​Many Romanians do not know that they can claim compensation and even moral damages if they are injured while traveling in a taxi, UBER or shared public transport. Damages, which can reach millions of euros, are paid out by the RCA insurance of the car driven by the driver at fault in the accident, but in addition, taxi and ride-sharing drivers usually also have optional passenger accident insurance.

What compensation you can claim from RCA if you are injured in an STB taxi or bus accident

First, by law, no one is allowed to drive a car without compulsory car insurance (RCA), and this also applies to taxis, ride-sharing (UBER, Bolt) and shared cars . public transport, for example STB.

An RCA policy covers not only property damage, but also bodily injury, moral damage and death

Many of us forget when we take out compulsory car insurance (RCA) for a car that such insurance can save us not only from paying for material losses that we might have in the unfortunate situation where we cause a traffic accident, but also from hospitalization or expenses for the death of the victims.

One-time RCA insurance, which costs, say, 1,500 lei per year, can legally cover the following maximum expenses after an accident:

• 6.07 million euros for personal injury and death
• EUR 1.22 million in compensation for material damages

If you are at fault as a passenger, you may lose RCA compensation

HotNews.ro asked several insurers to explain with concrete examples what damages RCA can cover during trips by taxi or public transport.

Responses came only from Omniasig, the insurer, which warned that RCA insurance also has certain exceptions, meaning situations where compensation is not provided if the passenger is also at fault.

• “The RCA policy also covers damages resulting from bodily injury or death of certain people as a result of traffic accidents that occurred while they were travelers/passengers in shared public transport or during certain trips made by taxi or ride-sharing.
• In principle, in such cases, the RCA insurer of the vehicle driven by the driver, the culprit of the accident, who may be the driver of the vehicle in which the passenger was, or the driver of another vehicle, is responsible, and the injured parties must seek compensation from this RCA insurance company .
• It is also important to emphasize that damages caused in whole or in part due to the fault of the passenger are not covered depending on his causal contribution to the injury or death (for example, he was not wearing a seat belt, he was driving standing and not sitting on the seat if there were free seats, it was not supported by safety bars, etc.). Omniasig officials said.

Non-pecuniary damage is calculated taking into account the minimum wage

Regarding compensations awarded for non-pecuniary damage as a result of such cases, Omniasig also stated that “they are determined in the same way as for all personal injuries to be settled peacefully, respectively, based on the injury assessment introduced by the joint order of the ASF and the Ministry of Health .

• “Thus, the law provides that the compensation awarded by peaceful means is equal to twice the national minimum wage guaranteed in payment on the date of the accident, multiplied by the number of trauma points established on the basis of the conclusion of a medical examination issued by a doctor specializing in legal or functional evaluations
• The individual and total amount of compensation for non-pecuniary damage is constantly increasing, taking into account the method of its assessment using the value of the minimum gross salary in the country on the date of the accident, which is constantly increasing annually.
• Also, in the case of establishing in a court order compensation for moral damage, its amount is determined by the courts taking into account the specifics of the case and some general evaluation criteria.” representatives of Omniasig also clarified.

In addition to RCA, there is also passenger accident insurance: What amounts can be claimed in a taxi accident

In addition to RCA, officials of the Confederation of Authorized Operators and Transporters of Romania (COTAR) informed HotNews.ro upon request that all member taxi companies and driving schools have additionally taken out additional accident insurance for the passengers/travellers being transported. .

The representatives of COTAR sent us as an example the following insurance taken out in Asirom, which costs a little more than 40 lei per year and covers the following risks and insured areas, within which the insurer is responsible for each individual passenger/traveler:

• A. For death due to accidents: 2000 lei
• B. For permanent permanent disability due to accidents: 4,000 lei
• C. For medical expenses necessary for the treatment of permanent disability (maximum 10% of the insured sum from letter B) 400 lei
• D. For fractures due to an accident – 2000 lei
• E. For accidental burns – 2000 lei
• F. For temporary loss of working capacity due to an accident, which is paid in the form of daily allowance in the amount of 40 lei per day of hospitalization and recovery due to hospitalization, for a maximum period of 60 days during the insurance period.
• G. For damage, destruction or loss of luggage, as well as goods on passengers (maximum 5% of the insured amount from letter B.) 200 lei
• H. To cover the costs caused by the transportation of a deceased passenger due to an accident to the place of burial within (5% of the sum insured from letter A.) 100 lei

Victims can claim non-pecuniary damage on RCA: what record compensation was paid by CNAIR

A famous car accident compensation case occurred in 2014, when the Supreme Court of Cassation ruled that CNADNR (now CNAIR – National Road Infrastructure Management Company) must pay €1 million in damages to a young woman who lost right hand as a result of an accident, reports 1asig.ro.

It is about a car accident in 2006 and a young woman lost her arm after the car she was in collided with a damaged parapet.

According to the investigation that was carried out after the accident, the girl’s friend who was driving tried to avoid a collision with another vehicle that was entering their path, which has not been identified.

As a result, he lost control and the vehicle came to rest in a damaged metal parapet on the side of the road. The parapet broke through the right door of the car and entered the girl’s hand, so doctors had to amputate her hand.

The investigation lasted 5 years and clearly established that the girl’s friend was not to blame for the accident. Moreover, it was established that the culprit of the accident is the road administrator, i.e. TsNADNR, which did not repair that parapet for 2 years.

Broken arm due to accident: 135,000 lei damages paid to RCA

In the road accident that happened last fall, as a result of the road accident, a person received a fracture of the right arm, the driver who was driving the car in which he was was at fault.

In this case, as Defapt.ro writes, the injured person received in February of this year an amount of 135,405 lei as compensation for moral damage directly from the insurance company, without the need to open a new lawsuit, the agreement was concluded peacefully.

The victim in the road accident turned to the services of a law firm, which took measures to initiate criminal proceedings, with the aim of compensating moral damages as a result of the road accident, as a result of which he received bodily injuries.

The victim turned to the district forensic medical service, which, after a forensic medical examination, issued him a forensic medical certificate regarding the fractures in question.

• Read also about the compensation paid to RCA: Record losses on RCA: what accidents caused by 3 Romanian drivers last year in the UK, France and Greece and compensation paid to victims

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