Have you been involved in a car accident caused by another driver or due to negligence?
It’s good to know that road events are part of reality. So the most important thing you can do is to keep calm, as much as possible, so that you can then engage in a civilized dialogue with the other driver involved in the collision.
In this article we have prepared every step you have to go through, from the actual moment of the car accident to the resolution of the challenge you are going through, the completion of the damage file, and therefore the recovery of damages.
Here’s what you need to do in case of a car accident to get through it as simply, quickly, and stress-free as possible
I. What do you do in case of an accident with casualties?
If the car accident you were involved in is one with victims, it is very important to know that you are not allowed to leave the scene. The first thing to do in this situation is to notify the authorities as soon as possible by calling the emergency number 112.
Even if the people involved in the car accident are only slightly injured, it is strictly forbidden to move cars from the scene of the incident. You can only do this after you have received the consent of the police crew, who will arrive at the scene of the accident. Law enforcement officers will take measurements that are absolutely necessary in such cases. If the victims are in critical condition, they can be transported to the nearest first aid unit by the medical staff of an ambulance or other drivers.
If you leave the place of an accident without notifying the police, it can be interpreted as leaving the scene of the crime and evading investigation and potential biological sample collection. This constitutes an offense and is punishable according to legal provisions (OUG 195/2002).
The next step is for the police to establish the circumstances of the accident, take the necessary measurements, and take statements from the drivers, people involved in the accident, or witnesses.
If the accident was caused by you, the traffic police representative will receive a copy of your car’s RCA policy, a copy of your vehicle registration certificate, a copy of your identity card and a copy of your driving license, and the insurance company with which you have taken out your RCA policy will be notified of the accident.
Until the police forces arrive at the place of the accident, we do not recommend that you negotiate with the other driver or any other person who may have been injured as a result of your accident until you know the exact cost of your hospitalization expenses, which will be documented.
If the medical facility charges subsequent payments after the damage file has been closed, you must notify the insurance company, adding these new costs to the damage file. The company with which you have taken out your RCA insurance will bear all the costs, including those that may arise later.
If the insurer does not respond to the request for reimbursement, the healthcare facility may seek legal recovery.
II. What do you do in the event of a minor accident?
A minor accident is a road traffic event that took place on a road open to public traffic, in which at least one of the vehicles involved was in motion and resulted only in material damage to at least one of the vehicles.
If you find yourself in a situation where you have been involved in a light collision resulting in only property damage, here’s what to do.
First of all, we recommend taking some photos of the accident scene, which can help you in the next stage, the investigation stage. It is a good idea to include as much detail as possible about the accident, the crash site, the number plates, and other elements that you think are relevant to the situation you have experienced.
You should then remove the vehicle from the road. If the car is too badly damaged, then try to put it as close to the curb as possible so as not to obstruct other road users.
After that, it’s good to know that you have two ways to report the accident. Either you choose to report it to the police station where the event occurred, or you can opt to complete the mutual agreement settlement.
If the incident involved only two vehicles colliding, you can ask the other driver for the RCA policy so that you can complete the mutual agreement settlement correctly. Your RCA insurance can be easily available, two clicks away, if you have the Pago app installed.
Find out also How to fill in the mutual agreement settlement – step-by-step model
If the other driver doesn’t agree to the settlement or if they leave the scene of the accident, you can choose to go to the police. You should be aware that you have 24 hours after the incident to report it. You can go to the nearest police station, where you will fill in a minor accident report.
To settle the situation amicably, keep in mind that the following conditions must be met:
- the accident resulted ONLY in property damage, without injuries;
- no more than two vehicles were involved in the accident and both had a valid RCA insurance policy at the time of the accident;
- the accident occurred on Romanian territory;
- no offense under the Highway Code was committed, such as driving under the influence of alcohol or prohibited substances, driving without a license, or driving an unregistered vehicle or a vehicle with false number plates.
Only if all the above conditions are met, you can start filling in the form for a mutual agreement settlement. This form is issued by insurance companies when you take out a RCA policy and can be received by post or downloaded from the internet. The purpose of the form is not to establish who is at fault, but to gather information about the circumstances of the accident. Based on this information, the insurance company will establish who is responsible.
III. Steps to follow to complete a mutual agreement settlement correctly
We have developed this topic in another article on Pago’s blog. You can read here, in detail, how to correctly complete the mutual agreement settlement. Below we will briefly explain the steps you need to follow to fill in an amicable agreement correctly.
Both drivers will complete one form, i.e. the same one. This has two self-copying pages and, at the end, each driver will receive their copy. It is irrelevant which driver chooses the Vehicle A or Vehicle B box, as long as they both agree on the circumstances of the accident. Once the form is completed with all the details of the drivers, their vehicles and their insurance policies, the road accident form follows. This will be completed by one driver only, and the other driver must agree with the circumstances of the accident.
The “amiabila” (mutual agreement settlement) is to be completed carefully, using capital letters, legible handwriting and without alterations. The documents required to complete a mutual agreement settlement are:
- ID card,
- car registration,
- driver’s license and the RCA insurance policy.
Both drivers must have these documents with them. Once you have both completed the form, check that all the information is correct and legibly written. Don’t forget to sign.
IV. Documents needed to draw up the damage file for motor insurance RCA and CASCO
For the the damage evaluation under the RCA insurance you will need:
- identity card and driving license of the driver of the damaged vehicle;
- the papers of the damaged car, such as the vehicle identity card (CIV) and the registration certificate;
- copies of the identity card and driving license of the driver responsible;
- copies of the papers of the insured car that caused the accident;
- copies of the compulsory RCA insurance policies/contracts for both vehicles;
- the original of the mutual agreement settlement form or the police report;
- photographs of the scene of the accident;
- power of attorney for the person initiating the damage file, in the case of legal persons, or power of attorney if another person is going through the process on behalf of the injured party.
For the damage evaluation under CASCO insurance you will need to have at hand:
- the identity card of the insured (and of the person delegated);
- the driving license of the driver involved;
- the registration certificate of the CASCO insured vehicle;
- copy of the identity card of the insured vehicle;
- copy of the CASCO policy;
- the original of the mutual agreement settlement form or the police report;
- declaration of the event (form provided by the insurance companies);
- power of attorney for the person initiating the claim in the case of legal persons, or power of attorney if another person is going through the process on behalf of the injured party.
If you open a claim under your RCA insurance, you are free to have your car repaired at any authorized service center without any restrictions imposed by the insurer. However, the quality of the repair remains the responsibility of the service unit.
You also have the simpler option of settling the claim directly with the insurer. In short, the company where you have your RCA policy can take care of the whole process of repairing your car, without you getting involved in any way. The insurance company will facilitate sending your car to an authorized service and will let you know when the car is ready to be picked up. It’s good to know that direct settlement is an additional claims management service provided by RCA insurers to their customers. The provision of this service is compulsory on the part of insurers, but its purchase is at the discretion of the insured and involves additional costs, depending on their preferences and needs.
In the case of a CASCO claim, there may be conditions regarding the choice of repair unit. As a rule, insurers collaborate with a network of service partners and the settlement of repairs is made directly between the insurer and the service unit.
Once the reparation process is completed, to receive compensation, the injured party must submit documentary evidence of the damage. If the car has been repaired by a service partner of the insurer, it will be returned to the owner immediately after completion.
In the case of RCA insurance, the insurer is legally obliged to make an offer of compensation within 30 days or to communicate the reasons for rejecting the claim. If the offer is accepted in writing, the RCA insurer is obliged to pay within 10 days.
In the case of a CASCO policy, compensation is paid according to the specific clauses of the insurance policy.
Regardless of the type of accident you have been involved in, following the above steps in detail will ensure that the situation is resolved quickly and efficiently.