Road Accident Compensation in Romania [2026] — Claim Procedure, Deadlines & Amounts
Context
Romania recorded the highest road fatality rate in the European Union in 2025 — 1,293 deaths and 3,125 serious injuries from 3,950 reported accidents. For foreign nationals living in, visiting, or doing business in Romania, the statistical probability of involvement in a traffic incident is materially higher than in Western Europe. In the event that occurs, Romanian law provides a comprehensive compensation framework that applies irrespective of the victim's nationality. This guide sets out the claim process, the available remedies, the applicable amounts, and the litigation pathway.
This is a preliminary indication only. The actual outcome depends on evidence, forensic assessment, and applicable case law. No attorney-client relationship is created by using this tool.
The Legal Framework
Compensation for road accident victims in Romania is governed principally by Law 132/2017 on compulsory motor third-party liability insurance (RCA). This legislation establishes a direct right of action by the injured party against the at-fault driver's RCA insurer — the victim need not sue the driver personally. The insurer is obligated to pay proven damages up to the policy's maximum liability limit.
The current minimum RCA liability limits, aligned with EU Motor Insurance Directive 2009/103/EC (as amended by Directive 2021/2118), are EUR 6,450,000 per event for bodily injury (regardless of the number of victims) and EUR 1,300,000 per event for property damage.
Moral (non-material) damages for bodily injury are quantified under a separate legislative instrument — Joint Order ASF/Minister of Health No. 1/2.293/2022 — which introduced a standardised trauma scoring system, replacing the previously unpredictable judicial discretion.
Call 112. Do not move vehicles until police arrive. Take photos and video of all vehicles, injuries, road conditions and licence plates.
Visit the emergency room immediately — even if injuries appear minor. Request a medico-legal certificate (certificat medico-legal) from the Institute of Forensic Medicine (IML).
Submit a written claim (cerere de despăgubire) to the RCA insurer of the at-fault driver. If uninsured/hit-and-run: file with BAAR. Include all evidence gathered.
The insurer must issue a justified offer or a reasoned refusal within 30 days. If no response: the insurer owes the full amount claimed plus 0.2% per day penalty (Art. 21 Law 132/2017).
An accredited medical evaluator (forensic doctor or qualified expert) assigns a trauma score (max 200 pts) using the standardised system introduced by Order 1/2.293/2022.
If the insurer refuses or under-pays, file a civil action before the Tribunal (claims < RON 1 M) or Court of Appeal (≥ RON 1 M). Request a judicial expert report early.
Once the court issues a final, enforceable decision, the insurer must pay within 10 days. If they default: forced execution against insurer's assets or bank accounts.
Step 1 — At the Scene
If you are involved in a road accident in Romania, the immediate priorities are safety and evidence preservation. Call 112 (single European emergency number) — police attendance is mandatory where there is bodily injury, fatality, or significant property damage. Where only minor property damage has occurred and both parties agree on fault, a European Accident Statement (constatare amiabilă) may be completed without police involvement.
Photograph all vehicles, the accident scene, road markings, traffic signs, and visible injuries. Obtain the at-fault driver's identity, vehicle registration, and — critically — RCA insurer name and policy number. This information appears on the RCA insurance sticker displayed on the vehicle's windscreen.
If you require medical attention, present to the nearest hospital emergency department. All medical documentation (admission records, imaging, surgical notes, discharge summaries) constitutes essential evidence for subsequent compensation claims and trauma score evaluation.
Step 2 — Filing the Compensation Claim
Under Article 20 of Law 132/2017, the injured party has the right to file a compensation claim (cerere de despăgubire) directly with the at-fault driver's RCA insurer. The claim may be submitted in person, by post, or by electronic means. There is no prescribed form — a written communication clearly identifying the accident, the injuries or damage sustained, and the compensation sought is sufficient.
To whom to address the claim:
The general rule is that the claim is filed with the insurer of the party at fault. However, three alternative scenarios exist. First, if both vehicles are insured, the accident involves only two vehicles, there is no bodily injury, and the victim's RCA policy includes the direct settlement option (decontare directă), the claim may be filed with the victim's own insurer. Second, if the at-fault driver is uninsured or unidentified, the claim is filed with BAAR (the Romanian Bureau of Motor Vehicle Insurers). Third, if the at-fault driver's insurer is insolvent or in liquidation, the claim is directed to the Insurance Policyholders' Guarantee Fund (FGA).
Supporting documentation typically includes: the police report or European Accident Statement, photographs, medical records, repair estimates or invoices (generated through a specialised evaluation system or by a licensed repair unit), proof of lost income, and any other evidence of expenditure directly caused by the accident.
Step 3 — The 30-Day Response Period
Article 21 of Law 132/2017 imposes a strict 30-calendar-day deadline on the RCA insurer from receipt of the claim. Within this period, the insurer must either issue a written, reasoned compensation offer (sent with confirmation of receipt) if liability is established and the damage quantified, or issue a written, reasoned refusal (in whole or in part) explaining why the claim is not approved.
If the insurer fails to respond within 30 days, it is deemed to owe the compensation by operation of law. This is a powerful statutory mechanism that effectively penalises insurer silence.
Upon acceptance of the compensation offer by the injured party, payment must be made within 10 calendar days.
Late-payment penalties: If the insurer fails to pay within the 10-day window, or pays less than the amount owed, penalties of 0.2 % per day of delay apply, calculated on the unpaid amount. For bodily injury claims subject to litigation, the court determines the applicable penalties.
Step 4 — Compensation for Bodily Injury: The Trauma Score System
Since 7 September 2022, moral damages for bodily injury resulting from vehicle accidents are no longer left to judicial discretion. Joint Order No. 1/2.293/2022 (ASF and Minister of Health) introduced a standardised trauma scoring system based on forensic medical evaluation.
How it works:
The system assigns a numerical score (maximum 200 points) across three parameters: the initial traumatic injury (LT), post-traumatic complications (CP), and permanent post-traumatic consequences (CPP). The evaluation is performed by accredited medical expert evaluators — specialist forensic medicine physicians or certified trauma assessment doctors — who examine the victim, review medical records, and issue an insurance medicine assessment report.
Value per trauma point:
Article 14 of Law 132/2017 (as referenced by the Order) provides that the value of one trauma point equals twice the gross minimum basic salary at the date of the accident.
In 2026, the gross minimum salary is RON 4,050 (January–June) and RON 4,325 (from 1 July). Therefore:
What the trauma score does not include: medical, surgical, and rehabilitative treatment costs. These are claimed separately and in addition to the trauma score compensation, supported by invoices and medical documentation.
Aesthetic damage is scored separately using a methodology derived from the Greff and Hodin methods, with distinct calculations for the facial area and the rest of the body.
Step 5 — Property Damage
For vehicle damage, the insurer evaluates the repair cost through a specialised evaluation system (such as Audatex or similar) or through documents issued by a licensed repair unit. The injured party is entitled to the cost of returning the vehicle to its pre-accident condition, including spare parts, labour, and ancillary costs.
Additional compensable items include: decrease in vehicle value following repairs (documented by expert opinion), towing costs from the accident scene to the evaluation centre or repair unit, a temporary replacement vehicle for the duration of repairs, and damage-limitation expenses.
In cases of total economic loss (where repair costs exceed the vehicle's pre-accident market value), the injured party may choose between: (a) repair up to the market value; or (b) settlement as total loss — receiving the difference between the market value and the residual (salvage) value.
| Damage Component | Legal Basis | 2026 Amount / Limit |
|---|---|---|
| Moral damages (trauma score) | Order ASF/MS 1/2.293/2022 | Up to RON 1,730,000 (~EUR 348,000) |
| Medical & surgical costs | Art. 1.381–1.393 Civil Code | Actual invoices — uncapped |
| Rehabilitation & physiotherapy | Art. 1.387 Civil Code | Actual invoices — uncapped |
| Lost income (past) | Art. 1.388 Civil Code | Salary certificates / tax returns |
| Loss of earning capacity (future) | Art. 1.388–1.389 Civil Code | Capitalised future loss — expert report |
| Aesthetic damage | Greff/Hodin method | Separate calculation, additional to trauma score |
| Psychological counselling | Art. 1.391 Civil Code | Actual invoices — uncapped |
| Damage Component | Legal Basis | 2026 Amount / Limit |
|---|---|---|
| Repair cost | Art. 14 Law 132/2017 | Audatex report or repair invoice — market value cap |
| Diminished value (loss of market value) | Art. 1.385 Civil Code | Expert assessment — case-by-case |
| Towing & recovery | Art. 14 Law 132/2017 | Actual invoice |
| Replacement vehicle | Art. 14 Law 132/2017 | Max 30 days or duration of repair |
| Total economic loss | Art. 14(2) Law 132/2017 | Market value – salvage value |
| Goods inside the vehicle | Art. 14(8) Law 132/2017 | Actual value (no separate transport contract) |
| Maximum per event | EU Directive / Norm ASF | EUR 1,300,000 |
| Damage Component | Beneficiary | 2026 Amount / Limit |
|---|---|---|
| Funeral costs | Person who paid | Actual invoices |
| Moral damages (dependants) | Spouse, children, parents | Trauma score per dependant (up to RON 1,730,000 each) |
| Loss of support / maintenance | Dependants | Capitalised deceased's net income × dependency ratio |
| Counselling for bereaved | Immediate family | Actual invoices |
| Maximum per event (bodily/death) | All victims combined | EUR 6,450,000 |
Step 6 — Court Litigation
If the insurer refuses the claim, offers inadequate compensation, or fails to respond, the injured party may initiate court proceedings.
Jurisdiction: District courts (judecătorii) hear claims up to RON 200,000. Tribunals hear claims exceeding RON 200,000. For property-damage claims below RON 10,000, the simplified "small claims" procedure (cerere cu valoare redusă) applies — the first-instance decision is immediately enforceable without awaiting appeal.
Territorial competence: The claim may be filed before the court of the insurer's registered seat, the court where the accident occurred, or the court of the injured party's domicile — the injured party chooses.
Evidence: Documentary evidence predominates. In bodily injury cases, the trauma score assessment report is the primary instrument for quantifying moral damages. For property damage, a judicial automotive expert report may be commissioned. Witness testimony is admissible but secondary.
Duration: First-instance proceedings in personal injury cases typically last 12–18 months. Appeal adds 6–12 months. Total: approximately 18–30 months to final, enforceable judgment.
Costs: Court stamp fees are calculated on a progressive scale based on claim value (OUG 80/2013). For a claim of RON 500,000, the stamp fee is approximately RON 8,500. Judicial expert fees range from RON 1,500 to RON 5,000.
Step 7 — Special Situations
Passengers in the at-fault vehicle. Under Article 14(5) of Law 132/2017, passengers in the vehicle that caused the accident are entitled to compensation — including bodily injury and moral damages — with the sole exception of the at-fault driver.
Hit-and-run (unidentified vehicle). If the vehicle is identified and insured, compensation is paid by the insurer even if the driver remains unidentified. If the vehicle itself is unidentified, BAAR intervenes for bodily injury claims (property-damage-only claims from hit-and-run with unidentified vehicles have historically been excluded or capped).
Uninsured at-fault driver. BAAR is the compensating entity, acting as insurer of last resort.
Insolvent insurer. FGA pays claims up to the full RCA liability limits (following December 2025 legislative reform that abolished the previous RON 500,000 cap for RCA-related claims).
Foreign-registered vehicle involved in accident in Romania. If the at-fault vehicle bears foreign plates and a valid Green Card, the claim is directed to the Green Card correspondent insurer in Romania (designated by BAAR).
Statute of Limitations
The general prescription period for compensation claims arising from road accidents is 3 years from the date of the accident (or from the date the victim became aware of the injury, in cases of latent damage). If criminal proceedings are initiated in connection with the accident, the civil prescription is suspended for the duration of the criminal case.
Criminal Proceedings and Their Interaction with Civil Claims
Romanian criminal law creates liability for bodily injury caused by negligence (Article 196 of the Criminal Code) and for manslaughter by negligence (Article 192). Where injuries require more than 90 days of medical care, or where the victim suffers a permanent disability, criminal prosecution proceeds ex officio (no complaint required). For lesser injuries (≤ 90 days of care), prosecution requires the victim's formal complaint.
The existence of criminal proceedings does not prevent the victim from pursuing the civil compensation claim against the RCA insurer. The victim may either: (a) join the criminal case as a civil party (parte civilă), with the criminal court adjudicating both liability and damages in a single proceeding; or (b) pursue a separate civil action against the insurer, independent of the criminal case.
The insurer's obligation to pay compensation subsists even if the at-fault driver is criminally convicted. Article 25 of Law 132/2017 provides limited grounds for the insurer to seek recovery from the insured driver (intent, DUI, driving without consent, obstruction of investigation).
How We Can Assist
We represent foreign nationals and international businesses in road accident compensation claims across Romania — from the initial claim filing through to final court judgment and enforcement. Our practice covers direct claims against RCA insurers, trauma score coordination with accredited medical evaluators, court representation before district courts and tribunals, enforcement of judgments against insurers, BAAR and FGA claims for uninsured or insolvent-insurer scenarios, and subrogation recovery for European insurers.
All communication is in English. Fixed-fee arrangements are available for the pre-litigation claim phase; court representation is offered on a success-fee or hybrid basis, providing cost alignment with outcome.
Moral damages are calculated using the trauma-score system (max 200 points). Each point equals 2× the gross minimum wage: RON 8,100 (Jan–Jun 2026) or RON 8,650 (Jul–Dec 2026). Maximum moral damages therefore reach RON 1,730,000 (≈ EUR 348,000). Medical costs, lost income, rehabilitation and aesthetic damages are claimed separately and are uncapped. The overall RCA policy limit for bodily injury is EUR 6,450,000 per event.
Under Article 21 of Law 132/2017, the RCA insurer must send a written compensation offer or a reasoned refusal within 30 calendar days from receiving the complete claim file. If the insurer misses this deadline, it owes a penalty of 0.2% per day on the compensation amount until payment.
The general prescription period is 3 years from the date of the accident (or from the date you became aware of the injury, for latent damage). If criminal proceedings are initiated against the at-fault driver, the civil limitation period is suspended until the criminal case concludes. For minors, the limitation period does not begin until they reach 18.
Yes. Romanian law does not distinguish between citizens and foreigners. Any victim — EU or non-EU citizen, tourist, expat or transit driver — can file a direct claim against the at-fault driver's RCA insurer. No Romanian residency, bank account or local office is required. If you have already left Romania, the entire process can be handled by a lawyer with power of attorney.
For uninsured vehicles or hit-and-run accidents causing bodily injury: file your claim with BAAR (Bureau of Motor Vehicle Insurers of Romania). BAAR pays from its common guarantee fund and then pursues the at-fault driver personally. For property-damage-only claims where the vehicle is unidentified, coverage is generally excluded — but exceptions may apply (consult a lawyer).
For property damage only (no injuries, max 2 vehicles): yes. A signed European Accident Statement (constatare amiabilă) is sufficient to file the RCA claim. For bodily injury or death: police attendance is mandatory (call 112). If the police did not attend despite injuries, you must file a report at the nearest police station within 24 hours. Without any official accident record, proving liability becomes significantly harder.
You have three options: (1) Negotiate directly with the insurer, presenting additional evidence or a counter-valuation. (2) File a complaint with ASF (Financial Supervisory Authority) — administrative sanction, but no binding compensation order. (3) File a court action against the insurer for full compensation. The court may award more than the insurer offered, plus legal interest from the 31st day after the original claim. Most contested claims that reach court result in higher awards than the insurer's initial offer.
If the insurer pays within 30 days: 2–3 months total. If court litigation is necessary: expect 18–30 months at first instance and 12–18 months on appeal — approximately 2.5–4 years total. The biggest time factor is the judicial expert report (forensic or auto-valuation), which alone can add 4–8 months. Early engagement of a lawyer shortens the process by ensuring the file is complete from day one.
The trauma score is a standardised system introduced by Order ASF/MS 1/2.293/2022 (effective 7 September 2022). It has three components: LT — initial traumatic lesion (0–100 pts), CP — post-traumatic complications (0–50 pts), CPP — permanent consequences (0–50 pts). The score is determined exclusively by accredited medical evaluators — forensic doctors at the Institute of Forensic Medicine (IML) or court-appointed medical experts. Aesthetic damage is scored separately using the Greff/Hodin method.
Fee structures vary: (1) Fixed fee — typically EUR 1,500–5,000 for extrajudicial claims. (2) Success fee (% of recovery) — typically 10–25% of the compensation obtained, with nothing owed if the claim fails. (3) Hybrid — a smaller fixed retainer plus a reduced success percentage. Court stamp fees, expert costs and other disbursements are separate. At Mihai Attorneys, the initial claim assessment is free — fee structure is proposed only after we evaluate viability.
Insurers are required to respond within 30 days, but they routinely under-value claims or deny liability on technical grounds. Early legal involvement — ideally within the first 48 hours — preserves evidence, prevents procedural errors, and positions the file for maximum recovery. At the end of a short call you will know exactly what your claim is worth, which entity owes you, and what the next steps are — whether or not you choose to instruct us.
- Claim eligibility & liable entityConfirmed
- Estimated compensation rangeWritten
- Trauma score preliminary indicationAssessed
- Statute of limitations checkVerified
- Document checklist (what you still need)Provided
- Fee proposal (fixed or % of recovery)Same day
