​A young man (26 years old) driving a Volkswagen Passat insured by RCA in Euroins, driving at a speed limit of almost 90 km/h in the city, hit a cart from behind, as a result of which the driver died, and his wife, a 63-year-old woman received injuries 3 years after the accident, the woman developed post-traumatic dementia, for which the first court recently ruled that she should receive moral damages of 300,000 lei for the RCA of the at-fault driver.

The tragic incident happened in the summer of 2018 in the city of Alt County

According to the data published on the court portal, the specified accident happened one morning, in the summer of 2018, in Fălcoiu district, Olt County.

A 26-year-old man, driving a Volkswagen Passat insured by RCA at Euroins, carelessly and speeding on the spot drove into an undercarriage moving ahead at nearly 90km/h.

The driver, who was in a state of alcohol intoxication, and his wife, a 63-year-old woman, were thrown onto the road from the impact. The driver died, and the first forensic medical conclusions showed that his 63-year-old wife received “traumatic injuries from collisions and impacts with solid objects, which require 75-80 days of medical care.”

Partly to blame is also the trolley, which was moving on a road of state importance, a section of the road on which the movement of heavy vehicles is prohibited, was in a state of alcohol intoxication and did not drive on the side of the road, which is why the percentage of guilt was preserved in the task of the young man was 80%.

The young man received a suspended sentence, and the old woman’s condition worsened

The young man who caused the accident was convicted of involuntary manslaughter and sentenced to 3 years of probation, but during the prosecution, the old woman’s health deteriorated.

• “Subsequently, according to the results of the forensic medical examination of the victim 3 years after the accident, it was established that the victim F….. A……… acquired a mental disability caused by post-traumatic dementia between the traumatic injuries received as a result of the accident on 07/29/2018, and the mental defect caused by dementia, there is a cause-and-effect relationship,” according to information from the case pending before the Caracal court.

The old woman demanded from the court 500,000 lei in moral damages and 10,000 lei in material damages.

During the criminal investigation, also stated in the unfinished material, the old woman became a civil participant in the criminal process, and during the trial, she specified her demands from the civil side, demanding the sum of 10,000 lei as compensation for material damages. and the amount of 500,000 lei as compensation for moral damage.

The court rejected his claim for compensation of 10,000 lei for material damages for the following reasons:

• “Regarding the assessment of material damages, the court notes that the old woman did not specify specifically what they consist of, however, from the statements of witnesses and the civil plaintiff, it follows that it will refer to expenses related to medical care and compensation for the horse and cart destroyed as a result of the accident .
• However, the court notes that in this case it was not proven what the victim’s expenses were for medical care, she did not submit documents to the case confirming these expenses, simple testimony of witnesses is not enough. in this respect.
• At the same time, regarding the value of the horse and cart destroyed as a result of the road accident, the court notes that the defendant in this case was sent to court for committing the crime of intentional bodily harm, the direct consequence of which is damage to the health and physical integrity of the victim, the direct consequence of which is not the destruction of property.
• Therefore, since the evidence presented in the case failed to prove the presence of material damage caused to the victim by bodily injuries, and at the same time the accused was not brought to court for committing the crime of destruction, the court considers that the amount of 10,000 lei cannot be awarded to the civil plaintiff as compensation for material damage damage.”, – says the court document.

The court ruled that the old woman should receive moral damages in the amount of 300,000 lei under RCA Euroins insurance

Regarding the demand for compensation of 500,000 lei for non-pecuniary damage, the court emphasizes in its decision that “legislation and case law have not established precise criteria for determining non-pecuniary damage, but the court must always establish a balance between them and the amounts of money provided.” , so that it is neither a mock compensation nor an unjust enrichment of the civil parties.”

Before the accident, the old woman was raising her grandchildren, whose parents were working abroad

The court notes that “as it follows from the evidence presented in the case, on the civil side, the civil party certainly suffered moral damage caused by the suffering caused by the accident, until the moment of her hospitalization and other medical procedures, she underwent, underwent for healing.”

• “It should be noted that the victim had problems with movement (after discharge for a month he was forced to move in a wheelchair), he had to undergo several rehabilitation procedures and take painkillers.
• It should also be noted that at the time of the accident, the victim was 63 years old, she led an active lifestyle, worked in her own household, as well as for other people in exchange for money – activities that required (among other things) good neuromotor coordination, activities, which cannot be done during the recovery period, but also now.
• At the same time, before the accident, the victim was the one who took care of the family, brought up grandchildren, whose parents were away to earn money abroad.
• Also, from the testimonies of the witnesses, confirmed by medical documents from the case files, it became clear that the injured person was a healthy person before the accident, who did not undergo any treatment,” the article says.

How does the woman feel now and why did the court decide on a lower compensation

In addition, the court cites the current state of the old woman’s health and the reasons for which it decided to reduce her claims for moral damages.

• “Currently, the victim has developed post-traumatic dementia, which makes her dependent on neurological and psychiatric treatment and constant family assistance, including for physiological needs. In addition, her mental state worsened, manifesting itself in hallucinations, insomnia and amnesia.
• And last, but not least: as it follows from the medical documentation, the state of health of the injured person can no longer develop in a favorable way, but, on the contrary, significantly worsens, which means that the injured person will never return to his condition. health before the accident and its suffering is irreversible.
• Taking into account all these considerations, the court considers that the case requires an award of moral damages, but not in the amount demanded by the civil plaintiff, and the award of 300,000 lei in accordance with this Title is an effective compensation as well as a just compensation all non-material moral damages caused to the injured person as a result of the actions of the defendant”.

The payment of non-pecuniary damage in the amount of 300,000 lei was decided by the court in the case of Euroins, the RCA insurer of the driver responsible for the accident.

Who will pay moral damages to the old woman after the bankruptcy of Euroins

Data from the court portal show that the Caracal court made such a decision in January of this year, and all three parties – the young man, the old woman and Euroins filed an appeal, the trial is ongoing.

The problem is that in the meantime Euroins, the former RCA leader with almost 2.8 million RCA policies in force, has entered bankruptcy proceedings.

The Financial Supervisory Authority (ASF) decided on March 17, 2023 to withdraw the authorization to operate and apply for bankruptcy of this insurance company after it was revealed that the company will have a capital shortfall of more than 400 million euros.

The Insurers’ Guarantee Fund (FGA) has been appointed to manage the bankrupt insurer, which will also take care of the payment of compensation to the beneficiaries of Euroins, within 500,000 lei for each insurance contract.

In this case, after the final decision of the court, the old woman will have to submit a motivated demand for payment with attached supporting documents to the Federal Tax Administration.

The FGA has the right to start paying amounts to insurance creditors (insureds, beneficiaries, third party victims) only 60 days after the date of publication in the Official Gazette (March 17, 2023) of the ASF’s decision to withdraw the authorization of Euroins. .

The policy of RCA “Euroins” will be valid until the court makes a decision on the opening of proceedings in the bankruptcy case of “Euroins”. Once this decision is made in court, the immediate effect is that within 90 days all Euroins policies are terminated by operation of law.

Read also about other real cases of RCA damage:

• Real RCA Tort Case: How much money is being claimed for a 4-car accident in Constanta
• You’re in a taxi, UBER or STB bus that crashes: who pays if you’re injured?
• 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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