DESPĂGUBIRILE RCA PENTRU VĂTĂMĂRI CORPORALE: DE LA REPARAŢIA INTEGRALĂ LA „ALGORITMUL” ASIGURĂTORILOR CONCURENŢĂ, SUPRAVEGHERE, PROTECŢIA CONSUMATORULUI ŞI CONTROL PARLAMENTAR ÎN MATERIA VĂTĂMĂRILOR CORPORALE
MTPL COMPENSATION FOR BODILY INJURY: FROM FULL REPARATION TO THE INSURERS’ “ALGORITHM” COMPETITION, SUPERVISION, CONSUMER PROTECTION AND PARLIAMENTARY SCRUTINY IN THE FIELD OF BODILY INJURY

Summary/Abstract: Compensation for bodily injury under MTPL insurance is not a “benefit” open to negotiation, nor a financial product subject to discounting. It is the legal expression of full reparation of damage, enshrined in the general law of torts and reinforced, in the field of MTPL, by Law No. 132/2017. Yet in practice, a reversal of the natural order can be observed: the offer no longer results from the evidence; instead, the evidence is pushed to conform to the offer. Principled thesis: the administrative MTPL procedure cannot be transformed into a mechanism for “normalizing” suffering through lump‑sum amounts lacking any justificatory pathway (trauma scoring, breakdown, calculation algorithm, individualization criteria). What is not explained cannot be challenged; and what cannot be challenged becomes, in fact, imposed.

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