Moral Damages After a Road Accident in Romania — Trauma Score Calculation [2026 Complete Guide]
Why This Matters
Before 7 September 2022, Romanian courts set moral damages at their own discretion. Identical cases produced awards differing by a factor of 300. Order ASF/MS no. 1/2.293/2022 replaced judicial subjectivity with a standardised, medically‑grounded scoring system — the trauma score (punctaj traumatologic) — developed by the National Institute of Forensic Medicine "Mina Minovici" in Bucharest. Every road‑accident bodily‑injury claim filed on or after 7 September 2022 must now be quantified under this system, whether settled extrajudicially or litigated.
The formula is simple. The amount is not.
1 trauma point = 2 × gross minimum wage at the date of the accident.
In 2026 this means RON 8,100 per point (January–June, wage RON 4,050) or RON 8,650 per point (July–December, wage RON 4,325). With a maximum score of 200, the ceiling for moral damages alone reaches RON 1,730,000 (approximately EUR 348,000). Medical costs, lost income, rehabilitation, and aesthetic damages are claimed separately and are uncapped.
The Legal Architecture
The trauma‑score regime sits within a broader legislative framework governing road‑accident compensation in Romania.
Order ASF/MS no. 1/2.293/2022 (Official Gazette, 7 September 2022) establishes the scoring system, the Annex with point tables for every injury type, the evaluation procedure, and the accreditation requirements for evaluating doctors.
Law no. 132/2017 on compulsory motor civil liability insurance provides the formula linking a trauma point to twice the gross minimum wage (Art. 22(5)(b)) and sets the overall liability limits: EUR 6,450,000 for bodily injury per event and EUR 1,300,000 for property damage.
HG 146/2026 (effective 1 July 2026) raises the gross minimum wage from RON 4,050 to RON 4,325, automatically increasing the per‑point value mid‑year.
Civil Code Art. 1381–1395 governs the general right to full reparation of bodily harm, including patrimonial (medical, income, capacity) and non‑patrimonial (moral) damages.
FSA Norm no. 20/2017 (Art. 16–17, 29) regulates claim procedures, documentation, and insurer obligations toward trauma‑score assessments.
How the Trauma Score Works — The Three Components
Scores the direct physical damage at the moment of impact and the immediate treatment phase.
- Soft tissue: ecchymosis (0–0.5), lacerations (1–4), crush wounds (2.5–4)
- Fractures: simple (2–5), comminuted (5–8), open with brain involvement (8–25)
- Organ damage: spleen rupture (6–10), liver laceration (6–12), lung contusion (4–8)
- Burns: Grade 2 <30% (6), Grade 3a >20% (11), Grade 4 >15% (15–30)
- Cerebral: concussion (0–2), contusion (3–12), diffuse axonal injury (10–12)
Scores medical complications that arose during treatment and recovery — not the initial injury.
- Infection: wound infection (0.5–1), sepsis (5–6), osteomyelitis (3–5)
- Haemorrhage: requiring transfusion (1–3), intracranial re‑bleeding (4–7)
- Surgical complications: hardware failure (2–4), revision surgery (3–5)
- Thrombosis: DVT (2–4), pulmonary embolism (5–8)
- Neurological: CSF fistula (2–8), hydrocephalus requiring VP shunt (15–20)
Scores lasting functional deficits after maximum medical improvement (assessed 6–18 months minimum, 2–3 years for nerve injuries).
- Motor: mild limb impairment (3–12), paralysis of one limb (40–80), hemiplegia (85–90)
- Cognitive: mild (10–20), moderate (20–50), severe (50–75)
- Psychological: PTSD (1–40), personality disorder (10–75), depression (5–25)
- Sensory: vision loss one eye (25–35), bilateral (70–80), hearing loss (10–40)
- Maximum: persistent vegetative state = 200 (ceiling by definition)
Injury Categories and Point Ranges (Annex to Order 1/2.293/2022)
The Annex provides exhaustive scoring tables for every anatomical region. The following summary illustrates typical ranges.
Soft tissue injuries: Ecchymosis (0–0.5 pts LT), lacerations (1–4 pts LT), crush wounds (2.5–4 pts LT). Complications: infection (0.5–3 pts CP), massive haemorrhage requiring transfusion (1–3 pts CP). Permanent consequences: trophic disorders (2–8 pts CPP).
Fractures — Cranium: Linear simple (2–3 pts LT), comminuted/complex (5–8 pts LT), open with brain injury (8–25 pts LT). Extradural haematoma (5–12 pts LT), intracerebral haematoma (6–20 pts LT). Permanent: cognitive impairment mild (10–20 pts CPP), moderate (20–50 pts CPP), severe (50–75 pts CPP), persistent vegetative state (200 pts CPP).
Fractures — Facial (Le Fort system): Le Fort I (6–8 pts LT), Le Fort II (7–9 pts LT), Le Fort III (9–10 pts LT), comminuted facial fractures open into cavities (9–11 pts LT).
Peripheral nerve injuries: Neurapraxia (0–8 pts LT), axonotmesis (2–11 pts LT), neurotmesis (6–18 pts LT). Permanent: total brachial plexus paralysis (70–80 pts CPP dominant), hemiplegia (85–90 pts CPP), paraplegia/tetraplegia (see spinal injuries).
Burns: Grade 2 covering 3–30% body surface (6 pts LT), Grade 3a covering 10–20% (9 pts LT), Grade 4 over 15% (15–30 pts LT). Additional points for each 5–10% extra surface.
Spinal injuries: Complete paraplegia, complete tetraplegia — scored under permanent consequences at 75–95+ pts CPP depending on level and completeness.
Psychological consequences (CPP): PTSD (1–5 pts for mild, up to 30–40 for severe), organic personality disorder (10–75 pts), reactive depression (5–25 pts), chronic pain (5–10 pts), sexual dysfunction (5–10 pts).
Aesthetic Damage — The Greff/Hodin Method
Aesthetic (cosmetic) damage is scored separately using a derivative of the Greff and Hodin methods. The evaluation cannot be performed earlier than 12–18 months after the accident (all therapeutic options must be exhausted first).
Facial zone: The face is divided into 122 sectors (72 anterior, 25 per lateral profile). For each affected sector, a base coefficient (C) is assigned: 1 for complete/over 50% involvement, 0.5 for partial, 0.25–0.5 for linear scars. This is then multiplied by correction coefficients: F (fracture deformity, ×2 if relief altered), R (surface level: 1 flat, 1.5 hypertrophic, 2 keloid/retractile), P (orientation: 0.5 parallel to skin tension lines, 1.5 perpendicular), c (colour: 1.25 if visibly different at 3 m), T (texture: 1.33 if rough/irregular/tattooed).
Formula per sector: Cs = C × F × R × P × c × T (maximum per sector ≈ 10).
Inclusion in total score: Ca = ΣCs / 50 (facial) or ΣCs / 150 (body).
Practical maximums: Facial aesthetic damage can reach approximately 40 points. Body (excluding face, surface 1.55 m²) can reach approximately 80 points.
Non‑facial body: 1 sector = 5 cm². Same coefficients apply but divided by 150 instead of 50.
Who Performs the Evaluation?
The trauma score is determined exclusively by accredited medical expert evaluators. These are specialist or primary doctors in one of three categories: forensic medicine (medicină legală), work‑capacity medical expertise (expertiză medicală a capacității de muncă), or doctors who completed the postgraduate course "Evaluation of bodily injury in case of traumas associated with road traffic incidents."
The evaluation is performed at the request of the injured person, the RCA insurer, BAAR, or the Guarantee Fund (FGA). It is a paid service. The evaluator issues an insurance‑medicine assessment report (raport de evaluare în medicină de asigurări).
If new clinical, functional, or laboratory elements appear after the initial evaluation, a new examination can be requested. The evaluation for permanent consequences (CPP) should be performed only after medical stabilisation — typically 6–18 months post‑accident (longer for nerve injuries: 2–3 years recommended for definitive assessment).
Monetary Calculation — 2026 Values
The formula converts points into money at a rate pegged to the national gross minimum wage.
January – June 2026: Gross minimum wage = RON 4,050/month. One trauma point = 2 × 4,050 = RON 8,100. Maximum (200 pts) = RON 1,620,000 (≈ EUR 326,000 at 4.97 RON/EUR).
July – December 2026: Gross minimum wage = RON 4,325/month (HG 146/2026). One trauma point = 2 × 4,325 = RON 8,650. Maximum (200 pts) = RON 1,730,000 (≈ EUR 348,000).
Strategic implication: If your accident occurred in the first half of 2026, but the claim is filed or decided after 1 July, the applicable wage is the one from the date of the accident. However, for ongoing claims or claims near the wage‑increase boundary, timing the trauma‑score assessment and claim submission can make a material difference. Consult a specialist.
What Is NOT Included in the Trauma Score
The trauma score covers moral damages only (non‑patrimonial suffering). The following categories are claimed separately and are subject to no legislative cap.
Medical costs: hospitalisation, surgery, medication, prosthetics, physiotherapy, home care. Lost income: salary difference during incapacity, future lost earnings (capitalised). Rehabilitation: physical therapy, occupational therapy, psychological counselling. Replacement vehicle: up to 30 days (insurer obligation). Loss of earning capacity: calculated on projected career earnings. Funeral and related costs (in fatal accidents). Maintenance and dependency claims (fatal accidents — Art. 1390 Civil Code). Property damage: vehicle repair/total loss, personal effects.
Estimated total: ≈ RON 184,100 (EUR 37,000)
Estimated total: ≈ RON 1,372,800+ (EUR 276,000+)
Total claim potentially exceeds EUR 1,000,000
Estimated total: ≈ RON 314,500–354,500 (EUR 63,000–71,000)
Estimated total: ≈ RON 892,800 (EUR 180,000)
Challenging the Trauma Score
The initial evaluation by the insurance evaluator is not binding. If you disagree with the assigned score, you may request a judicial expert report during court proceedings. Courts appoint an independent forensic medical expert who may assign a different (usually higher) score. In practice, court‑appointed scores exceed insurance‑side scores by 15–40% in contested cases.
Additional options include obtaining a second private evaluation (from a different accredited evaluator) or requesting an inter‑disciplinary commission (e.g., combining forensic medicine, psychiatry, and orthopaedics) for complex poly‑trauma cases.
Court Jurisdiction and Timeline
Claims based on trauma score follow standard RCA litigation rules. Tribunal for claims valued under RON 1,000,000; Court of Appeal for claims at or above RON 1,000,000. Final appeal to the High Court of Cassation and Justice (on points of law only).
Typical timeline: filing → assignment of expert (2–4 months) → expert report (4–8 months) → first‑instance judgment (18–30 months total from filing) → appeal (12–18 months). Total: 2.5–4 years if contested.
Court stamp fees follow OUG 80/2013 progressive scale. For a RON 800,000 claim: RON 6,105 + 1% of (800,000 – 250,000) = RON 11,605 (recoverable from the losing party).
Fatal Accidents — Special Rules
In fatal road accidents, the trauma score is not applied (the victim cannot be evaluated). Instead, moral damages for surviving family members are assessed by the court under Art. 1391 Civil Code (non‑patrimonial harm suffered by close relatives). Typical awards (Romanian court practice, 2023–2025): EUR 25,000–80,000 per close family member (spouse, child, parent), depending on the quality of the relationship, dependency, and circumstances. Multiple family members can claim concurrently.
Additionally, Art. 1390 Civil Code provides for maintenance claims (capitalised future support) for dependants — minor children, elderly parents, surviving spouse without income.
Strategic Recommendations
Time your evaluation carefully. CPP should be assessed only after maximum medical improvement — rushing it results in lower scores. For nerve injuries, wait 2–3 years.
Monitor wage increases. If your accident occurred in June 2026 but the claim is decided in July, the January–June rate applies (date of accident). However, for accidents in late June with injuries assessed in July, the interpretation can favour the higher rate — seek advice.
Never accept the insurer's first evaluation. Insurance‑appointed evaluators tend to assign conservative scores. Always obtain an independent assessment and reserve the right to request a judicial expert.
Document everything from day one. Medical records, imaging, prescriptions, therapy notes, psychological evaluations — each contributes to the evidence base supporting a higher score.
File a criminal complaint. If the accident caused serious bodily injury (over 90 days care), it constitutes a criminal offence (Art. 196 Criminal Code). The criminal file produces forensic reports that directly feed into the trauma‑score assessment.
Consider aesthetic damage separately. Many claimants overlook the Greff/Hodin method. Facial scars, even "minor" ones, can add 5–25 points.
FAQ
Q: Can I choose when to have the trauma‑score assessment? A: Yes. You request the evaluation — it is not automatic. We recommend waiting until medical stabilisation (6–18 months). For permanent nerve damage, 2–3 years.
Q: Does the insurer pay for the evaluation? A: No. The initial evaluation is at the claimant's expense (typically RON 1,500–5,000 depending on complexity). However, if you litigate and win, the court orders the insurer to reimburse all assessment costs.
Q: Can the score change over time? A: Yes. If new clinical elements appear (e.g., epilepsy develops 2 years post‑TBI), a new evaluation can be requested. The supplementary score is added to the original.
Q: Is there a separate score for each body part? A: The Annex assigns specific point ranges to every injury type across all body regions. They accumulate. A person with multiple injuries in different regions sums all scores up to the 200‑point ceiling.
Q: What if the victim dies later from injuries? A: The claim converts from a bodily‑injury claim to a fatal‑accident claim. Family members inherit the right to claim moral damages (court‑assessed) plus patrimonial damages (maintenance, funeral costs, medical costs incurred before death).
Q: Does this system apply to accidents before September 2022? A: The Order applies to claims filed or still pending (not definitively resolved) after 7 September 2022, regardless of accident date. It also applies retroactively to cases in progress.
Q: Are psychological injuries scored? A: Yes. CPP includes PTSD (up to 30–40 pts), organic personality disorder (up to 75 pts), depression, sleep disorders, chronic pain, and sexual dysfunction. These require psychiatric evaluation by an accredited expert.
Q: What about children? A: Same scoring system applies. Courts may award additional amounts above the trauma score for the impact on development, education, and future earning potential. The statute of limitations begins running only at age 18.
Conclusion
The trauma‑score system represents the most significant reform in Romanian road‑accident compensation law in decades. It eliminates subjective judicial assessment, provides predictability, and — critically — allows victims to quantify their claim before filing. Combined with the 0.2 %/day penalty for late payment and the EUR 6.45 million liability ceiling, it gives injured persons genuine leverage against insurers.
However, the system's technical complexity (over 200 pages of scoring tables, correction coefficients, and anatomical detail) means that claimants who navigate it without specialist assistance almost invariably leave money on the table. The difference between a conservative 40‑point assessment and a properly documented 72‑point assessment is RON 276,800 (approximately EUR 55,700).
Disclaimer: This guide reflects Romanian law as of May 2026 (Order ASF/MS no. 1/2.293/2022, Law 132/2017, HG 146/2026, Civil Code Art. 1381–1395, FSA Norm 20/2017, OUG 80/2013). It does not constitute legal advice. Each case requires individual assessment by qualified legal and medical professionals.
