Παρουσίαση κ. ciobanu

Street Victims Protection Fund

acts in Romania as

Guarantee Fund(2nd MID)

Information Center(4th MID)

Compensation Body(4th MID)

Has been functioning since 2007 (Romania's accession to the EU)

Legal Congress 4th of June 2010 – Piraeus – Athens / Ovidiu Ciobanu, F.P.V.S. Romania

General Legal Frame

Traffic on public roads - Emergency Ordinance No. 195/2002

Penal Code

Civil Code


Accident occured in Romania

Special Legal Frame

Law No. 136/1995 – Insurance law

Norms issued by the ISC-Insurance Supervisory Commission in application of the law No. 136/1995


THE SCENARIO


ERIC

ATHINA

VIKENTIO

ERNESTO

DAVID

IN ROMANIA


ERIC

ATHINA

Victims

VIKENTIO

DAVID

Audi

Pedestrian


Applied Principles

“Lex loci delicti commissi”

Irrespective of citizenship or normally based concept

The answers will be according to the Romanian legal frame, the Romanian

jurisprudence and the insurance practice


Remarks regarding material and social status


As a general principle, the judge should not take into consideration the material and social status of the injured person/claimant, when he establishes the amount of moral damages for the injured person or to other persons entitled to claim moral damages, as relatives of the deceased persons

Q.1 Compensations

For ERIC

successors

Material damages – value of the vehicle

for his death

material damages

moral damages

burial expenses (religious rituals), body transportation, proved with documentsLoss of income (not provided by special ins law on amicable settling)

according to jurisprudence


Q.1 Compensations

For ERIC

Case a) he had only his parents

Material damages – burial expenses;

Moral damages – 5.000 – 10.000 Euro for each parent (average compensation according to our jurisprudence data base);- if Athina is closely befriended with Eric and lives together with him then she could also claim for moral damages between 5000-10.000 Euro


Q.1 Compensations

For ERICCase b) he had also a spouse and two children (16 & 22 years old)

Material damages - burial expenses - loss of income for the children until

they reach the age of 16 (or until 26 if they can prove that they study until that age at “school, college, university etc”)

Moral damages – 3.000 – 7.000* Euro for each child and 5.000 – 10.000 Eur for the spouse (average compensation according to our jurisprudence data base)


Q.1 Compensations

For ATHINA

material damages

moral damages

Loss of income (difference between salary and the social security pension)

Any expenses related to the accident (treatment, recovery, supplements) that are not supported by the social security funds

According to jurisprudence;(average 5.000 – 10.000* Euro for her own injuries and another 5.000-10.000 Euro for the death of Eric if closely befriended with him - see case a) )


Q.1 Compensations

For VIKENTIO

material damages

moral damages

Loss of income (difference between salary and sick leave indemnity)

Any expenses related to the accident (treatment, recovery, supplements) that are not supported by the social security funds

According to jurisprudence;(1.000 – 1.500* Euro)


* - amount closely related with number of days of medical care

Q.1 Compensations

For DAVID

material damages

moral damages

Any expenses related to the accident that are not supported by the social security funds.Nurse expenses will be covered by the MTPL insurer only if the help of a nurse will be prescribed by the doctor.

According to jurisprudence;(50% of 5.000 – 10.000 Euro)

50% liability

All compensations will be adjusted/reduced according to his liabilityLegal Congress 4th of June 2010 – Piraeus – Athens / Ovidiu Ciobanu, F.P.V.S. Romania

Q.2 Recourse of MTPL

Insurer

In Romania, it's considered to be a criminal offence, having an alcohol concentration in blood, above 0,80‰. (art.87 of Order No.195/2002);If this would be the case, the MTPL insurer has the right to recover all indemnities from the driver. (art.58 of Law No. 136/1995 )

According to the scenario if Ernesto's alcohol intoxication is under 0,80‰ this will not be considered a criminal offence, but only a minor offence and the MTPL insurer will not have the right to recover the paid indemnities.


Q.3 Recourse of the Social Security Fund / private

Ins.

The social security fund is entitled to recover the medical expenses from the MTPL insurer

The private insurer is not entitled to recover the paid indemnities from the MTPL insurer (art.22 of Law No.136/1995)


Q.4 Penal proceedings

Prosecution ex officio

Claims

Amicably

Separate civil action

Civil action within the penal proceedings

No judicial fee for claims resulting from criminal offenses


Q.5 Taxation

Compensations are not subject to taxation (art.42 of Romanian Fiscal Code).


Q.6 Other relevant matters

Prescription period – 3 years

Limits/event

material damages

Application of Council Regulation No. 44/2001

bodily injuries

2010 2012

500.000 EUR 1.000.000 EUR

2.500.000 EUR 5.000.000 EUR


Questions?

Thank you for your attention!


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