Motor Third-Party Liability Insurance (RCA)

(1) The RCA insurer is obliged to compensate the injured party for proven damages suffered as a result of an accident caused by the insured vehicle.

(2) Without exceeding the liability limits provided in the RCA contract and provided that the insured event occurred during the validity period of the RCA contract, the RCA insurer grants monetary compensation for:
→ bodily injuries or death, including non-pecuniary damages;
→ material damages, including deregistration and registration costs, stamp duty costs, expenses for limiting damages, proven by documents, expenses related to the decrease in vehicle value after repairs, proven by documents or expertise;
→ costs for restoring the vehicle to its condition prior to the insured event, proven by documents issued through specialized systems or by documents issued according to law;
→ damages representing the consequence of the loss of use of the damaged vehicle, including temporary replacement of the vehicle, based on the option of the injured party;
→ legal costs incurred by the injured party or related expenses in the case of alternative dispute resolution if the solution is favorable to the injured party and if the amounts representing legal costs are mentioned in the operative part of the court decision;
→ expenses related to the transport of the damaged vehicle, belonging to the injured third party, from the accident site to the location of the claims assessment center, to the repair unit chosen by the injured party for vehicle repair, the closest to the accident site or to the domicile of the injured party, as appropriate, if the respective vehicle can no longer be moved by its own means, and the insurer does not provide transport.

Motor Third-Party Liability Insurance (RCA)

(3) Regardless of the location where the vehicle accident occurred – on public roads, on roads not open to public traffic, in premises and in any other places, both during the movement and during the stationary period of the insured vehicle, the RCA insurer grants compensation up to the liability limit provided in the RCA contract for:
→ damage caused by devices or installations with which the vehicle was equipped, including damage caused by the accidental detachment of the trailer, semi-trailer or attachment towed by the vehicle;
→ damage caused by the fault of the driver of the insured vehicle;
→ damage caused by the action of the thing, when the damage is caused by the properties, action or inaction of the vehicle, through another object set in motion by the vehicle’s movement, through the leakage, spilling or accidental falling of substances, materials or objects transported;
→ damages caused to third parties, as a consequence of opening the vehicle doors, while driving or when the vehicle is stopped or stationary, by its passengers, without ensuring that the safety of other traffic participants is not endangered;
→ damages caused to third parties, as a consequence of driving the vehicle under the influence of alcohol or narcotics.

Motor Third-Party Liability Insurance (RCA)

(4) The provisions of paragraph (3) letter b) also apply in cases where, at the date of the accident, the driver of the vehicle:
→ drove the vehicle without the express or presumed consent of the insured;
→ is not the holder of a license that certifies the right to drive the respective vehicle;
→ did not comply with legal obligations regarding the condition and safety of the respective vehicle.

(5) Family members of the insured, the driver, or any other person whose civil liability is engaged in a vehicle accident and is covered by compulsory RCA insurance are not excluded from the benefit of the insurance for their own bodily injuries.

Regulation no. 20/2017 on motor insurance in Romania

Law no. 237/2015 on the authorization and supervision of insurance and reinsurance activity

Law no. 132/2017 on compulsory motor third-party liability insurance for damages caused to third parties by vehicle and tram accidents

Insurance conditions for the Additional Clause regarding Direct Settlement, attached to motor third-party liability insurance policies.

INTRODUCTION

In accordance with the provisions of this clause and in exchange for an additional premium, the Insurer offers direct settlement services to its own RCA Insureds for damages caused to the insured vehicle by vehicle accidents by liable third parties, with valid RCA insurance at the time of the accident.

The Additional Clause regarding Direct Settlement is valid only if it is attached to the motor third-party liability insurance contract concluded for the vehicle; it cannot be purchased independently.

RISKS COVERED

Based on this clause, the Insurer, through the direct settlement mechanism, grants compensation to its own RCA insured in the event of a risk covered by RCA insurance. Direct settlement provides compensation only for:

 → material damages, including deregistration and registration costs, stamp duty costs, expenses for limiting damages, proven by documents, expenses related to the decrease in vehicle value after repairs, proven by documents or expertise;
 → costs for restoring the vehicle to its condition prior to the insured event, proven by documents issued through specialized systems or documents issued according to law;
 → damages representing the consequence of the loss of use of the damaged vehicle, including temporary replacement of the vehicle, based on the option of the injured party;
 → legal costs incurred by the injured party or related expenses in the case of alternative dispute resolution if the solution is favorable to the injured party;
 → expenses related to the transport of the damaged vehicle, belonging to the insured, from the accident site to the location of the claims assessment center, to the repair unit chosen by the Insured for vehicle repair, the closest to the accident site or to the domicile of the insured, as appropriate, if the respective vehicle can no longer be moved by its own means.

CONDITIONS FOR APPLYING THE ADDITIONAL DIRECT SETTLEMENT CLAUSE – General RCA Insurance

Direct settlement between RCA Insurers is applicable only upon the cumulative fulfillment of the following conditions:

→ car accidents occur on Romanian territory;
→ vehicles involved in car accidents are registered in Romania;
→ damages are caused exclusively to vehicles;
→ both vehicles involved in the car accident have valid RCA insurance at the time of the event;
→ damages exclude bodily injuries.
Direct settlement does not affect the right of the person injured in a car accident caused by an RCA insured vehicle to exercise direct action for the recovery of damages caused against the RCA insurer of the person responsible for causing the car accident.

EXCLUSIONS

The Insurer does not cover situations excluded by the RCA insurance legislation posted on the Insurer’s website at the following address: www.axeria-iard.ro.

This Clause regarding direct settlement can only be purchased by the Insured together with the conclusion of the RCA insurance, being part of it. Thus, this clause ceases to be valid upon the termination, for any reason, of the RCA insurance. This clause cannot be denounced or terminated separately.

In the event that the Insured owes premiums or premium installments at the date of compensation payment, the Insurer may withhold from the compensation both the overdue premiums/premium installments and future due installments related to the contract/insurance policy to which this clause is attached.

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