Determining and Paying Compensation in Road Traffic Accidents

Compensation awarded following vehicle accidents is clearly regulated, both in terms of how the amount is calculated and how it is paid. These rules are intended to ensure real protection for injured persons and to provide a predictable framework for all parties involved.

How compensation is determined

Compensation is established either amicably or by court judgment, depending on the specific circumstances:

• Amicable settlement – the calculation is based on the trauma score issued by the National Institute of Forensic Medicine, and the value of each point is equal to twice the gross minimum wage at the time of the accident.
• A medium level of suffering is taken into account as a baseline, but the amount may be adjusted depending on the particularities of the case (additional medical documents, complications, length of recovery).
• For psychological trauma, the victim must provide additional evidence.
• Court proceedings – compensation is determined on the basis of the evidence submitted: medical reports, forensic medical expert reports, psychological assessments.

It should be noted that the insured’s civil liability cannot exceed the limits provided in the MTPL (RCA) insurance policy.

Method of payment

• Compensation is paid by the MTPL (RCA) insurer directly to the injured party or their representative, into the bank account indicated.
• The amounts received cannot be enforced by the insured’s creditors.
• If the amount of compensation is only partially disputed, the undisputed part must be paid immediately, without waiting for the outcome of the dispute.
• In the event of an alternative dispute resolution settlement or a final court judgment, the insurer is obliged to pay the compensation as determined.

Conclusion

Determining and collecting compensation may seem like a bureaucratic process, but the law provides clear mechanisms for the protection of victims. If you have been involved in a road traffic accident and have suffered material damage or bodily injury, consulting a specialised lawyer can help you obtain the correct amount of compensation and avoid delays or unjustified refusals from the insurer.