Usually when we think of a car accident, our mind imagines the traditional car accident on everyday roads: the classic rear-end collision between two cars in a row, the side of the car damaged by another driver who does not respect due precedence, the impact suffered by the car regularly parked by that impractical driver in parking maneuvers. The hypotheses just taken as an example have in common the public place where the accident occurred, a situation where, once the responsibility has been ascertained, the insurance company on duty will take care of liquidating the compensation, as required by law. But what would happen instead, if the accident occurred inside a condominium? If the car was damaged by a branch fallen from a tree in the condominium courtyard, who should compensate? The condominium, the insurance that covers the liability towards the so-called third parties or the administrator negligent in the ordinary administration of the condominium plants? And who should compensate if the car was damaged in the condominium courtyard by another vehicle? The usual insurance or directly the owner of the damaging car?
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The responsibility of the condominium
The damage caused to the car parked inside the condominium courtyard caused by a branch detached from a tree present in the aforementioned courtyard, as well as the damage caused by the falling debris of the cornice, must be compensated by the condominium as it is responsible for the damage caused. from things in custody (art. 2051 cc) where inevitably the owner is also the custodian and responsible for the damage caused by the thing itself. correct, therefore, to ask for compensation for damage to the condominium, which, through the administrator in charge, should, among other things, contact the building’s insurance company (if any), so that it can intervene to appraise the damage and to liquidate them accordingly. In the case of liability pursuant to art. 2051 of the civil code, the entire condominium team must answer for damages, and not the administrator which must, however, take steps to involve the condominium insurance, and allow the latter to indemnify the individual owners from any consequent damage.
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Responsibility of the individual person
In the event that the car has been damaged in the condominium courtyard, by another vehicle, the request for compensation must be addressed directly to the responsible person (Article 2043 of the Italian Civil Code), i.e. the owner of the damaging vehicle, obliged to indemnify, given that the accident occurred through his fault and negligence. The action must therefore be brought against the aforementioned owner, unless the condominium is equipped with a particular insurance policy that also covers the aforementioned events, but this is a rather remote hypothesis. In conclusion, we can state that compensation for damage must be requested in a different form depending on whether we are faced with a liability pursuant to art. 2051 cc or pursuant to art. 2043 cc: in the latter case, the condominium should never be involved, but only the individual condominiums, condominium insurance can intervene but, possibly, only the insurance policies that each owner may have signed on his behalf.
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