident is settled”. If you signed or authorised someone to act, the documents need review.
Before accepting your own offer, check the breakdown and the scope of the proposed release.
What to include in an initial enquiry
Use the contact form to give the accident date and place, your country of residence, which vehicle you were in, how many vehicles were involved and what is known about their insurance. Mention continuing treatment, any offer and any approaching deadline. Wait for instructions before sending medical records.
General information for accidents in Italy, not confirmation of a particular claims route or entitlement. An enquiry does not create a professional engagement or mean that a deadline has been accepted.