Who may claim compensation after an accident
An accident victim may recover medical expenses, lost income and other losses, alongside compensation for physical or psychological suffering. Before amounts are assessed, the accident circumstances, responsible parties and applicable policy must be established.
Passengers may be covered even in the vehicle that caused the accident, subject to the law. The liable driver’s own compulsory motor liability policy does not cover that driver’s injury. Shared fault does not automatically exclude all compensation: a victim’s contribution to the accident or increased loss may reduce recovery.
Financial loss includes lost income
Treatment, rehabilitation, medical devices and care expenses must be documented and connected to the accident. Income lost through incapacity for work is financial loss. It should be distinguished from personal suffering even where both arise from the same injury.
For lasting consequences, periodic payments may be considered under the Civil Code. Separately, the vehicle owner may claim repair costs and proven loss of use. The injured party chooses an authorised repairer; using an insurer-approved garage is not mandatory.
Assessing non-material loss and family members’ rights
Assessment considers injury severity, treatment, permanent consequences and impact on personal life. For settlements, motor liability legislation provides trauma-score criteria with justified adjustments; these concern physical pain, while psychological trauma needs separate documentation. In court, medical, forensic, psychological and statistical evidence matters. There is no identical award for every accident.
In the event of death, persons designated by the Civil Code may have claims of their own. Since 19 December 2025, Article 1391(1), subject to its conditions, recognises the right of persons listed in paragraph (2) to seek compensation for restrictions on family and social life caused by severe, permanent and irreparable injury to the direct victim. The court examines the relationship, severity and nature of the effects and the law applicable on the accident date.
Documents supporting the claim
Where people are injured, emergency assistance and notification of the authorities come first. The subsequent file should coherently document both the accident and development of the loss. Keep new records arising during recovery.
- Accident records, insurance details and correspondence with the insurer.
- Medical and forensic documents, recommendations and relevant psychological assessments.
- Invoices, income evidence and records of care needs.
Offers, payment and penalties follow distinct rules
Under Article 21 of Law No. 132/2017, an insurer has 30 days from submission of the claim to make a reasoned offer where liability is established and loss quantified, or to issue a reasoned full or partial rejection. Investigations do not permit arbitrary extension.
Payment is due within ten days of acceptance of the offer or receipt of a final judgment or statutory settlement agreement. This is not ten working days automatically running from completion of the file. The law provides daily penalties of 0.2% subject to its conditions; for disputed personal injury and non-material loss, the court determines penalties and their payment.
The insurer, BAAR or the court
The claim is directed to the body responsible in the circumstances. For uninsured or unidentified vehicles, the Romanian Motor Insurers’ Bureau (BAAR) may be involved, subject to statutory conditions and exclusions. Absence of insurance does not mean personally pursuing the driver is the only option. Direct settlement through one’s own insurer excludes bodily injury.
If an offer is disputed, negotiation and court proceedings may be considered, including their relationship with criminal proceedings. Before accepting settlement, check whether it covers only certain sums or waives other claims.
Legal assistance with a compensation claim
Murar și Asociații can assess liability and documents, prepare a compensation claim, assist clients in negotiations and provide representation in court. A useful assessment starts with the accident date, available records, medical progress and any offer already received.
Useful questions
Can I receive compensation if I contributed to the accident?
Contributory fault is assessed on the evidence. Compensation may be reduced in proportion to the loss attributable to the injured person.
Can non-material damages only be awarded in court?
No. Settlement is also permitted. The assessment needs a proper basis, and any offer must be read together with conditions waiving further claims.
Legal sources
- Law No. 132/2017 on compulsory motor liability insurance, consolidated version — Articles 6, 11–13, 20–22, 26 and 33; includes amendments under Law No. 181/2025; consulted on 14 September 2026.
- Civil Code — Law No. 287/2009, consolidated version — Articles 6 and 1387–1392; Article 1391(1), amended by Law No. 231/2025, effective from 19 December 2025.
This analysis provides general information by reference to the sources and date stated. Advice on a specific situation depends on the documents, applicable law and any transitional rules.