Acțiunea directă a persoanei prejudiciate printr-un accident auto împotriva societății de asigurare – între beneficiu și interdicție
The direct action of the injured party against the insurance company in case of a road traffic accident – between benefit and prohibition

Summary/Abstract: This article aims to analyse Article 22(1) of Law No. 132/2017 within the general framework of the Civil Code, as well as in light of Decision No. 1/2016 of the High Court of Cassation and Justice (Recourse in the Interest of the Law), in order to determine whether – where damage is caused as a result of a road traffic accident involving a vehicle covered by a compulsory motor third-party liability (MTPL) insurance policy – the injured party, for the purpose of recovering the damage suffered, is only entitled to bring a direct action against the insurer pursuant to Article 22(1) of Law No. 132/2017, or whether the injured party has a right of option between this special direct action and an action against the tortfeasor, grounded in tort liability under Article 2224(1) in conjunction with Articles 1349 and 1357 of the Civil Code.

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