When an acute heart attack causes a sudden loss of control at the wheel, a driver cannot be held civilly liable under Italian law, and the third-party motor insurance company is consequently exempt from direct action damages.
The Third Civil Section of the Court of Cassation filed an order on November 6, 2026, declaring inadmissible an appeal brought by an injured plaintiff against a previous Venice Court of Appeal decision.
- The Court of Cassation ruled that Article 2046 of the Italian Civil Code exempts a driver from liability during an unpredictable medical emergency.
- Direct action against the insurer under Article 144 of the Private Insurance Code fails because the insurer’s liability depends entirely on the insured driver’s civil responsibility.
- EU Directive 2009/103/CE mandates insurance coverage for nationally defined civil liability but does not harmonize the substantive prerequisites of that liability across member states.
The legal dispute originated from a severe traffic accident on May 27, 2021, in the town center of Auronzo di Cadore. A vehicle driven by the defendant crossed into the opposite lane and collided frontally with the plaintiff’s car, causing substantial property and personal injuries.
The injured party filed a lawsuit directly against the insurer at the Court of Belluno under Articles 122 and 144 of Legislative Decree No. 209 of 2005. The defendant driver remained absent from the proceedings, while the insurance company argued that an acute myocardial infarction rendered the driver unconscious and entirely without control.
The Court of Belluno rejected the plaintiff’s compensation claim on July 26, 2024, applying the legal defense under Article 2046 of the Civil Code. The Venice Court of Appeal upheld that judgment on July 17, 2025, finding no fault in the driver’s decision to travel because medical examinations were still ongoing and no physician had ordered observation or restricted driving.
The plaintiff pursued four grounds of appeal before the Supreme Court, all of which failed. The Court of Cassation affirmed that assessing whether a sudden illness constitutes an unforeseeable fortuitous event remains an exclusive factual evaluation for the trial judge.
The high court examined the statutory relationship between direct action and driver imputability under Directive 2009/103/CE. The justices said the European directive ensures compulsory motor insurance covers nationally established civil liability, but it does not alter domestic standards of fault.
| Judicial Stage | Date | Ruling Authority | Outcome |
|---|---|---|---|
| First Instance | July 26, 2024 | Court of Belluno | Claim rejected under Article 2046 c.c. |
| Appellate Review | July 17, 2025 | Court of Appeal of Venice | First instance decision confirmed |
| Supreme Court | November 6, 2026 | Court of Cassation | Appeal declared inadmissible |
Because the driver lacked legal capacity due to an unforeseeable medical emergency without prior personal negligence, the foundational prerequisite of civil responsibility vanished. Without that underlying liability, the direct action against the insurance provider could not proceed.
Disclaimer: The information provided in this article is for educational and informational purposes only and does not constitute financial advice.
