Consideraţii asupra regresului dintre asigurătorii RCA în cadrul mecanismului decontării directe

Diana BÂLC

auditor de justiţie

Institutul Naţional al Magistraturii

ABSTRACT

In the context of the compulsory insurances against civil liability for the damages caused to third parties by vehicle and tram accidents (RCA), the direct compensation service represents an alternative method available to the injured person for obtaining the payment of the damage, involving the assessment of the damage claim by the injured person’s own RCA insurer and a subsequent settlement between this insurer and the RCA insurer of the person held responsible for the accident. The legal basis of this mechanism gives rise to some interesting debates, triggered by the similarities between the direct compensation mechanism and some other traditional legal models.

Our analysis proceeds by presenting the functioning of this mechanism as regulated by Law no. 132/2017 and the ASF Norm no. 20/2017. Further on, we will focus...