regulation in romania of the tort liability and insurance

Regulation in Romania of the

tort liability and insurance

contract of civil liability for

damages caused by motor

vehicle accidents

Ioan MATEI – Manager of Legal Department - Romanian Motor Insurers’ Bureau

Regulation:

o The tort liability – Civil Code

o Liability insurance contract – Civil Rights;

The law no. 136/1995; Norm no. 23/2014

Regulation in Romania of the tort liability and

insurance contract of civil liability for damages

caused by motor vehicle accidents


I. The tort liability:

• Responsibility for the own act - subjective

liability (based on

• Vicarious liability - subjective liability

(based on fault)

• Liability for damage caused by goods –

objective liability (without fault)

- guard work





Removing liability

• force majeure

• fortuitous case- (except liability for

damage caused by

• the act of the victim or of a third party

• disinterested help; gratuitous use of

property





Joint and several liabilities

Shared guilt





Compensation for damage

• „restitutio in integrum” principle

Patrimonial damage

• certainly damage

• future damage

• damage caused by loss of opportunity





In case of bodily injury:

• labor income foregone

• health care costs

• expenses arising from the increasing

needs of the injured party

• any other material injuries





In case of death:

• persons entitled to compensation

• the legal obligation of maintenance

• the amount of the maintenance

• the payment of the maintenance (periodic

payments, global payments)

• pensions or benefits from social insurers





Damages with patrimonial character:

• in case of bodily injuries

• in case of death

• persons entitled to compensation

• the evidence of injury





Prescription of the right to claim

compensation

• what is prescription

• the prescription general term

• the moment when the prescription period

begins to run

• the recourse of the Hull insurer

• the prescription period for criminal acts





Suspension of the prescription term:

• during the negotiations for the amiable

settlement

• for 3 months after the onset of a mediation

procedure

• until a pension or aid owed to injured party

is established

• suspension against several debtors





Interruption of prescription term:

• obligation recognition or partial payment of

it

• request for summons

• establishment of a civil party in criminal

case

• delaying (formal notice)

• if the act has criminal character





II. Liability insurance contract

• persons covered by the insurance

• stolen vehicles (insurer’s right for

recourse)

• identified vehicle; responsible unidentified

• vehicles for which insurance is compulsory





Checking the insurance documents

Liability limits of the insurer





Covered risks:

• wherever the accident occurred

• opening the vehicle doors by the

passengers

• does not provide special protection to any

category of road users





Exclusions:

• major force

• exclusive fault of the injured party

• exclusive fault of a third party

• common patrimony

• fines and expenses made by the insured in

criminal cases

• damages of guilty vehicle and guilty

driver’s injuries





• goods transported by the guilty vehicle

under a contract

• damages caused by vehicle-mounted

devices and installations, if they were used

as working equipment or installations

• damages caused during loading and

unloading operations





• damages caused by transported dangerous

products

• damages caused during war / terrorist

attack

• value reduction after the damaged goods

were repaired





Trailers:

• distinctive insurance contract

• the responsibility of the insurer of the

trailer





Accidents provoked by a track and

trailer unit, liability :

• the tractor vehicle identified and insured

• the tractor vehicle identified but uninsured





• the tractor vehicle unidentified, the trailer

identified and insured

• the tractor vehicle unidentified, the trailer

identified but uninsured





The payment of compensation:

• the payment offer or rejection – 3 months

• the time limit for payment – 10 days

• penalties for delayed payment (0,2%/day)





The accident ascertainment:

• the amiable statement of accident

• documents issued by public authorities





The ascertainment and damages

evaluation

• the insurer’s own staff

• outsourcing





Damages ascertainment

• amiable

• through court decision





Compensations in case of bodily injuries

• income loss

• expenses related to accident and paid by

the victim

• the expenses with the attendants/

caretakers

• moral damages

Ioan MATEI – Manager of Legal Department of Romanian Motor Insurers’ Bureau




Compensations in case of death

• transport of the deceased person

• funeral expenses

• unrealized incomes of the deceased person

• moral damages





Proof of prejudice





The problem of moral damages:

• there are no objective criteria’s in their

determination

• established in most cases by the courts

• consequences of the lack of the

objective criteria’s in their determination





• the right for compensations for moral

damages can’t be transferred nor passed to

the inheritors

• the content of the moral damages





The guide for settlement of

moral damages





Compensations in case of vehicle

damages:

• Repair costs:

- The real value of the vehicles

- Total loss

- The residual value





• The towing of the damaged vehicle

• The transportation expenses of the

passengers at their domicile

• The transportation costs of the goods

• The recourse of the CASCO (hull) insurer





Aspects regarding the claims settled

in court:

• The right to choose of the damaged

persons

• Judicial costs free - court actions

• Support for defenses in court





If for the moment you do not

have any questions, you can

always contact us





Thank you very much for

your attendance !


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