The insurer’s civil liability in the criminal trial. Applicability of the Norm of the Financial Supervision Authority no. 23/2014. Consequences

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

If the civil parties, as persons harmed by the road accident by the accused, filed the claim for indemnification sent to the insurance company pursuant to Art. 36 of the Regulation no. 23/2014 of the Authority for Financial Supervision, the insurer was bound, pursuant to Art. 37 para. (1) of the same Regulations that “Within no more than 3 months (...) a) either to answer to the claim of the applicant by filing a written offer for justified indemnification sent with acknowledgment of receipt, if the insured person’s liability is proven (...), and the harm was quantified; b) or to notify the harmed party in writing, with acknowledgment of receipt, of the grounds to deny the claims for indemnification in whole 
or in part”. The lack of a reply from the insurer within this 3-month period has the legal consequence, pursuant to Art. 37 para. (2) of the Regulation no. 23/2014, to order the insurer of the civil liability insurance of the car owner to pay the indemnification. The sanction set forth by Art. 38 is also applicable, i.e. the penalties of 0.2%, calculated for each day of delay, whereas the only condition for the applicability of said sanction is that concerning the breach by the insurer of the civil liability insurance of the car owner of the obligations within the terms set forth in Art. 37.