Compensation granted by the compulsory autor liability insurer in the case of car crash Cover Image
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Despăgubirile acordate de către asigurătorul de răspundere civilă auto obligatorie în cazul accidentelor auto
Compensation granted by the compulsory autor liability insurer in the case of car crash

Author(s): Cristina Gabriela Frenţiu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: competence; insurer; insurance; auto crash; compensation; delay penalties;

Summary/Abstract: Without proof of a proper investigation we are in the presence of a defective fulfilment of the obligation of the insurer to analyse the claim for compensation, which entails its obligation to pay the penalties from the date of submission of all the documents necessary to quantify the damage and establish the liability. To the right of the insurer to carry out its own investigation corresponds its obligation to carry out concrete investigations, in addition to the existing ones, new, verifiable, based on which a decision can be issued. The invocation of the right to conduct investigations without being followed by an additional, proper (an effective) and fully verifiable one (investigation) means an abusive, defective, discretionary exercise by the insurer of the prerogative conferred by art. 36 paragraph (3) of Order no. 14/2011, which cannot remain unsanctioned.

  • Issue Year: 2020
  • Issue No: 01
  • Page Range: 117-133
  • Page Count: 17
  • Language: Romanian