Before the penal reform of 2015, the criminal channel could be chosen in case of personal injuries (even if they were minor) and not only in case of property damage.
But the mentioned reform has changed everything eliminating the trial of penal offences due to traffic accidents without identity of crime.
As a result, may injured people must turn to the civil channel, with much higher expenses. Therefore, deals and agreements have increased, which is good for the insurance sector and the workload in Courts has been reduced significantly.
Nevertheless, since 2016 and in spite of the decriminalisation of the offences, it is possible to get an assessment of injuries farm the forensic surgeon assigned to the Court (Legal Medicine Institute) without starting a legal procedure. This will have a cost for the Insurance Company even if it is only required by the injured person. The report must be issued within a month since the medical examination.
Furthermore, from 2016, before going to Court, the victim must give to the Insurance Company the claim of a reasoned offer, including all the relevant documents. The Insurance Company must answer in three months and the interest shall be calculated since this date.