Insurance disputes (RCA / comprehensive motor insurance)

Legal defence in insurance disputes (RCA / CASCO)

Disputes concerning RCA and CASCO are subject to different legal regimes. RCA is compulsory motor third-party liability insurance governed by Law No. 132/2017 and the applicable regulations; CASCO is voluntary insurance, for which the policy, contractual terms and Civil Code must be examined. Disputes may concern refusal to pay, delay, repair valuation, total loss or the amount of compensation. An insurer’s recourse claims must be assessed on their own legal basis, not assumed valid for every infringement by the driver. A lawyer reviews the claim file and insurance documents to identify the actual obligations and necessary evidence.

Challenging refusals to pay, recalculating compensation and defence strategies

We prepare evidence concerning the occurrence of the insured event, coverage and the extent of damage, and review the insurer’s assessments. For RCA recourse claims, Article 25 of Law No. 132/2017 lists the applicable situations: intentionally causing the accident, a connection with intentional offences under the conditions of the provision, evasion of prosecution by the perpetrator of an intentional offence, driving without the policyholder’s consent, or unjustifiably obstructing an investigation that resulted in an unjustified payment, as proved by the insurer. Absence of a valid periodic technical inspection (ITP) is not, in itself, a general ground for RCA recourse; neither alcohol nor leaving the scene replaces analysis of the specific statutory conditions. For CASCO, we separately examine the risks covered and policy exclusions. We advance defences concerning the legal basis, evidence, causation and limitation in relation to the claim actually brought.

Legal assistance and representation in Romania

An insurer’s unjustified refusal to cover an accident, or receiving a claim seeking enormous sums from you, can cause serious financial disruption. Basuc Cosmin Law Office provides specialist legal assistance and representation in all types of RCA and CASCO insurance disputes in Romania. We assist with drafting notices and administrative challenges, represent you in direct negotiations with insurance companies and provide a rigorous defence before competent district courts, the competent tribunals and the competent courts of appeal, seeking full compensation and protection of your rights.