The warning sent by the lawyer or body of extrajudicial competence to the insurance following the mandate received by the minor injured following a road accident is valid..
If a minor has suffered injuries following a road accident, it is lawful that he / she will have to request compensation for the damage from the insurance.
The latter does not need to be authorized by the parents in the appointment of a lawyer or out-of-court consultant, but can delegate the mandate to a competent figure chosen by himself even if he is a minor.
This is what has been clarified by the Supreme Court with a recent order [Cass. ord. n. 24077/17 del 13.10.2017].
In other words, according to the Court, in the event of a road accident, the minor can delegate a competent figure for compensation.
The formal notice for compensation for damage advanced by the lawyer or out-of-court consultant to the insurance under the mandate given by the minor is valid. Even if he has not yet turned 18, in fact, he has the ability to carry out legal acts in the strict sense as long as they do not cause him harm.
According to the ruling in question, “on the subject of compulsory insurance of civil liability for road traffic, the claim for compensation of the injured party to the injurer’s insurer, by registered letter, as a condition for the admissibility of the compensation action against the insurer [Ex art. 22, l. n. 990/69] integrates a legal act in the strict sense and not a negotiation act “.
All those acts that involve the loss of a right or the assumption of an obligation are precluded to the minor. Given that the request for compensation does not derive for the least adverse effects, since it is aimed at the purchase and safeguarding of the right to compensation for damages from motor vehicle liability, the latter will certainly be able to confer a mandate on a lawyer. The minor is capable of carrying out juridical acts in the strict sense and therefore acts that constitute the presupposition of certain juridical effects connected to them by the law, for their fulfillment as the ability to act is not required.