7. Insurance agreement. Accident involving casualties. Action for damages lodged by the heirs of the insured person guilty of the accident occurrence. Conditions and effects Cover Image
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7. Contract de asigurare. Accident cu victime. Acţiune în despăgubiri formulată de moştenitorii asiguratului vinovat de producerea accidentului. Condiţii şi efecte
7. Insurance agreement. Accident involving casualties. Action for damages lodged by the heirs of the insured person guilty of the accident occurrence. Conditions and effects

Author(s): Marian Budă
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: insurance damages; third‑party status; accident liability;

Summary/Abstract: The structure of the provisions of art. 50 of Law no. 136/1995 shows that the damages shall be granted for the amounts that the insured person has to pay as compensation and law costs to the persons having suffered bodily injury or death, as well as the damage or destruction of assets, and certain compensations shall be granted also in case the persons lodging claims for compensation, are the husband (wife) or persons who are dependent on the owner of driver of the insured vehicle, liable for the accident occurrence. The interpretation given by the court in the sense that also the husband (wife) or the persons who are dependent on the owner of driver of the insured vehicle, liable for the accident occurrence is correct, if only they were inside the respective vehicle or outside it, but on the site of the accident, and suffered any damages due to bodily injury or death, as well as due to the damage or destruction of assets, since the condition of being third parties injured in accident, is fulfilled only in this case.

  • Issue Year: 2015
  • Issue No: 02
  • Page Range: 52-61
  • Page Count: 10
  • Language: Romanian
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