8. Decăderea în raporturile privind asigurarea obligatorie de răspundere civilă auto pentru prejudicii produse terţilor prin accidente
8. Forfeiture of rights in the matter of civil liability insurance

Summary/Abstract: According to Article 21(3) of Law No. 132/2017, the insurer is required to provide written notification to the injured party or the insured within 5 working days from the date on which the claim file is opened and the damage assessment report is drafted, informing them of the insurer’s intention to conduct further investigations. Under the same legal provisions, failure to communicate this notification within the 5 day period results in the insurer’s forfeiture of the right to carry out such investigations, rendering it liable for payment of the compensation. In the present case, since no evidence was submitted to demonstrate that the respondent–claimant was notified within the statutory 5 day period regarding the insurer’s intention to conduct investigations, the RCA insurer must be deemed to have forfeited its right to perform the extrajudicial expert report.

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