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Alex Musk

Car insurance: the concurrence of negligence reduces compensation

In the event of a fatal road accident, car insurance recognizes compensation for the damage to the relatives of the victim. But what happens when the victim bears responsibility for the accident?

A ruling by the Court of Cassation affirmed a very important principle when it comes to car insurance policy numbers. According to the judges, the compensation payable to the relatives of the victim of a road accident should be reduced taking into account the shared fault of the deceased person.

Contest of fault and compensation for damages

According to the provisions of sentence no. 4208/2017 pronounced by the Court of Cassation, the compensation allowance in the event of a fatal accident must take into account the concurrence of the victim's fault.

The judges reached this conclusion by analyzing both previous jurisprudence and existing rules. In particular, it is worth noting what is stated in article 1227 of the Civil Code. This article governs the "culpable concurrence of the creditor" and states:


If the culpable act of the creditor has contributed to causing the damage, the compensation is reduced according to the gravity of the fault and the extent of the ensuing consequences.

This means that, in the event of a road accident, the relatives of the victim are entitled to compensation for the damage, but in determining the amount of compensation, the victim's behavior and the seriousness of his or her fault must be taken into account.

Principle of causality and compensation for damage by law

In cases of this type in law, we speak of the principle of causality. According to this principle, whoever caused the damage cannot also take on the part of the damage that did not depend on his behavior but on that of others. Hence the decision of the judges to relate the extent of the compensation to the extent of the fault of the person who caused the accident.


In legal terms, the compensation is divided into two parts: compensation for damages, due to the relatives of the victims following the loss of a loved one, and compensation for damages, those suffered by the victim and inherited by family members.

According to the Supreme Court judges, both types of compensation must be reduced in proportion to the fault of the deceased in the event of the victim's guilt.


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