Car always insured
The new provisions introduced by Legislative Decree No. 57 of 27 March 2026 to the Private Insurance Code, in conjunction with those of the Road Traffic Code, bring Italian legislation into line with European law.
These amendments have incorporated an interpretative development already underway in both national and EU case law, aimed at ensuring broader protection for victims of road accidents.
The most significant change lies in moving beyond the traditional concept of ‘road traffic’, which tied the insurance obligation to the use of the vehicle on ‘public roads or areas treated as such’. The new legislation shifts the focus of the regulations to the functional concept of ‘use of the vehicle’, largely disregarding the location where such use takes place.
This development reflects the position of the Court of Justice of the European Union, according to which the concept of ‘vehicle circulation’ must be interpreted as encompassing ‘any use of a vehicle that is consistent with its usual function’.
The main practical consequences of this reform are:
- Extension of the insurance obligation: The obligation to have insurance cover is now independent of the public nature of the area in which the vehicle is in circulation. The cover applies in “any private area” provided that the use of the vehicle is consistent with its function. This includes, for example, private areas open to use by an indeterminate number of people
- Coverage of ‘static risk’: It is legally established that the insurance obligation ‘is independent of [...] whether [the vehicle] is stationary or in motion’.
This consolidates coverage for so-called ‘static risk’, i.e. damage caused by a stationary vehicle, such as in the case of a fire spreading from a parked car
- Application in restricted-access areas: The law specifies that the insurance obligation also applies to vehicles used “exclusively in areas where access is subject to restrictions”.
This resolves uncertainties regarding accidents occurring in places such as airports, construction sites or industrial areas.
These changes have been introduced primarily through the amendment of Article 122 of the Private Insurance Code, with the addition of new paragraphs specifying the extended scope of the insurance obligation
Ultimately, whether your vehicle is on its way to distant shores or parked in your garage, its third-party liability is now better covered than ever. At this point, the only thing left to figure out is how to explain to your car that, despite the new cover, it still cannot double-park.
Last update May 2026