Compensation of damaged for unusability of company cars

In the presence of an accident involving a company car in service, the right to reimbursement, in addition to the material damage, of the additional damage due to unusability of the vehicle is now standard practice.

It is helpful to know that compensation for the damage from unusability of company cars, which has always been subject to opposing orientations in case law, as to whether or not to recognize it, has recently seen – in our region especially – a change in a highly positive sense, thanks also to the action of Studio Legale Surace.
Starting with the historic decision no. 2471/’98 of the Justice of the Peace of Turin, followed shortly after by decision no. 181/’99 confirming it of the Moncalieri court (in suits brought by our law firm), the judges in the Piedmont region harmonized in recognizing either the damage due to unusability of the vehicle or the existence of such damage even in cases in which the damaged party possesses its own replacement vehicles.
The amount that can be requested will vary depending on the type of vehicle, averaging from € 100 (for example, for a rental car) up to € 500/day (bus).In certain cases, it is also possible to request additional damage due to the total halt of business (for example in case of a trucker without replacement vehicles).

To give you an idea of how much you might overlook demanding from the insurance counterpart in similar cases, here is a random sampling of 100 assignments completed by us on behalf of trucking companies:

Equivalent to € 425.00 for vehicle unusability for every € 1,000.00 of material damage.

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