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When there is complicity of guilt?

The complicity of guilt regarding the circulation of cars is established in the second paragraph of the art. 2054 of the Italian Civil Code, which states that in the event of an accident between cars, it is assumed that each driver has contributed in the same way to cause damage suffered by the individual cars.

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Along with the complicity of guilt, however, there is a relevant presumption, or functioning until contrary assessment that, with the existence of crimes attributable to more than one person, each of them must be identified as an effective reason for the damage if they caused a circumstance for which, without either of them, the fact would not have happened.

It is hypothesized that every driver has caused the damage caused by the accident, both his own and that of the other driver, with equal and equal guilt.

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However, based on the principle of the complicity of fault of the damaged person ex art. 1227 of the Italian Civil Code, each driver must repay half the sum of the damage suffered by the other and suffer a reduction in the right to reimbursement of its damages in equal value.

The responsibility for complicity of drivers, pursuant to art. 2054, it occurs only when an accident occurs between cars, and operates only when the test results do not really allow to verify to what extent the behavior of the two drivers has produced the harmful situation.

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Moreover, even when only one of the two drivers is guilty, the other one will not be dissolved immediately by the accusation of co-responsibility, but it is useful to try to have considered the traffic regulations and the general rules of caution and prudence on the road (00).

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The solidarity principle provided by our legislation also prescribes the driver who has taken into account the regulations of the highway code to proceed, faced with the error of others, to avoid the accident by regular scrupulousness, or opting for the maneuver that the driver, in relation to the real circumstance, it is considered the most appropriate to avoid or reduce damage.

The accusation of equal complicity arises even if one of the cars has not suffered damage and concerns both the importance of the fault and the nature of the effect of the harmful situation.

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What is CID?

The CID is the example of a confidential loss assessment established by the Convention for direct compensation, which is drawn up and signed jointly by the drivers of the two damaged cars and with which they refuse the payment procedure established by art. 3 of Law 39/77.

The Convention for direct compensation, which can be adopted where the accident only causes damage to the cars, has as primary purpose to speed up the payment of accidents with damage to objects produced by collision between two cars, facilitating the achievement of the related reimbursement by of the injured person who is completely or only partly innocent.

The Convention establishes the duty of any competing company to worry, in periods strictly fixed, of the reimbursement of damages suffered by its insured, following an accident that is attributable, completely or only partially, to an insured person for the same danger at a different competitor company.

Every company that adheres to the Convention acts as the representative of each other, granting to its insured the reimbursement due on and by the insurance company of the offender, who is obliged to pay the sum paid.

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For the implementation of the procedure established by the Convention, a fundamental requirement is that there is a traffic accident caused by the collision of no more than two cars, both established, obliged by the civil liability insurance under Law 990/69 and following variations, with insurance at one of the competing companies, excluding scooters and tractors.

For the implementation of the procedure established by the Convention it is also useful for the car crash to be caused only to the cars or to one of them, without damage to the driver or to the objects transported.

Since resorting to the direct payment procedure of the damage means to renounce to that established by the law n. 39 of 1977, where, even if there was the compilation of the CID, the injured person sends the request for reimbursement to the insurance company of the offender, according to art. 22 of Law 990/69 and through the procedures established by art. 3 of the same law, the pre-established payment procedure must be suspended and the debtor insurance company must notify the company in charge of the appeal forwarded by those entitled to it.

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