​A driver sued RCA for significant non-pecuniary damage he suffered as a result of an accident in which his Dacia Duster car, which he was driving legally, ended up in the fence of a church on the opposite side of the road after colliding with another car. Claims for damages in this accident, in which 4 cars were involved, are being considered in the court of Constanta.

Most of us only look at the price when we take RCA compulsory car insurance for the car, and we do not imagine how important it is in the tragic event that we cause an accident in which even relatives or friends we transport them.

• Car liability insurance (RCA) aims to cover damages caused by you and your car to third parties, whether it is property damage or bodily injury, moral damage and even death.

There are also several insurers who talk about the RCA damages they have to pay, precisely because any compensation demanded by the victims means lost time and money, including through the courts with lawyers, because of the refusal to pay these damages.

A random search on the court portal shows that there are a lot of such cases in which the victims of the RKA demand compensation for moral damages as a result of a road accident.

How there was an accident involving 4 cars on DN2A: two drivers are to blame

Such a serious accident, which is still under consideration by the court, occurred in May 2019 on the national road DN2A, which connects the cities of Urzichen and Constanta.

This case is reported in the judicial practice bulletin for 2022 of the Court of Constanta.

• VIEW THE COURT DOCUMENT HERE (506 KB)

The claimant, who was driving a Dacia Duster, told the court how in May 2019, while he was driving legally on the DN2A, he collided with an oncoming Opel, crashing into a church fence.

The main culprit of the accident was the driver of an Opel car insured by RCA at Grawe Asigurări, who wanted to turn left due to the continuous double longitudinal marking, while in lane no. 2 walking.

At that moment, he was hit from behind by a Mercedes-Benz minibus insured by RCA with the Dutch insurance company ASR Schadeverzekering NV, which was coming from the same direction.

The plaintiff also clarified that after the impact, the Mercedes-Benz minibus veered to the right, colliding with the 4th car – a Honda Civic, which was driving in the same direction, along lane #1. 1.

The auto-technical examination carried out in this case confirmed that the main culprit (55%) is the Opel driver who stopped to turn left due to continuous double markings.

The second culprit in the share of 45% was the driver of a Mercedes-Benz minibus, who, due to inattention, did not notice a change in traffic in time and tried to avoid a collision, narrowly missing, without signals and insurance. from the 2nd lane to the 1st lane, hitting a Honda Civic car.

The victim, RCA, is seeking 30,000 euros in damages

After the accident, the driver who was legally driving the Dacia Duster (not the plaintiff) applied to the court to order Grawe Asigurări to pay 3,849 lei for material damages and 30,000 euros for moral damages.

He noted that as a result of the road accident, he received bodily injuries that required 35-40 days of medical care, according to the expert’s report drawn up in the criminal case. (in the end, the article was qualified on the basis that the act is not provided for by the criminal law)

He claimed in court that the material damages amount to 3,849 lei, consisting of the cost of medical examinations and treatment, the difference in salary for the months he was on medical leave, and the costs incurred in the criminal case.

Regarding non-pecuniary damage, the claimant stated that the amount of €30,000 was justified by reference to the physical suffering he had suffered over a long period, the surgery he had undergone, the inability to use his left leg normally, and the fact that, as the driver of UM02154 Constanţa, he could no longer carry out this activity, an aspect that caused him both material and moral damage.

Grawe Asigurări claims to take responsibility for the payment of damages and the insurer in the Netherlands

In the process, Grawe Asigurări, the RCA insurer of the Opel driver, the main culprit of the accident, applied to the court to summon ASR Schadeverzekering NV, the Dutch insurance company of the second culprit of the accident, the Mercedes driver. van – Benz.

In this request, which was later accepted by the court, Grave required the insurer in the Netherlands to pay him a portion of the damages awarded by the court in proportion to the van driver’s degree of fault.

The court decided to compensate moral damage, but reduced it to 15 thousand euros

In a first-instance decision, the Constanța court decided last May that Grawe Asigurări should pay the plaintiff 2,869 lei in material damages, less than the 3,849 lei he had claimed.

The reduction of claims was made after checking the vouchers, receipts and invoices attached to the case.

As for moral damages in the amount of 30,000 euros, which the plaintiff claims, the court shows how it is determined:

• “Moral damages differ from material damages in that they are not proven, but are determined by the court through assessment according to the specific circumstances of the case, and they must be reasonable, and their assessment and quantification – fair and equitable, to correspond to the real and actual moral damage caused to the victim and suffered by him, in such a way that the person who has the right to demand and receive moral damage is not unjustly enriched, but also not ridiculed.”

Witness in the case: At the time of the accident, the plaintiff’s wife was pregnant

It can also be seen from the court document that during the trial “witness Brisyuk ####### was heard, who reported that at the time of the accident, the plaintiff’s wife was pregnant, which was a difficult moment for the plaintiff, who was in office. father and the head of the family, and even without his parents around, it was necessary for friends to be with him and his wife.”

• “The witness noted that before the accident the plaintiff was an open, cheerful person, and even if he remains so now, it is clear that the plaintiff has a certain restraint. The witness also stated that for several months after the accident, the plaintiff had trouble walking, the witness helped him perform various activities in the yard, during which he noticed that the plaintiff was limping, getting tired more quickly, and working harder.
• In the end, the witness clarified that the plaintiff is psychologically affected by the fact that twice a year sports meetings are organized at his work for promotion, and after the accident the plaintiff lost his physical capabilities. participate in this evidence.”, – says the court document.

How did the court justify the reduction of moral damages to 15,000 euros

Regarding the amount of compensation, the court ruled that it should also be related to the age of the claimant, his family relationship and opportunities for professional development, but the decision was that the amount of €30,000 was disproportionate.

Here is the rationale:

• “Constitutes compensation for non-pecuniary damage in the need for regular visits to hospital departments for intervention and provision of medical care, which were necessary after the injuries received, temporary reduction of his working capacity, running his own household, providing real assistance to his pregnant wife, all this. these constitutive factors deprived the claimant of the opportunity to naturally participate in public life and enjoy the benefits of this part and proper peace.
• However, the amount of non-pecuniary damage claimed in the amount of 30,000 euros is disproportionate to the damage suffered by the plaintiff, considering that the purpose of non-pecuniary damage is mainly to compensate the mental suffering caused to the plaintiff by illegal actions, and when determining their level, such factors cannot be ignored elements such as the general standard of living of society and the specific socio-economic conditions at the time of the award, as well as the fact that monetary amounts awarded as moral damages must have a compensatory effect, they cannot mean excessive fines for those guilty of causing damage and not have unjustified income for their victims, the institution of tortious civil liability cannot turn into a source of unjust enrichment.
• Taking into account the evidence presented in the case, the testimony of the witness, the conclusions of the forensic medical examination, according to the results of which medical assistance was provided for 35-40 days, the court considers that the amount of 15,000 euros (. .) for compensation for moral damage caused as a result of a traffic accident accident, it represents a proportionate and fair value of compensation for the suffering suffered by the plaintiff, in relation to the number of days of medical care he needed to treat the injuries (35-40 days), as well as in relation to the actual injuries, age and family background of the applicant (..)”.

Thus, the Konstanz court decided that Grawe should pay €15,000 in moral damages to the injured RCA, but at the same time ordered the Dutch insurance company to bear 45% of the total loss, i.e. €6,750, according to the percentage of fault established for the driver of a Mercedes-Benz minibus. Material damages will be compensated in the same amount.

The decision, handed down in May 2022, could be challenged in an appeal within 30 days of notification, and data on the court portal shows that Grawe Asigurări filed an appeal last June.

Read also about other cases of RCA damage:

• Are you in an accident in a taxi, UBER or STB bus: who will pay if you are 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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