In the unfortunate event that a traffic accident results in bodily injury, the natural question arises: who is legally and financially responsible for the moral and material damages suffered by the person involved—referred to in law as the “injured party”?
Before determining liability, it is essential to define what “bodily injury” actually means in legal terms.
Bodily injury refers to any impairment of a person’s physical or mental integrity. It may be temporary (for example, fractures, contusions, burns) or permanent (such as amputations, disability, paralysis, or severe aesthetic damage).
To obtain compensation for the losses suffered, the injured person must submit a claim for damages to the third-party liability insurer (RCA insurer) of the person at fault. The claim must be supported by evidence proving the legal elements of tortious liability, such as:
- The insurance policy;
- The claimant’s identity documents;
- Proof of the insured’s fault, such as the official accident report or witness statements;
- Medical expenses (hospitalisation, surgery, rehabilitation, specialised transport);
- Loss of income (salary, allowances, or other earnings);
- Physical suffering (pain, immobilisation, invasive treatments);
- Psychological suffering (anxiety, depression);
- Impact on personal and family life;
- Diminished quality of life (social or aesthetic limitations, etc.).
For material damages, it is crucial that all receipts, invoices, and payment proofs are retained, as these form the basis for reimbursement and establish the causal link with the accident.
If the person responsible for the accident did not hold valid third-party liability insurance (RCA) at the time of the event, the injured party must address their claim to the Motor Insurers’ Bureau of Romania (BAAR).
Equally important is the requirement that, following the accident, the injured person undergo a medical forensic examination at the National Institute of Forensic Medicine (INML) to obtain a certificate attesting to the injuries, the number of recovery days, any aesthetic impairment, or adaptive incapacity.
Once the claim is submitted, the insurer has 30 days to respond, in accordance with Law No. 132/2017, as implemented by Norm 20/2017.
If the compensation offer is accepted by the injured party, the necessary documents must then be provided to complete payment. The insurer is legally required to pay the agreed amount within 10 days of acceptance.