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The process of registering an insured event

A few recommendations if you have been involved in a road accident! important

As the injured party, you should take the following steps:
  • you must notify the Patrol Inspectorate so that the documents regarding the causes and circumstances of the accident, as well as its consequences, are drawn up correctly;
  • if you have a camera, take as many photos as possible of the accident scene and of the parts damaged in the accident;
  • notify the insurance company about the road accident as soon as possible;
  • ask the insurance company's representatives to inform you about the set of documents you need to submit for the claim file to be drawn up correctly;
  • ask the insurance company to inspect the damaged vehicle and draw up, within 5 working days from the date it receives information about the accident, a damage assessment report;
  • if the insurer has not inspected the damaged property and has not drawn up the damage assessment report within the specified period, use the services of independent experts to assess the damage;
  • if the insurance company offers you a compensation amount below the legal limit, do not sign the compensation document; instead, state on that document that you do not agree with the amount of the insurance compensation. Objections regarding the compensation amount must be communicated to the insurer within 5 calendar days, and remember that any request submitted to the insurer must be registered with the insurance company's stamp, indicating the incoming number and the date of receipt;
  • if you believe that your rights are being violated by the insurance company, you can file a complaint with the President of the National Commission for Financial Markets. This institution has the right, if necessary, to suspend the company's activities if it has committed serious violations. Usually, once the National Commission for Financial Markets gets involved, resolving the issue becomes easier. An important circumstance you should be aware of is that, if the insurer is at fault for missing the deadline for paying the insurance compensation, it must pay the insured, the beneficiary of the insurance and/or the injured party a penalty of 0.1% of the compensation amount for each day of delay.
Contact details for reporting a claim

Under Law 106/2022 on compulsory motor third-party liability insurance for damage caused by vehicles, insurance companies must:

  • request information about the accident and its consequences from the competent authorities and institutions (police, fire units, the prosecutor's office or medical institutions);
  • inspect the damaged property and draw up a damage assessment report within 5 working days from the date the information about the accident is received;
  • close the claim file for material damage within no more than 15 calendar days from the date the injured party submits the last document required to complete the file;
  • close the claim file for bodily injury or death within no more than 10 calendar days from the date the injured party submits the last document confirming the damage;
  • pay the insurance compensation within 10 calendar days from the date the claim file is finalized.

The maximum period within which the insurer is required to settle the claim and pay the insurance compensation is no more than 3 months from the date the insured event is reported.

However, insurance companies often fail to comply with, or even disregard, the legal provisions that are binding on them. If the insurer has not inspected the damaged property and has not drawn up a damage assessment report within 5 days, the injured party is entitled to use the services of independent experts or specialized units to assess the damage, without presenting the damaged property to the insurer, by notifying the insurer via registered letter.

The importance of RCA insurance also becomes apparent when the insured is involved in a road accident that results in bodily injury through their fault. The injured party, as well as the heirs of deceased persons, receive compensation from the insurance company of the person who caused the accident.

Once the person at fault for the accident has been established, and provided they hold a valid RCA insurance policy, compensation for bodily injury or death is paid by the insurer based on a claim submitted by the victims of the accident or their relatives.

If the accident victims were hospitalized for recovery, they must collect all documents (receipts, invoices, etc.) confirming the expenses incurred during the rehabilitation process. Otherwise, the insurer may refuse to pay this compensation.

It should be noted that other types of situations may also arise following accidents, such as the at-fault driver leaving the scene of the accident, the absence of insurance, etc.

For the various situations that may arise, national legislation, like that of other countries, provides for protection funds for motor third-party liability policyholders. According to the regulatory acts, these consist of:

  • The National Guarantee Fund;
  • The Road Victims Protection Fund;
  • The Compensation Fund.

If the person responsible for the accident has not been identified, or in other similar situations, the victim is entitled to receive compensation from the National Bureau of Vehicle Insurers (BNAA), based on the same documents.

The Road Victims Protection Fund (FPVS) is intended for the payment of compensation for damage to or destruction of property, and for bodily injury or death, if the vehicle or the person responsible for the accident remains unidentified, or if the owner of the vehicle responsible for the accident did not comply with the compulsory motor third-party liability insurance obligation, or if the vehicle was obtained unlawfully.

Each company contributes 2% of the funds collected from RCA sales to this fund. Anyone can submit their file to BNAA, on one condition: the person who damaged their vehicle or caused their bodily injury did not have RCA insurance, or fled the scene and remains unidentified. Once the documents are accepted, the person receives financial assistance within 90 days at the latest.

If the vehicle was damaged, the file must include the results of an assessment by an independent expert, who determines the cost of repairing the car.

In the event of the victim's death, the FPVS covers all funeral expenses incurred by the family. National legislation does not provide for financial assistance to the relatives of the deceased, as is the case in most countries. The same Road Victims Protection Fund also pays lifelong financial assistance to persons who have lost their capacity to work as a result of road accidents. The amount is calculated based on the salary the person was earning at the time the tragedy occurred.

It is not only the direct victims of accidents who are compensated. If the person has minor children, they receive benefits until they reach the age of majority, since they have lost their provider. The assistance amount cannot be lower than the minimum consumer basket approved by the authorities at the date the accident occurred.

Compensation limits:

  • no more than EUR 100,000 is paid from the Road Victims Protection Fund for damage to or destruction of property, regardless of the number of persons harmed in an accident;
  • in case of bodily injury or death, a maximum of EUR 100,000 is paid for each injured person, but no more than EUR 500,000 in total, regardless of the number of persons affected by a road accident.

Who is NOT entitled to compensation:

  • The Road Victims Protection Fund does not provide financial support for vehicles found damaged in a parking lot;
  • Persons who voluntarily got into the vehicle responsible for causing the accident are also not entitled to compensation, if it is proven that they knew the driver did not hold an RCA policy or that the vehicle had been acquired unlawfully.

Accidents with minor material damage (up to 15,000 lei), without bodily injury and without victims, can be documented using the Friendly Accident Report procedure

The friendly accident report is a simplified, voluntary procedure for documenting a vehicle accident, whereby the drivers complete and sign the "Friendly Accident Report" form. By mutual agreement, the parties fill in the friendly accident report form (following the instructions on the back of the form), and within 48 hours notify the at-fault driver's insurer in order to open the claim file and request compensation. It is recommended that both parties attend the insurance company's office.

Be very careful when choosing this procedure, as your situation must cumulatively meet the following conditions:

  • 1. Purchase insurance

    Purchase insurance from rapidasig.md and receive the friendly accident report form.
  • 2. Valid RCA policy, issued at least 24 hours in advance

    At the time of the accident, both participants hold a valid RCA insurance policy, issued at least 24 hours before the accident occurred;
  • 3. No victims

    The accident resulted in no victims or bodily injury.
  • 4. Only TWO vehicles

    Only TWO vehicles must be involved in the accident.
  • 5. Material damage < 15,000 lei

    The accident resulted in minor material damage of less than 15,000 lei;
  • 6. Consent exists

    Both drivers consent to documenting the accident through the friendly accident report procedure, and the person responsible for causing the accident has been identified.
  • 7. Photos of the accident scene

    The parties involved in the accident have the technical means to photograph the accident scene or to record the details of witnesses (if any).

However, if even one of the above conditions is not met, you must notify the police!

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