Insurance Claim Disputes in Italy

An insurance claim dispute in Italy — searched as claim denied, claim refused, insurer won't pay or insurance claim lawyer — is a disagreement with an insurance company over a claim. In Italian a claim is a sinistro, and the everyday phrase is l'assicurazione non paga. The first formal step is usually a written complaint (reclamo) to the insurer and then to IVASS, the insurance supervisor. Some older lists and lawyer pages call this service “General Insurance Claims”.

Who it concerns

Drivers after a road accident in Italy, including with a foreign or rented car; homeowners after water damage, fire or a burglary; businesses with a property, liability or goods-in-transit policy; and holders of a travel or health policy whose claim arose in Italy.

Steps with an insurer in Italy

1. Documents: the policy and its conditions, the claim form, the joint accident report (constatazione amichevole) for a car accident, police and medical reports, photos, invoices, and the insurer's loss adjuster's report (perizia).
2. A reasoned complaint addressed to the insurer, explaining why the refusal or the offer is wrong. An independent expert (perito di parte) can challenge the adjuster's figures.
3. A complaint to IVASS if the insurer does not answer or answers badly. IVASS supervises insurers; it does not award compensation itself.
4. Out-of-court resolution: the Arbitro Assicurativo, a newer body set up alongside IVASS for disputes with insurers and intermediaries, or mediation, which the law makes compulsory for insurance contract disputes before a court case; for road accident claims, an assisted negotiation between lawyers.
5. Court, if nothing else works.

Points to watch

• Policies set deadlines for reporting a claim, and rights under insurance contracts expire sooner than most other contract claims.
• Exclusions, excesses (franchigia, scoperto) and the duty to describe the risk accurately when buying the policy are the usual grounds for refusal.
• Accepting a payment can mean signing a full and final settlement (quietanza), which is worth reading carefully first.
• Accidents involving foreign vehicles and foreign insurers follow special rules on who handles the claim in Italy.

What a lawyer does

Compares the policy wording with the insurer's reasons, gathers the evidence, writes the complaints, negotiates with the insurer, brings the case before the Arbitro Assicurativo, a mediator or the court, and explains every document in English. For damage to a home or land caused by a neighbour, see property rights and disputes; for losses caused by a crime, representation of crime victims; for disputes over other contracts, contract disputes. More in litigation in Italy.

Questions and answers

On what grounds do Italian insurers refuse?

Most often a policy exclusion, a late report, missing documents, a disagreement about the cause or value of the damage, or an allegation that the risk was described inaccurately at the time of purchase.

What is a reclamo IVASS?

A complaint to the Italian insurance supervisor about an insurer's conduct, normally after a complaint to the insurer itself. It can push the insurer to review the file, but the supervisor does not decide the amount owed.

What is the Arbitro Assicurativo?

An out-of-court panel for disputes between customers and insurers, simpler than a court case. Its rules on which disputes it accepts are recent; a lawyer confirms whether a case qualifies.

Who pays after an accident in Italy with a foreign car?

It depends on who caused the accident and where the vehicles are insured. Special arrangements let a victim claim in Italy even when the other driver's insurer is based abroad.