DIRECT SETTLEMENT CLAUSE

Insurance Conditions for the Additional Clause on 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 involving liable third parties, with valid RCA insurance at the time of the accident.
The Additional Clause on 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

Under 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 damage, proven by documents, expenses related to the decrease in vehicle value after repairs, proven by documents or expert appraisal;
     → costs for restoring the vehicle to its condition prior to the insured event, proven by documents issued through specialized systems or documents issued under legal conditions;
     → 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;
     → court 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 damage assessment center, to the repair unit chosen by the Insured for vehicle repair, the closest to the accident site or the insured’s domicile, as applicable, if the respective vehicle can no longer move under its own power.

CONDITIONS FOR APPLYING THE ADDITIONAL DIRECT SETTLEMENT CLAUSE

Direct settlement between RCA Insurers is applicable only upon 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 date of the event;
→ damages exclude bodily injuries.
Direct settlement does not affect the right of the injured party following a car accident caused by an RCA-insured vehicle to exercise direct action for recovery of the damage caused against the RCA insurer of the person liable for causing the car accident.

EXCLUSIONS

The Insurer does not cover situations excluded by RCA insurance legislation, which can be found on the Insurer’s website at the following address: www.axeria-iard.ro.
This Direct Settlement Clause can only be purchased by the Insured at the time of concluding 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.
If the Insured owes premiums or premium installments at the date of compensation payment, the Insurer may withhold from the compensation both overdue premiums/premium installments and future due installments related to the contract/insurance policy to which this clause is attached.
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