​While the police have opened a criminal investigation and are looking for the drivers of the cars damaged by the avalanche near Capra’s house in Argesh district, which they reached on a road closed to public traffic, we wanted to know if the owner of the car has CASCO insurance, or if you will receive compensation in this case. Some can, others cannot, depending on the insurance contract, say the ASF and insurers.

ASF: If access to a road closed to public traffic is not excluded, the insurer will be obliged to indemnify

The Financial Supervisory Authority (ASF), which oversees the insurance market, says CASCO insurance is an optional product and has no legal power to intervene, contractual terms are set by insurers, possibly after discussions with the insured customer.

• “Risk coverage is different for different insurers, and even one insurer may have several types of CASCO contracts with additional coverage.
• For example, a standard contract may not cover water in the engine, but on the basis of an additional premium and on the basis of additional special conditions, this risk may be covered. Likewise in other situations.
• So, to see what risks are covered in the situation you describe, one would need to check whether the relevant vehicles are CASCO insured and if so, one would need to see what exactly those contracts contain in the exclusions.
• If the situation is described (driving on a road closed to public transport) does not fall under special exclusions or if it does not fall under another general exclusion, the insurer will be obliged to indemnify the losses.
• Therefore, everything depends on the risks provided for in the contract and exclusions, and clarifications regarding coverage or waiver of losses can only be made after analyzing CASCO insurance contracts (if any).
• Also, a situation may arise when the contract of one insured covers this situation, and the contract of another does not cover it. Therefore, everything depends on the terms of the contract of each policyholder.”, ASF representatives informed HotNews.ro about this.

Allianz-Tiriac: Insurance can also cover damage caused in an avalanche parking lot before or after legal bans are in place

What do insurance companies say? HotNews.ro sent inquiries to the main car insurers, and the answers from some of them show that in fact everything depends strictly on the terms of the CASCO insurance contract.

Allianz-Țiriac Asigurări, the second largest insurance company in Romania after Groupama, with a market share of general insurance (including RCA and CASCO at 19.24%), says its auto insurance can also cover such situations.

• “The complete car insurance package (CASCO and RCA) offered by Allianz-Țiriac covers a wide range of risks that can cause damage to cars, from damage caused by natural phenomena such as storms, avalanches or hail, to damage caused by traffic or made in the parking lot, the author is unknown.
• The insurance can be activated depending on the type of product of the insured, as well as in the specified event of damage caused by an avalanche. Allianz-Țiriac insurance can also cover damage caused in an avalanche parking lot before or after legal restrictions are in place. Avalanche risk is included in the Allianz-Țiriac insurance contract, in which case the company will strictly apply the provisions of the insurance contract.
• As a rule, insurance is designed to protect the insured’s property from unforeseen situations, the responsibility for possible violations of some legal norms lies with the insured, who, in a situation where his guilt is proven, is subject to sanctions in accordance with current legislation. . In other words, insurance does not exempt the insured from liability.
• The insurer cannot replace the state authorities – if there is a fault, it is or will be sanctioned accordingly by the competent authorities. For example, depending on the case, the police revoke driving licenses or impose fines for offences, the judge passes a sentence according to the law, etc. representatives of Allianz-Țiriac Asigurări explained.

Omniasig: In exchange for paying an additional premium, compensation can be provided for damage caused off public roads

And Omniasig VIG, the fourth largest player in the general insurance segment (15.30% market share), says CASCO products can also provide compensation for damages caused to cars when they are used off public roads, i.e. on private roads or sections of roads appointment.

• “As a rule, the CASCO policy provides for standard coverage of events that occurred during the use of the vehicle on public roads. At the same time, for example, Omniasig includes an additional clause in the terms of the CASCO policy, by means of which it offers additional coverage for damage caused to the vehicle in the event of driving off public roads, in exchange for the payment of an additional premium.
• Thus, on the basis of this additional provision, Omniasig provides compensation within the limits of the insured sums specified in the policy for damages caused to the vehicle in case of use off public roads, respectively on roads or private road sectors.”, This was reported by representatives of Omniasig to HotNews.ro.

Regarding the granting or non-granting of compensation under the CASCO policy for cars damaged by this avalanche, Omniasig representatives point out that this is a non-binding contract that represents a legal relationship between the insured and the insurer.

• “Thus, the payment of compensation is determined by the available coverage in the concluded policy. A specific exception applicable to a situation such as the present would result in the dismissal of the claim file.” says the insurer.

Criminal case after avalanche at Cabana Capra / Police are still looking for tourists who climbed there in their cars, although the road is closed

Police in Arges announced on Tuesday that they have opened a criminal case for fraud after more than 70 people got stuck in Cabana Capra on Transfăgărăşan after an avalanche, tourists arrived there on a section of the road closed to traffic.

According to the data previously sent to IPJ Argeş, Transfăgărășanul is closed to traffic from the 104th kilometer until October 30, 2022, as indicated by the signs along the DN 7C, as well as the sign and barrier at the 104th kilometer. Although the road to Kabana Pass was closed to traffic, at the time of Saturday evening’s avalanche there were 72 people in the cabin – 57 tourists and 15 employees of the complex.

Tourists’ cars are still stuck in the snow at Cabana Capra

On Tuesday, Arges police announced that officers from the Albestia de Arges rural police department are investigating a criminal case under the supervision of the Court of Curtia de Arges prosecutor’s office for fraud.

The police also say that checks are being carried out to identify the drivers of the cars that were affected by the avalanche.

• “At the moment, the identities of the people who were at the tourist accommodation facility have been established, and 14 vehicles have been identified, but by the time of issuing this notice, they could not be removed in order to find out the damage and arrange it. legal documents,” he said with reference to a source.

According to the law, the period of application of sanctions to drivers is six months. Drivers who drive onto a closed road risk losing their license for 60 days and may receive fines from 870 to 1160 lei, corresponding to 6-8 penalty points.