​A driver is suing the RCA for significant moral damages for what he suffered as a result of an accident in which his car, a Dacia Duster, which he was driving legally, ended up in the fence of a church, following the impact with another car designed from opposite way. The damages claimed in this accident, in which 4 cars were involved, are pending before the Constanța Court.

Most of us only look at the price when we take out the mandatory RCA car insurance for the car and we have no idea how important it is in the tragic case that we cause an accident in which even relatives or friends who- we transport them.

• Car civil liability insurance (RCA) has the role of covering the damage you and your car cause to third parties, whether we are talking regarding material damage or bodily injury, moral damage and even death.

There are also few insurers who talk regarding the RCA damages that they have to pay, precisely because any compensation requested by the injured means lost time and money, including through courts with lawyers, for the rejection of the payment of those damages.

A random search on the portal of the courts shows that there are many such cases in which RCA victims claim moral damages following road accidents.

How a 4-car accident happened on the DN2A: Two drivers at fault

Such a serious accident, still before the court, occurred in May 2019 on DN2A, the national road that connects the cities of Urziceni and Constanța.

The case is reported in the jurisprudence bulletin for the year 2022 of the Court of Constanța.

The plaintiff, 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 Opel car traveling in the opposite direction, being projected into the fence of a church.

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

At that moment he was hit from behind by a Mercedes-Benz van, insured by RCA with a Dutch insurer – ASR Schadeverzekering NV, which was coming from the same direction of travel.

The plaintiff also specified that, following the impact, the Mercedes-Benz van would have been projected to the right, colliding with a 4th car – a Honda Civic, which was traveling in the same direction, on lane no. 1.

The automotive technical expertise report made in this case proved that the main culprit (55%) was the Opel driver, who stopped to make a left turn over the continuous double marking.

The second culprit, in the proportion of 45%, was the driver of the Mercedes-Benz van, who, due to inattention, did not notice the change in traffic in time and tried to avoid the impact by passing briefly, without signaling and insurance from the lane the 2nd on the 1st lane, hitting the Honda Civic car.

A damaged RCA is asking for moral damages of 30,000 euros

Following the accident, the driver who was legally driving the Dacia Duster (not the plaintiff) requested in court to compel Grawe Asigurări to pay material damages in the amount of 3,849 lei and moral damages in the amount of 30,000 euros.

He stated that as a result of the road accident he suffered traumatic injuries that required 35-40 days of medical care, according to the expert report drawn up in the criminal file. (in the end, the clause was classified on the grounds that the act was not provided for by the criminal law)

He argued in court that the material damages amount to 3,849 lei, composed of the value of the medical investigations and treatments performed, the difference in salary for the months in which he benefited from medical leave and the expenses incurred in the criminal case.

Regarding the moral damages, the plaintiff mentioned that the amount of 30,000 euros is justified by reference to the physical suffering suffered by him over a long period, the surgical intervention he underwent, the impossibility of using his left leg normally, as well as the fact that, as a driver of UM02154 Constanţa, he might no longer carry out this activity, an aspect that caused him both material and moral damage.

Grawe Asigurări requested to be liable for the payment of the damages and the insurer in the Netherlands

In the process, Grawe Asigurări, the RCA insurer of the Opel driver, the main culprit in the accident, made a request to the court to summon ASR Schadeverzekering NV, the Dutch insurer of the second culprit in the accident – the driver of the Mercedes van – Benz.

Through this request, later accepted by the court, Grawe requested that the Dutch insurer pay him a part of the damages determined by the court, in proportion to the degree of guilt of the van driver.

The court decided that moral damages were due, but reduced them to 15,000 euros

In the first instance decision, the Constanța Court decided last May that Grawe Asigurări should pay the plaintiff material damages of 2,869 lei, less than the amount of 3,849 lei he had requested.

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

Regarding the moral damages in the amount of 30,000 euros requested by the plaintiff, the court shows how they are determined:

• “The compensations that represent moral damages are distinguished from those for material damages in that they are not proven, but are established by the court through evaluation according to the concrete circumstances of the case, and they must be reasonable, their assessment and quantification to be fair and equitable, to correspond to the real and effective moral damage caused to the victim and suffered by him, in such a way that the person entitled to claim and receive moral damages is not unjustly enriched, but also not to be derided .”

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

The court document also shows that during the trial “witness Brisuc ####### 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 the position of father and head of the family and not even having his parents nearby, it was necessary for friends to be with him and his wife.”

• “The witness stated that before the accident the plaintiff was an open, cheerful person and even if he is still like that now, it can be seen that the plaintiff has some restraint. The witness also stated that for a few months following the accident the plaintiff’s walking was affected, the witness helping him with various activities in the yard, on which occasion he noticed that the plaintiff was limping, tiring more quickly, working harder.
• In the end, the witness specified that the plaintiff is psychologically affected by the fact that at his place of work, sports tests are organized twice a year in order to promote in the position, and following the accident the plaintiff no longer had the physical ability to participate in these evidence.”, the court document states.

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

Regarding the amount of compensation, the court held that it should also be related to the age of the plaintiff, to the family relationship he has and to the possibilities of professional development, but the decision was that the sum of 30,000 euros is disproportionate.

Here is the rationale:

• “Constitutes moral damages the need for regular visits to hospital units for interventions and medical care that were required following the injuries suffered, the temporary decrease in his capacity to work, to manage his own household, to offer real help to his pregnant wife, all these constituting factors that deprived the plaintiff of the possibility to participate naturally in social life and to enjoy the advantages of this part and the due peace.
• However, the amount of moral damages requested in the amount of 30,000 euros is disproportionate to the damage suffered by the plaintiff, considering that the purpose of moral damages is basically to compensate the mental suffering caused to the plaintiff by the illegal act, and when establishing their level, there is no can disregard elements such as the general standard of living of the society and the concrete socio-economic conditions at the time of awarding, but also the fact that the sums of money awarded as moral damages must have compensatory effects, they cannot constitute excessive fines for the perpetrators of the damages and no unjustified income for their victims, the institution of tortious civil liability not being able to turn into a source of unjust enrichment.
• Reported to the evidence administered in the case, to the witness’s statement, to the conclusions of the medico-legal expert report, which resulted in a number of 35-40 days of medical care, the court considers that the sum of 15,000 euros (..) to cover the moral damages suffered due to the road accident, it represents a proportional and fair value to compensate the suffering the plaintiff went through in relation to the number of days of medical care he needed to heal the injuries suffered (35-40 days), but also to the injuries actually caused, the applicant’s age and family background (..)”.

The Constanța Court thus decided that Grawe should pay 15,000 euros in moral damages to the injured RCA, but at the same time forced the Dutch insurer to bear 45% of the total damage, i.e. 6,750 euros, according to the percentage of fault established for the van driver Mercedes-Benz. Material damages will also be paid to the same extent.

The decision given in May 2022 might be challenged with an appeal within 30 days of communication, and the data on the court portal shows that Grawe Asigurări appealed in June of last year.

For other cases on RCA damages, read also:

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