TRANSPARENCY AND OBJECTIVE CRITERIA IN THE OUT-OF-COURT SETTLEMENT OF MTPL CLAIMS Cover Image

TRANSPARENŢĂ ŞI CRITERII OBIECTIVE ÎN SOLUŢIONAREA DESPĂGUBIRILOR RCA PRIN PROCEDURA AMIABILĂ
TRANSPARENCY AND OBJECTIVE CRITERIA IN THE OUT-OF-COURT SETTLEMENT OF MTPL CLAIMS

Author(s): Cătălin Ionuţ Crăciunescu
Subject(s): Law, Constitution, Jurisprudence, Essay|Book Review |Scientific Life, Civil Law, Editorial
Published by: Universul Juridic
Keywords: MTPL Law; full compensation principle; amicable settlement procedure; insurance claim practices; systemic deficiencies;

Summary/Abstract: Law no. 132/2017 on compulsory motor third‑party liability insurance (“the MTPL Law”) enshrines the principle of full and effective compensation for damages resulting from vehicle accidents. The amicable procedure established by the legislator aims to ensure the swift and balanced settlement of compensation claims by providing a transparent framework and by observing objective criteria for damage assessment. However, the practice of insurance companies shows that the amicable stage is often marked by systemic deficiencies on their part, such as delays in resolving claims, lack of justification for offers, failure to communicate traumatology reports, or the unjustified reduction of compensation amounts. These dysfunctions undermine both the effectiveness of the amicable mechanism and the rights of injured parties.

  • Issue Year: 2025
  • Issue No: 10
  • Page Range: 7-16
  • Page Count: 10
  • Language: Romanian
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