Civilly responsible party The Romanian Motor Insurers' Bureau. Culpable bodily injury. Unlawfulness to order the payment of hospital costs

DREPT PENAL ŞI PROCESUAL PENAL

Abstract

As a civilly liable person, the Romanian Motor Insurers' Bureau – BAAR – is not subject to the provisions provided by art. 313 of Law no. No 95/2006 on health reform, that entity, having regard to the specific nature of its activity, cannot be required, in its capacity, to pay the hospital costs incurred by the various hospital units with the victims of the offences of culpable bodily injury, in this case road accidents.

According to the provisions of art. 33 para. 4 of Law nr. 132/2017 on the mandatory insurance of civil liability in respect of motor vehicles for damages caused to third parties by accidents of vehicles and trams, no person who has compensated in any way the injured persons or offered them services in connection with the damages suffered, including medical services, on the basis of contracts concluded or on the basis of the law, has the right to request from BAAR the recovery of the expenses incurred.