RCA Claim File: How a Lawyer Helps

The RCA claim file is the procedure through which an injured party claims compensation from the insurer of the driver at fault, governed by Law 132/2017 on compulsory motor liability insurance. The lawyer quantifies the damage, checks that the insurer observes the legal deadlines, and builds the file so that the compensation reflects the real loss rather than the first offer.

What is an RCA claim file

RCA is Romania's compulsory motor third-party liability insurance, regulated by Law 132/2017. The claim file is the administrative procedure through which the victim of an accident seeks compensation from the insurer of the party at fault, covering material damage, bodily injury and moral prejudice.

It is opened with the insurer and runs through stages with their own deadlines, before the dispute reaches court, if it ever does. The way this file is built determines the size of the final compensation directly. The claim file runs in parallel with any criminal case for negligent bodily harm and does not depend on its outcome.

Steps of the claim

The procedure follows fixed stages set by law and ASF regulations, each with its own role and deadline. Skipping a stage, or treating it superficially, delays the settlement and weakens the claimant's position against the insurer. The file goes through the following stages:

• Notifying the insurer of the at-fault driver within the legal term;
• Vehicle inspection and damage assessment;
• Submitting supporting documents and medical reports;
• Assessment of the loss and the insurer's written offer;
• Acceptance, negotiation, or court action.

From the date the compensation claim is filed, the insurer has 30 days either to make an offer or to reject the claim with reasons, under Art. 21 (1) and (2) of Law 132/2017. Failure to observe that deadline is a significant argument in litigation.

The lawyer's role

The lawyer turns an administrative procedure, in which the insurer holds the initiative, into a rigorous legal process where every right of the claimant is used to the full. The role is not limited to filing documents. It extends to the legal foundation of the entire claim. In practice, the lawyer:

• examines the fault established by the official accident records;
• quantifies both material and moral damage;
• checks that the insurer observes the legal deadlines;
• frames the claim in a submission supported by legal argument and evidence.

This matters most for foreign claimants unfamiliar with local practice, where undervalued offers and procedural errors routinely reduce the final compensation.

Essential documents

The quality of the evidence determines the size of the compensation directly, because both the insurer and the court look at what you can prove with documents, not at what you state. A well-documented file leaves little room for challenges and undervaluation. A complete file usually contains:

• Police report or amicable accident statement;
• Driving licence and vehicle registration certificate;
• Repair estimates or expert technical report;
• Medical certificates and treatment invoices;
• Proof of lost income, where applicable;
• Witness statements.

Negotiation and litigation

The insurer's initial offer is usually below the real value of the loss. Where no agreement is reached, a tort liability action under Art. 1357 of the Romanian Civil Code can increase the compensation awarded significantly. Negotiation backed by solid evidence still remains the fastest route to a settlement.

The lawyer drafts the claim, manages the judicial expert report, and represents the client until a final judgment is obtained.

How long do you have to act?

The right to claim compensation is time-barred after three years. Opening the claim file and consulting a lawyer early protects both the deadline and the quality of the evidence, which degrades as time passes. Once the term expires, the claim can be rejected as time-barred.

Conclusion

Legal assistance turns the RCA file from a simple administrative procedure into a process where every piece of evidence is used to obtain full compensation. The gap between the insurer's initial offer and the amount actually due to the victim is, most often, a matter of how well the file was prepared.