After a road accident many victims receive less than they are owed, or claim nothing at all, simply because they do not know the process. A guide to who can claim, what material and non-pecuniary damages cover, and what to do when the insurer's offer is too low.
At a glance
Who can claim: driver, passenger, cyclist or pedestrian, where someone else was at fault
Who pays: in most cases, the third-party motor insurer of the person at fault
What is covered: material damages and non-pecuniary damages
The common problem: settlement offers below the real value of the loss
Who is entitled to compensation
You are entitled to compensation if you were the victim of a road accident caused by someone else, whether you were driving, a passenger, a cyclist or a pedestrian.
In most cases payment comes from the compulsory motor insurance policy of the person at fault, and it can cover the whole of your loss, not just the repair of the vehicle.
What can be claimed
Material damages
Direct financial losses that are readily quantified: vehicle repair costs, medical and rehabilitation expenses, and income lost during sick leave or incapacity for work.
Non-pecuniary damages
Losses that are not financial: physical pain, psychological distress, the impact on personal and professional life, discomfort and temporary or permanent limitations.
These can be substantial, especially where there are injuries or long-term consequences. They are also the hardest to prove, which is why they are most often left unclaimed.
Where claims stall in practice
The compensation process rarely runs smoothly. Files are delayed, losses are valued below their real level, and offers cover only part of what was lost.
Without legal analysis it is difficult to tell whether the sum offered reflects everything you lost. A lawyer assesses the extent of the loss, handles the correspondence with the insurer and, if negotiation fails, brings court proceedings.
What to do straight after the accident
Documentation in the first days largely determines the value of the claim. The accident report, photographs, witness details, medical records and evidence of lost income are the building blocks of the file.
Medical records matter for non-pecuniary damages too, because they turn suffering into evidence.
Frequently asked questions
How long do I have to claim?
The general limitation period for a damages claim is three years from when you knew of the loss and of the person responsible. Acting early also means better evidence.
The insurer offered a low amount. Do I have to accept?
No. The offer can be contested and, if negotiation leads nowhere, compensation can be claimed in court. Accepting an offer may limit later claims, so it is worth reviewing before signing.
Can I claim if I was a passenger?
Yes. Passengers are compensated under the motor policy of the driver at fault, including where that driver is the one whose car they were travelling in.
What are non-pecuniary damages and how are they assessed?
They compensate physical and psychological suffering. There is no fixed scale; courts look at the severity of the injuries, the length of recovery, permanent consequences and case law.
What if the person at fault has no insurance?
Compensation is claimed from the Romanian street victims protection fund, which covers uninsured or unidentified vehicles.
Do I have to go to court?
Not always. Many claims settle, but serious negotiation depends on the insurer knowing that court proceedings are the alternative.
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