Who pays the compensation
If you suffered loss in a road accident caused by another driver, compensation is usually claimed from the compulsory motor liability insurer (RCA) of the at-fault vehicle. RCA insurance covers, within the limits set by law and by the policy, both property damage and bodily injury or death.
You may be an injured party whether you were a driver, passenger, pedestrian or cyclist. You do not need your own comprehensive insurance to claim from the at-fault driver's insurer.
If the at-fault driver had no valid RCA insurance or cannot be identified, there is still a route: compensation can be claimed, under the conditions set by law, from the Policyholders' Guarantee Fund. If the accident happened in another country or involves a vehicle registered abroad, special rules apply, and the claim can often be handled through the foreign insurer's claims representative in Romania.
What to do right after the accident
Evidence gathered in the first hours is often decisive later. Depending on the situation, the accident is recorded through an agreed accident statement or by the police. If anyone is injured, the police must always be called.
- Photograph the vehicles, their positions, road signs and the scene.
- Write down the other driver's details, registration number and RCA insurer.
- Take the details of any witnesses.
- See a doctor even if the pain seems mild, and keep all medical records.
- Keep receipts and invoices for any accident-related expenses.
Opening the insurance claim
Notify the at-fault driver's RCA insurer of the claim as soon as possible after the accident. The insurer will ask for documents such as the accident report, identity and vehicle documents and, where relevant, medical records. For property damage, it will inspect the vehicle and make an assessment.
The law sets deadlines for the insurer to pay or give a reasoned answer, and unjustified delay can expose the insurer to penalties. Keep proof of every document you submit and every communication.
What you can claim: material and non-material damages
Compensation is not limited to repairing the car. Depending on the case, you may claim:
Documents are essential to support these claims: complete medical records, sick-leave certificates, proof of income before and after the accident, invoices and receipts. For bodily injury, a forensic medical report describing the injuries and their consequences usually carries significant weight. Non-material damages are not calculated by a fixed formula; they are assessed according to the severity and duration of the suffering and the impact on the person's life.
- Material damages: repair or value of the vehicle, other damaged property, medical, treatment and travel costs.
- Lost income for the period you could not work.
- Care or rehabilitation costs, including long-term ones.
- Non-material (moral) damages: compensation for physical and emotional suffering, for the impact on daily life and, in fatal cases, for the suffering of close relatives.
If the insurer refuses or offers too little
You are not obliged to accept the first offer. Non-material damages in particular are often valued modestly by insurers. Before you sign a settlement or accept an offer, check what rights you may give up by signing.
You have several options: you can send written objections and further documents, use the alternative dispute resolution schemes available in the insurance sector, or bring a court claim against the insurer. In court, compensation is set on the basis of evidence, including technical or forensic medical expert reports. Bear in mind the limitation period, which restricts how long you have to act.
The role of a lawyer
A lawyer can assess your loss properly, including non-material damages, handle correspondence with the insurer and represent you in court if no amicable solution is reached. This matters especially in cases of serious injury, where the amounts and long-term consequences are significant.
The information provided here is general. Every accident and every loss must be assessed individually.
If you were involved in a road accident in Romania and are not satisfied with the insurer's response, the Law Office of Bocse Marian-Mihaita can review your claim file. We explain your options and represent you in dealings with the insurer and before Romanian courts.
This article is for information only and does not constitute legal advice. For an analysis of your specific situation, contact a lawyer.
