★ statute of limitations
2 years (extracontractual) / 5 to 10 years (contractual)
Civil Code arts. 2947, 2946
Personal-injury claims arising from criminal conduct can run for the longer of the criminal limitation or the civil limitation under Article 2947(3).
★ fault allocation
Comparative, proportional reduction
Civil Code Article 1227. Strict liability for motor vehicles unless the keeper proves they did everything possible to avoid the harm.
★ Italy · whiplash · researched 2026-09-30
Whiplash in Italy: what decides the claim.
The rules and figures that decide a whiplash claim in Italy, each traced to its source.
Italian law sets the value of minor traffic injuries by statute, updated each year by ministerial decree. From April 2026 the first point of permanent invalidity is worth €988.45 and each day of total temporary incapacity €57.64. For whiplash the key rule is proof: a minor injury that cannot be objectively established by instrumental clinical examination, or seen, as with a scar, gives no award for permanent damage.
| Proof of permanent damage | Minor injuries that are not open to objective instrumental clinical verification, or visual verification for injuries such as scars, cannot give rise to compensation for permanent biological damage.Codice delle assicurazioni private, art. 139(2) |
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| Minor injuries, 2026 values | For permanent injuries of up to 9 points, the first point is worth €988.45 from April 2026, rising more than proportionally for each further point; each day of total temporary incapacity is worth €57.64.Ministerial decree of 20 July 2026, GU n. 173 of 28 July 2026 |
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| Partial incapacity | Where temporary incapacity is below 100%, each day is paid in proportion to the percentage recognised.Codice delle assicurazioni private, art. 139(1)(b) |
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| Age reduction | The amount for permanent minor injuries falls by 0.5% for each year of age from the eleventh year.Codice delle assicurazioni private, art. 139(1)(a) |
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| Personal uplift | A judge can increase the award by up to 20% where the injury seriously affects documented personal aspects of life or causes particularly intense suffering.Codice delle assicurazioni private, art. 139(3) |
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- 1
Get imaging or other objective tests; without them there is no award for permanent whiplash damage.
- 2
Days off work at partial incapacity are paid at a fraction of the daily rate.
- 3
Younger claimants receive more for the same points.
★ editorial note
Numbers on this page are starting points, not quotes for any specific case. For representation, consult a solicitor or attorney qualified in Italy. See /methodology for how each band is derived, /sources for the standing authority list, and /disclaimer for the scope statement.
