In the event of an accident between two cars, the compulsory civil liability insurance is the one that covers the damages caused by the fault of a driver to another car owner.
As established by the Highway Code, MTPL insurance is compulsory, which means that car drivers can only drive if they have taken out such insurance.
However, there are situations in which drivers do not have MTPL insurance and still drive. In such cases, if there is an accident, there are certain elements that the injured drivers must pay attention to in order to cover their damage.
In the first phase, the injured drivers must be careful when the insurance of the person responsible for the accident was concluded, because it enters into force the day after it was concluded, but not on the same day, as in the case of the accident.
However, the exception to this rule is the RCA policies concluded for the cars to be registered, which are valid from the moment of issuing the insurance contract, but not earlier than the date of entry into force of the provisional driving license or registration or registration of the vehicle.
Subsequently, the injured drivers must report to the police to find out the damage within 24 hours from the time of the accident, no later.
What to do if you have been hit by a car that does not have RCA insurance
If a car has been damaged and the driver does not have RCA insurance or has fled the scene of the accident and therefore remains unidentified, the damaged driver can contact the Romanian Motor Insurers’ Bureau.
According to Law no. 132/2017, BAAR intervenes as a body to pay compensation in case of accidents caused on the territory of Romania in the following situations:
- if the vehicle or tram has been identified but was not insured for MTPL, compensation is awarded for material damage and for damage to bodily integrity or health or death;
- if the vehicle or tramway remains unidentified, compensation shall be granted only for damage to bodily integrity or health or for death. Compensation for material damage is granted with the application of a deductible of 500 euros equivalent in lei, if such an accident resulted in the death of a person or caused to the bodily integrity or health of a person an injury that requires medical care more than healing. 60 days;
- in case of risk during the suspension of the MTPL contract.
When applying for a BAAR, interested parties must complete a claim form and submit a number of specific documents, including:
- the act of guilt and the circumstances of the accident;
- the repair permit issued by the police for the damaged vehicle, in copy;
- proof of ownership of the damaged property;
- copy of the applicant’s identity card.
Persons who, at the time of the accident, have the possibility to recover the damages suffered on the basis of an optional or compulsory insurance or on the basis of the law, nor those who have voluntarily boarded the vehicle driven by the person responsible for the accident, may not benefit from compensation. proves that they knew that an RCA contract was not in force for that vehicle.