Asigurări. Încetarea procesului penal prin împăcarea părţilor. Acţiune în despăgubiri formulată împotriva asigurătorului de răspundere civilă. Admisibilitate

Insurance. Termination of the criminal trial reconciliation of the parties. Action for compensation lodged against the civil liability insurer. Admissibility

Abstract

According to the provisions in art. 46(1)(1) of the CSA Order no. 5/2010, if the motor vehicle accident is the subject of a criminal trial, the compensation is amicably set, if, according to the law, the criminal action would have been or can be extinguished through the reconciliation of the parties.

The reconciliation of the victim with the defendant in the criminal trial, according to the provisions in art. 132 of the Criminal Code, is not relevant in terms of the liability of the Civil Auto Liability insurer of the motor vehicle driven by the defendant, in terms of the damages caused to the victim by the author of the accident, and, as a consequence, the civil action...