Compensation after road accidents
Compulsory motor third-party liability insurance (RCA) covers the tortious liability of a vehicle's owner or user for losses caused to third parties. If you have been involved in a road accident caused by someone else, you can claim compensation for personal injury or death (both material and non-pecuniary), damage to property and, in some cases, losses resulting from being unable to use the damaged vehicle.
In these situations, legal help in obtaining compensation is essential to protect the victim's rights and interests.
See my civil law servicesTypes of compensation
Personal injury or death
The injured victim, including a passenger, may claim their own loss subject to civil liability and motor liability insurance coverage. After a death, relatives and other close persons may have their own claim for proven grief: ascendants, descendants, siblings, the spouse and anyone else proving such harm (Article 1391(2) of the Romanian Civil Code). This does not require heir status. Property claims and succession rights differ from the victim’s personal non-material damages claim: that right does not pass to heirs, but they may continue an action started by the victim (paragraph 4). If Romanian law applies, the general three-year period runs from when both the harm and the responsible person were known or should have been known (Article 2528), not automatically from the accident. Article 1394 may require the longer criminal limitation period; suspension, interruption and special rules must also be checked. Applicable law in international cases is assessed separately.
Material damage
The Romanian Civil Code requires the person who caused the loss to make good both the actual loss and the loss of profit. Compensation can cover vehicle repairs, loss of earnings, loss of use of the vehicle, and hospital, travel and funeral costs, among others, provided they are supported by documentary evidence. Questions of civil liability after road accidents and the scope of RCA cover may call for specialist legal analysis.
Non-pecuniary damages
Mental suffering has no monetary equivalent, but compensation can be awarded for the disruption to family and social life caused by the wrongful act. These sums are intended to ease the victim's suffering to some extent.
Special situations
The vehicle at fault is registered abroad
If the accident happened in Romania, compensation is covered by the foreign insurer of the vehicle at fault. You can claim repair costs, loss of earnings, loss of use, and material and non-pecuniary damages for personal injury or death, subject to the terms and limits of the policy.
Accidents outside Romania
For an accident outside Romania, identify the liable vehicle’s insurer; it need not be based in the country of the accident. Depending on countries, policy and circumstances, a claims representative, insurer’s correspondent, national bureau or competent compensation body may handle the claim. Applicable law, jurisdiction, coverage and procedure must be assessed separately before claiming.
