When insurance is mandatory for vehicles stopped on private areas

Insurance obligation for cars and motorbikes parked in the garage or on private areas? But it's true? What does this obligation consist of? From the December 23, 2023, it seems that all vehicles must be insured, whether they are driven on public roads or parked in private areas. But the situation is quite confusing, with a lot of uncertainty on the part of motorists and collectors.

The legislative decree of the Italian Government makes a 2021 directive operational European Parliament, regarding insurance policies which effectively requires motorists and motorcyclists to insure their vehicles even when they are stationary and not being used. This situation is confirmed by the Legislative Decree on Motor TPL, dated 16 November 2023, which transposes Directive 2021/2118 issued by the European Parliament and the Council. The regulatory changes have made many motorists tremble because all newspaperson websites and on social media, have raised the alarm on the obligation to insure all vehicles, including those kept in garages or private areas such as courtyards and garages.
But let's try to shed light with a legal interpretation of the legislation.

Insurance obligation for unused vehicles On which private areas? Let's clarify

We correctly interpret the meaning and purpose of the directive, from a different point of view compared to the alarmist information spread by the media, with logical reasoning on the legislation which is also confirmed in the words of theLawyer Angelo Greco and endorsed by law firm Legal Defense Calonzi Sammarco.

Because insurance regulations have changed

We remind you that in the past the insurance provided for compensation for damage only in the event of “circulation” on public roads and did not cover damage in private areas such as car parks and condominium spaces, racetrack paddocks, service areas, spaces and car parks adjacent to a petrol station and supermarkets; in short, all “private areas” but with public access. There have been numerous accidents, including tragic ones on private areasas ininterior of a parking lot during a reverse maneuver, which involved not only vehicles but also pedestrians and especially children, who due to their limited stature are difficult to detect in a rear-view mirror.

Well in all these cases the insurance companies in the past did not compensate for the damages. The insurance law had then implemented the guidelines of the United Sections of the Supreme Court which in turn had conformed to the European Court of Justice, imposing compensation for damages regardless of whether the vehicle was in circulation or not.

Why is there an obligation to have insurance, when and where

Based on the new insurance law, linsurance is mandatory even when the car is parked in private parking areas, even if not open to the public indiscriminately, how could it be a condominium square or the parking lot of a shop, closed by a gate or a barrier. The legislation also adds “on any terrain” without however specifying whether it is perhaps a fenced property inaccessible to third parties. But let's pay attention to what it refers to.

And in the closed box where there are no “third parties”?

Let's think about it… but what if the garage I own is closed by a shutter? What if the car is stopped in the courtyard of an inaccessible house, guarded and protected by a gate? Why should I insure my car if there are no risks, nor the even potential possibility that “third parties” could access it?
This obligation of insurance at all costs even on private spaces, as confirmed by Avvocato Greco himself, would go against the rationale of the law or that of protecting the “third parties”, which however do not appear in these situations. In short, in such circumstances there would be no reason to protect oneself.

The law most likely refers to cases where the car is parked in garages or private spaces with free access to third parties, but not in private ones such as owned land where no one can access it.
In these cases there should be no obligation to have insurance and you can even safely suspend it as it is not circulation is expected.

Private spaces, where is there really obligation?

In conclusion, therefore, the obligation to have insurance for vehicles stopped in private spaces is legitimate if third parties have access to these areas and if the vehicle is moving. Therefore there is no obligation in the event that private spaces are limited and not accessible to third parties.
The “private spaces” to which the law presumably refers are those where third parties access (who must be protected), such as supermarket car parks, the forecourt of a fuel station, private car parks with public access, car dealership forecourts where other private cars can circulate, racetrack paddocks, condominium areas, etc.

It goes without saying that if you leave your car parked in this type of area, accessible to third parties indiscriminately, you will have to insure it under penalty of fines and penalties. Even if the car is stationary and there is no traffic? The doubt of the legitimacy of the obligation of a civil liability remains, where instead a policy against the risk of other damages would be sensible; for example, a car fire which could cause damage to third parties. What if the vehicle has been standing still for years without an inspection? Another puzzle, because the insurance may not pay if the inspection is expired.

On the other hand, it is also unthinkable that the police would knock on our door to check if we have insured the car parked in the garage or access the online database to check with the license plate number if the vehicle is insured.

Let's hope a clarification on the legislation regarding the obligation of the insurance in question will arrive soon, given that everyone is rushing to insure every vehicle parked everywhere!

Exemptions for the insurance requirement

According to Italian legislation, the exemption from the insurance obligation is however applicable not only to vehicles to be scrapped or blocked by authoritarian decisions, but also to vehicles for which suspension of coverage is permittedsuch as, for example, when the vehicle is voluntarily put out of use and kept in a private space. And so it has always been, the majority of vehicles sitting unused have always lacked liability insurance. However, the European directive 2021/2118 provides some exceptions for exemption from the obligation to insure unused vehicles parked in private areas. These exceptions include:

• Vehicles formally withdrawn from circulation, such as those deregistered for demolition or export.
• Vehicles with use temporarily or permanently prohibited by order of the competent authorities, such as those seized or administratively stopped.
• Vehicles unsuitable for use as a means of transport, for example, those without an engine.
• Vehicles whose use is suspended following a formal notification to the insurance company, with the possibility of multiple suspensions of up to ten months (or eleven months for historic vehicles, with the possibility of an extension).
• Other situations specified by decree of the Ministers of Business and Transport, following the opinion of Ivass, the supervisory authority for private insurance.

Car insurance suspension

The possibility of suspend the insurance during the coverage period remains unchanged, as already happens in some circumstances. However, now the suspension period, initially communicated by the contractor, can be extended several times, subject to notification to the insurance company within ten days before the end of the suspension period. This extension it cannot last more than ten months (eleven for historic vehicles) in the year of validity of the insurance policy.

Car insurance fine

The decree does not change the part that quantifies the fine that a motorist must pay if he does not insure his vehicle, which is 866 euros, reduced to 606.20 euros with the discount for payment within five days. The sanctions, in fact, are regulated byarticle 193 of the Highway Code. The sanction involves the loss of five points from the licenseThe seizure of the vehicle and the collection of the registration card. The same penalty applies if the vehicle is used only in areas with limited access. For the circulation of a unsuitable vehicle for use as a means of transport or with suspended insurance, the fine doubles (reaching 1,299 euros or 909.30 euros with the discount).

Review the insurance requirement for unused and stationary cars

The insurance requirement for vehicles not in use requires review and clearer definition, as it involves disadvantages for both citizens and businesses. This legislation is particularly disadvantageous for citizens who keep a car in the garage, for example waiting to be sold or simply because it is not used. At the same time, it represents a burden on businesses who own a fleet of vehicles, including cars and trucks, used only occasionally or completely idle.

For these reasons, the Government should investigate the issue regarding the obligation to have insurance for cars parked on private property and evaluate the possibility of requesting intervention and a revision of Directive 2021/2118. This is fundamental since the current provisions contained in European legislation appear to be unfair and disadvantageous for both citizens and businesses.

Here are the main reasons why compulsory insurance for stationary cars is an unfair rule:

• The insurance obligation is not justified by the risk. It is very unlikely that a stationary vehicle could cause damage to third parties. The fire problem of a vehicle in a garage or condominium area could be clarified, the responsibility for which however remains with the owner of the vehicle.
• Compulsory insurance is an unnecessary expense for citizens and businesses. Car owners who do not use the vehicle do not need insurance.
• The insurance requirement is a discriminatory measure. Citizens and businesses who have a parked car are penalized compared to those who have a car on the road.

We hope that a more precise definition will be reached and we await with interest that the competent authorities provide clarity on this complex issue regarding the insurance obligation, including for unused cars.

Read also:

– Expired insurance fine, what is the penalty?

– Insurance expired, how long does the coverage last?

– All the news in which we talked about car insurance

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