Surely you have heard of guilt and you are surely wondering what you are going to face and what you should know before making any move, legal or not. If so, you are in the right place!
Contest of blame: what is it?
The road competition is nothing more than mutual (or multiple) responsibility within a road accident. In other words, the fault of the road accident is not only one of the cars involved but involves both (or more) of the vehicles in question. This type of liability is discussed in article 2010 of the Civil Code on the circulation of vehicles and it is actually mentioned that the concurrence of fault is the first presumption to be made when a road accident occurs, unless there is evidence to the contrary to support the uniqueness of the manager of one of the vehicles involved.
Another condition for not being able to speak of a concurrence of guilt was then sanctioned by the Constitutional Court on 29 December 1972, which defines the concurrence of guilt as constitutionally illegitimate in the event that one of the two vehicles has not suffered any damage. Of course, the responsibility can be divided, but in most cases the greater or lesser degree of guilt within the accident must be agreed with the help of experts to then go to establish any compensation for damages.
Contest of blame: types and meanings
In particular, there are two different types of guilt :
- concurrence of actual fault: the one previously mentioned as the most frequent, in which the responsibility is not divided equally but there are different percentages of fault;
- parity of fault: this is spoken of when the responsibilities of the road accident are distributed in the same quantities to all the vehicles involved within it.
The reasons for which the first of the two is certainly the one in front of which we find ourselves most often certainly lies in the dynamics of road accidents themselves, but also in the legal procedures to which the subjects involved then undergo: it is difficult in fact that in the legal context it is possible to establish with sufficient evidence a responsibility of for example 50% between two individuals.
There is also a type of concurrence of fault which is defined as the injured party: it is discussed if in an accident the fault is 100% of only one of the vehicles and drivers involved (only these did not respect the rules of precedence, the speed limits , etc …), but negligent behavior can still be attributed to the other person without which the accident could have been avoided (for example using a mobile phone, driving in a state of intoxication, etc …).
In this particular case, compensation from the guilty party can be reduced or even canceled, depending on the severity of the attitude assumed by the apparent victim of the accident (art. 1227). In all the other cases already mentioned, however, the next step is always that of compensation (naturally through the mediation of the insurance companies) depending on the responsibility that is attributed to it.
Contest of fault: consequences on the insurance plan
If you have found yourself involved in a road accident and are agreeing on the responsibilities of the same through a contest of guilt, what you need to know is that the insurance premium is not subject to a curtailment if it is a competition or equal fault, it does not take the so-called malus for the insurance of your vehicle and therefore does not even imply an increase in the total of your insurance plan: this rule was sanctioned by the Bersani 40 Law of 2007.