Criminal civil liability may arise when an unlawful act causes harm to another person. For common law liability, the analysis concerns the existence of the act, the harm, the causal link and the fault, subject to the special cases of liability provided by law. The fact that damage has occurred does not in itself mean that any named person is obliged to pay it.

What damages can be compensated

The Civil Code provides for the full compensation of the damage, unless the law provides otherwise. The compensation is determined in relation to the actual damage, the unrealized benefit and the reasonable expenses for avoiding or limiting the damage. The compensation can be made in kind or, when this is not possible or not desired by the harmed person, through compensation determined by the parties or the court.

Material and moral damages are analyzed separately, based on the evidence and the circumstances of the case. There is no automatic amount for non-pecuniary damages damages. The court assesses the proven effects of the act and the applicable criteria; the compensation cannot exceed the reparable damage and is not guaranteed solely by invoking a certain number of days of medical care.

Road accidents and the RCA insurance

In vehicle accidents, Law no. 132/2017 regulates the compensation of third parties harmed within the limits and conditions of the RCD insurance. The insurer analyzes the liability, the link between the accident and the claimed damages, the supporting documents, and the applicable limits. The RCD policy of the at-fault vehicle does not cover any loss claimed without connection to the accident or without evidence.

Repair costs, medical expenses, loss of income and non-pecuniary damages may be requested, as appropriate. The lack of use of the damaged vehicle, including the temporary rental of a similar or inferior one, is proven by documents and is granted under the conditions of the law and ASF Norm 20/2017. The trauma score can be used to assess injuries, but it does not turn compensation into an automatic payment and does not eliminate the analysis of the other evidence.

Common fault and the contribution of the injured person

If the injured person contributed through their act to the production or aggravation of the damage, the compensation may be reduced under Article 1.371 of the Civil Code. The effect depends on circumstances and evidence; not every deviation by the victim automatically removes the right to compensation. Special rules regarding liability for the act of another person or for things may also be possible, which may change the usual analysis of culpability.

What evidence to keep

  • medical documents, invoices, evidence of lost income and expenses;
  • photographs, recordings, witness data and written records about the circumstances of the incident;
  • for a road accident: the amicable settlement or police documents, vehicle documents, the insurer’s offer, the bills and repair invoices;
  • for the replacement car: the rental contract, proof of payment and documents showing the period of unavailability.

If the insurer's offer does not cover the damage

Request in writing the calculation of the compensation and the justification of the insurer’s position. Compare the offer with the documents and keep the correspondence. You can use the available petitioning or dispute resolution channels and you can file a lawsuit, observing the applicable deadlines. The insurer’s and the guilty party’s liability is determined by law and the concrete circumstances; avoid assuming that the same amount can be recovered twice for the same damage.

Official sources: Civil Code, Art. 1.349, 1.357, 1.371 and 1.381–1.386; Law no. 132/2017 on motor third-party liability insurance; ASF Norm No. 20/2017, including the rules about non-use.

Informational material, not individual legal advice. The determination of liability, damages and deadlines depends on facts, acts and the applicable law.