Damage due to holes, no compensation if you move the car | FormulaPassion.it

There Court of Cassation filed a sentence in which the financial compensation for damage to the car suffered due to the passage on one hole. According to reports from the Corriere della Sera edition of Romethe reason why this request was not accepted is very particular: the injured person would have moved the car with respect to the crash siteremoving the opportunity for verification to the police.

Specifically in this case, a motorist had ended up, driving his Porsche Cayenne, inside a hole deep enough to cause actual damage to the vehicle. To avoid blocking traffic, a possible offense if the vehicle is still running, the driver pulled over elsewhere instead of stopping exactly at the point of the hole. This decision, according to the judges, would have prevented the brigade from verifying the dynamics of the impact and establishing that the car had actually broken down on that hole.

After the damage to the car (4,081 euros according to the report), therefore, even the joke has arrived despite good faith. The motorist’s appeal was rejected in the absence of the report with the reconstruction of the accident. The Supreme Court judges highlight: “the contested sentence excluded the responsibility of the Municipality for lack of proof of the exact dynamics of the accident, given the removal of the accident vehicle at the time of the intervention of the municipal police officers on the spot (in the case of the appellant, the vehicle had fallen into a hole covered with water, actually present on the site) and the failure to find traces of braking or evidence from which it is possible to reconstruct, even presumptively, the dynamics of the accident“.

The decision can fuel truly ferocious discussions on various issues: excessive bureaucracy and judicial complication, the lack of maintenance and planning (of the series, without holes, the judges would work on more important sentences and the state would spend less), the apparent impossibility of evaluating case by case, especially for events of one time in a million.