Regulation in Romania of the tort liability and insurance ...
Transcript of 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
Ioan MATEI – Manager of Legal Department - Romanian Motor Insurers’ Bureau
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
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
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
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
Joint and several liabilities
Shared guilt
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
Compensation for damage
• „restitutio in integrum” principle
Patrimonial damage
• certainly damage
• future damage
• damage caused by loss of opportunity
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
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
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
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
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
Damages with patrimonial character:
• in case of bodily injuries
• in case of death
• persons entitled to compensation
• the evidence of injury
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
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
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
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
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
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
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
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
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
Checking the insurance documents
Liability limits of the insurer
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
Covered risks:
• wherever the accident occurred
• opening the vehicle doors by the
passengers
• does not provide special protection to any
category of road users
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
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
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
• 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
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
• damages caused by transported dangerous
products
• damages caused during war / terrorist
attack
• value reduction after the damaged goods
were repaired
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
Trailers:
• distinctive insurance contract
• the responsibility of the insurer of the
trailer
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
Accidents provoked by a track and
trailer unit, liability :
• the tractor vehicle identified and insured
• the tractor vehicle identified but uninsured
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
• the tractor vehicle unidentified, the trailer
identified and insured
• the tractor vehicle unidentified, the trailer
identified but uninsured
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
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)
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
The accident ascertainment:
• the amiable statement of accident
• documents issued by public authorities
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
The ascertainment and damages
evaluation
• the insurer’s own staff
• outsourcing
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
Damages ascertainment
• amiable
• through court decision
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
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
Regulation in Romania of the tort liability and
insurance contract of civil liability for damages
caused by motor vehicle accidents
Compensations in case of death
• transport of the deceased person
• funeral expenses
• unrealized incomes of the deceased person
• moral damages
Ioan MATEI – Manager of Legal Department of Romanian Motor Insurers’ Bureau
Regulation in Romania of the tort liability and
insurance contract of civil liability for damages
caused by motor vehicle accidents
Proof of prejudice
Ioan MATEI – Manager of Legal Department of Romanian Motor Insurers’ Bureau
Regulation in Romania of the tort liability and
insurance contract of civil liability for damages
caused by motor vehicle accidents
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
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
• the right for compensations for moral
damages can’t be transferred nor passed to
the inheritors
• the content of the moral damages
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
The guide for settlement of
moral damages
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
Compensations in case of vehicle
damages:
• Repair costs:
- The real value of the vehicles
- Total loss
- The residual value
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
• 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
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
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
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 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
If for the moment you do not
have any questions, you can
always contact us
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
Thank you very much for
your attendance !
Ioan MATEI – Manager of Legal Department - Romanian Motor Insurers’ Bureau