Bodily injury compensation after a road accident

Introduction

After a road traffic accident, the first concern is rarely money. It is pain, hospitalization, and how long recovery will take. Only afterwards does the natural question arise: what compensation can I receive and am I entitled to it?

The answer is not the same for everyone. It depends on what you suffered and what you are able to prove.

The value of compensation for bodily injury. A brief overview

The value of compensation for bodily injury is not predetermined. There is no standard amount.

In practice, the following aspects are relevant:

• -the severity of the injuries;
• -the number of days of hospitalization;
• -the duration of recovery;
• -whether permanent consequences remain;
• -whether daily life or professional activity has been affected.

For this reason, two people involved in different accidents may receive very different compensation.

Compensation for bodily injury in road traffic accidents. What can be claimed

Compensation for bodily injury does not only cover the reimbursement of medical treatment.

Depending on the situation, the following may be claimed:

• -medical and rehabilitation expenses;
• -loss of income;
• -compensation for physical and psychological suffering.

This last category is the most debated and the most difficult to assess.

The value of compensation resulting from bodily injury. How it is determined in practice

The value of compensation resulting from bodily injury is determined based on the real consequences of the accident, not merely on a diagnosis recorded in documents.

Courts usually assess:

• -the type and severity of the injuries;
• -the duration of pain and treatment;
• -whether recovery was complete;
• -the impact on personal life;
• -whether the person was able to work.

The court compensates what was actually lost or suffered. For this reason, the value of compensation resulting from bodily injury differs significantly from one case to another.

Compensation and moral damages in case of death

Where a road traffic accident results in the death of the victim, compensation does not only cover the expenses generated by the event, but also the suffering caused to family members.

In such cases, the following may be claimed:

• -funeral expenses;
• -possible loss of income;
• -moral damages for the psychological suffering caused by the loss of a close person.

Moral damages in case of death are awarded depending on the relationship between the victim and the claimant, the intensity of the suffering, and the specific circumstances of the accident. Their value is not standardized and is determined on a case-by-case basis.

Road traffic accident lawyer. When do you need a specialist opinion

If the accident was minor, matters can sometimes be resolved easily. If the injuries are serious, a lawyer specialized in road traffic accident litigation becomes important.

Especially when:

• -recovery is prolonged;
• -the insurer offers a reduced amount;
• -there are disputes regarding fault;
• -you do not know which documents are essential.

Insurers generally try to pay as little as possible. This is a common practice.

Why does the 90-day threshold of medical care matter?

The 90-day threshold separates two different criminal classifications with very different consequences for the driver at fault. The number of days is established by a forensic medical certificate, not by sick leave and not by the length of the hospital stay.

Road accidents are negligent offences, so the relevant provision is Art. 196 of the Criminal Code (negligent bodily harm). Up to 90 days of medical care, the act is not a criminal offence unless the driver was under the influence of alcohol or psychoactive substances or was committing another offence, such as driving without a licence, in which case Art. 196 (1) applies. Above 90 days it becomes negligent bodily harm under Art. 196 (2), punishable by 6 months to 2 years in prison or a fine. Criminal proceedings start only on the prior complaint of the injured person, filed within 3 months.

The number of days is not the only criterion. Art. 196 (2) also applies where the accident caused an infirmity, a serious and permanent aesthetic prejudice, the loss of a pregnancy, or a threat to the victim's life. Any of these outcomes triggers the more serious classification even when the number of care days is lower.

Who pays the compensation?

The RCA insurer of the driver at fault pays, within the limits of Law 132/2017 on compulsory motor liability insurance. The driver does not pay personally as long as a valid RCA policy exists, because that is exactly what the compulsory insurance covers. Personal liability arises only where there was no policy.

If the driver at fault was uninsured or cannot be identified, compensation is claimed from the Road Victims Protection Fund administered by the Romanian Motor Insurers' Bureau (BAAR). The Insurance Guarantee Fund (FGA) steps in only where the insurer itself is insolvent.

Is the driving licence suspended?

Yes. In road accidents involving bodily injury the licence is retained and the right to drive is suspended for the duration of the investigation. The measure is taken by the traffic police immediately after the accident.

Suspension during the investigation is not final. The outcome depends on the criminal case. If the case is closed or the driver is acquitted, the right to drive is recovered. If there is a conviction, the court may also impose a driving ban as a complementary penalty.

Alcohol or psychoactive substances change the situation. A second, separate offence arises alongside the negligent bodily harm, and the consequences for the licence are more severe.

How long does a criminal case for negligent bodily harm take?

These cases are measured in years rather than months, and most run beyond a year before a final decision. There is no fixed legal term, because the duration depends on the evidence.

The case has two stages. The first is the criminal investigation, run by the police under the supervision of the prosecutor, where the evidence is gathered: the forensic medical report, the technical vehicle report, witness statements. The second is the trial, which begins after the case is sent to court.

The forensic medical report is usually what delays the case most, particularly where the victim needs long-term treatment. The final number of care days cannot be established before treatment ends, and the legal classification itself depends on that number.

How do you claim compensation when the case is criminal?

You join the criminal proceedings as a civil party and claim compensation in the same case. This is the fastest route, because it uses evidence already gathered by the prosecuting authorities.

The civil party application must be filed before the judicial investigation begins. If you miss that moment, you lose the right to claim compensation within the criminal case and are left with a separate civil action, which means a new trial and its own evidence.

The second route is a claim addressed directly to the RCA insurer, by opening a claim file. That procedure runs in parallel with the criminal case and does not depend on its outcome. Where the insurer's offer falls well below the real damage, court action is the only remaining solution. Court practice in RCA litigation shows wide gaps between the amounts offered and those awarded.

What evidence do you need?

The forensic medical certificate is the central piece of evidence, because it establishes the number of care days and therefore the legal classification. Obtain it as early as possible and keep documenting throughout the treatment.

Alongside it, gather the police accident report, all medical records including discharge papers, prescriptions and test results, receipts for medication, treatment, recovery and transport, proof of lost income if you were unable to work, and photographs from the scene together with witness contact details.

Every undocumented expense is an amount you will not recover. Insurers consistently reject claims that are not supported by documents.

Common mistakes after an accident

Many people lose money without realizing it.

The most common mistakes are:

• -incorrect information regarding legal rights;
• -accepting the insurer’s offer too quickly;
• -incomplete medical documentation;
• -postponing consultation with a lawyer.

Conclusion

Compensation for bodily injury or death in road traffic accidents is not a mere formality. What matters is what you suffered, what you can prove, and how the case is supported. Each case must be analyzed individually.

Proper legal representation makes the difference between the amount offered by the insurer and the compensation obtained through an effective enforcement of legal rights.