CAL Insurances

The Civil Auto Liability Insurances for CAL Motor Vehicles

-      Information regarding the obligatory CAL insurance
-      THE PURPOSE OF THE CAL INSURANCE
-      Starting with 2012, the limits of the CAL compensations are:
-      Why is it mandatory?
-      Utilizing conditions
-      The loss of the CAL policy
-      The in force legislation regarding the CAL insurance
-      How can the CAL insurance be concluded?
-      The conclusion of the contract
-      The issue of the CAL insurance policies is made in electronic system
-      The liability of the CAL insurer starts:
-      The liability of the CAL insures stops:
-      The liability limits of the CAL insurer
-      THE FRIENDLY FINDING
-      Territorial limits of CAL insurance coverage
-      The payment of the insurance bonuses
-      The bonus/ malus system
-      INSURANCES FOR THE CARS AT THE FIRST REGISTRATION
-      What must be done after the damage happened?
-      Uninsurred …
-      The control


 

Information regarding the obligatory CAL insurance

The CAL insurance is an insurance by which the third parties damaged in a car accident, caused by an insured driver, receive compensations for the material damages and/ or for the death or the body damages they have suffered. 

The person guilty for the accident cannot benefit from compensations for his vehicle or based on his own CAL insurance policy. The damages made to his own vehicle can be compensated based on an optional insurance policy for damages and theft, of CASCO type. 

In conseguence, the CAL insurance is very important and in the same time mandatory, even if the owner of a vehicle has already concluded a CASCO type insurance. ~top~


THE PURPOSE OF THE CAL INSURANCE

The civil auto liability insurance has a well defined purpose : the damaged  person will receive, without fail, compensations for the damages he has suffered, regardless the material situation of the person who caused the event. In this way, the insurance is both in the interest of the person who suffered the damage and in the interest of the person who caused it.

It may be possible for a driver, only due to a small inadvertence in driving, to cause high value damages, such as he may not be able to pay them from his own budget, which would lead to conflicts, sometimes on long term and with high costs, or it would attract other types of sanctions over him.

The compensations are paid even when those who have been damaged do not have the residence, the headquarters or domicile in Romania. If the driver of the car who has caused the accident is another person than the owner, the insurance company bears the compensation based on the CAL. ~top~


Starting with 2012, the limits of the CAL compensation are :

-      for the material damages – 1,000,000 EUR/ event
-      for body damages and death 5,000,000 EUR/ event ~top~


Why is it mandatory?

All vehicle owners, physical or juridical persons, must conclude a CAL insurance and must pay the afferent insurance bonus. Moreover, they have the obligation to apply on the vehicle’s windshield, on a place visible from the exterior, the vignette received together with the insurance policy. 

The purpose of this insurance is for the damaged person to receive compensations for the suffered damages, regardless the material situation of the person who caused the damage. 

In this way, the civil auto liability insurance is in the interest of the damaged third party, but also in the interest of the person who caused the damage. We must observe that, due only to a small inadvertence, a driver could cause to the accidented person, damages evaluated at a considerable amount, an amount which would affect his budget or even surpass it. ~top~


Utilizing Conditions

In order to conclude a CAL insurance policy, the following conditions must be accomplished :

-      the motor vehicle must be registered / subjected to the registration or registered in Romania
-      the insured person must be the person registerd in the motor vehicle identification documents / the person on who’s name is about to be registered the motor vehicle (valid also in the case of the motor vehicles purchased in leasing)
-      the exposure of the vehicle’s identification documents – registration certificate / identity card / document that attests the property right of the person that is about to register de motor vehicle. 

The insurance begins to make its effect only if it was issued, against an insurance bonus, on a certain pre-established period, by a company authorized to conclude CAL. 

The CAL insurance is until now, the only mandatory insurance with general character, imposed by the RomanianState. This insurance is concluded for all the motor vehicles that are registered or are subjected to registration in Romania. In conseguence, the insurers cannot refuse you when you are asking the conclusion of a CAL policy. 

In an automatic manner, at the conclusion of a CAL policy, valid on the Romanian territory, a Green Card policy is also concluded, which is the equivalent of the CAL policy when the motor vehicle circulates abroad. ~top~


The Loss of the CAL Policy

Iof you have lost the CAL insurance policy, your insurer can release you a duplicate. ~top~


The In Foce Legislation Regarding the CAL Insurance

The Law nmb. 136/1995 regarding the insurances and the reinsurances from Romania, with the ulterior modifications and completions; 

The ISC (Insurance Surveillance Commission) Order nmb. 14/2011 for the application of the Norms regarding the obligatory civil liability insurance for damages caused by vehicle accidents (Published in the Official Gazette, I-st Part, nmb. 858 from December 6-th 2011); 

The ISC Order nmb. 22/2012 for the modification and the completion of the Norms regarding the mandatory civil liability insurance for damages brought by vehicle accidents, put in application by the Order of the President of the Insurance Surveillance Commission nmb. 14/2011 (Published in the Official Gazette, I-st Part, nmb. 840 from December 13-rd 2012). 

The Romanian legislation regarding the CAL insurance in conformity with the European Directives that regulate this insurance, the normative acts that are mandatory for all the European Union member states. ~top~


How Can the CAL Insurance be Concluded?

If you buy a new vehicle, the CAL insurance can be concluded right at the seller, with the authorized representative of the insurer and it is quite recommended to do so because the insurance enters in force in the same time with the in force entering of the provisory circulation authorization or with the registration of your vehicle, being insured even during the first route you make. 

The person who sells a vehicle has the right to receive back from the CAL insurer the part from the bonus paid afferent to the period that ramains until de expiry of the insurance validity, if he did not made any damages during the contract unrolling. 

In order to regain this amount, he must present himself to the insurer and to expose the documents that make the proof of the vehicle’s alienation. ~top~


The Conclusion of the Contract

You can conclude the CAL insurance contract with any of the authorized insurance companies. At the conclusion of the contract – on a period of 6 or 12 months depending on your option – the obligatory civil liability insurance policy of the vehicles is issued for you, together with the vignette and the international insurance document. ~top~


The issuing of the CAL insurance policies is made in electronic system

The Insurances Surveillance Commission has decided that, starting with January 01-st 2010, the issuing of the CAL insurance policies will be made in electronic system.

According to the norms, the electronic issuing is defined as being the subscribing of the CAL policy at the same time with the instant registration and storage in the insurer’s informatic system of the data enclosed in the policy. This means that the insurer takes over the data necessary to be registered in the policy and he will issue the insured policy from the informatic system. In this way, we expect that the human errors from the completion of the CAL policies will decrease, a fact which will have as effect the increase of the accuracy of the national data base CEDAM. ~top~


The Liability of the CAL Insurer Starts :

-      from the day next to that of expiration of the previous insurance policy validity, for the policyholder that accomplishes the obligation to conclude the insurance in the last day of its validity at the latest;
-      from the day next to that in which the insurance document was concluded, for the persons who did not had a mandatory CAL insurance valid in the moment of the insurance conclusion;
-      from the moment of the release of the insurance document, but not earlier than the date of entering in force of the provisory circulation authorization or of the vehicle’s registration/ matriculation, for the sold vehicles  that are about to be registered/ matriculated. ~top~


The Liability of the CAL Insurer Stops :

-      at the 24-th hour of the last day written on the policy, so please take into account the fact that the insurance policy must be renewed at expiration, by the payment of the bonus afferent to the next period for which you opt. Otherwise, please keep in mind the fact that you are becoming uninsured, and if you cause an accident in the period in which the CAL insurance has lost its validity, you are directly responsible for the legal and material produced conseguences;
-      for the vehicles for which the property right is passed to the new owner in the insurance period following the cessation of the leasing contracts, the mandatory CAL insurances ramain in force until the expiration of the validity period written in the insurance documents, without the modification of the insurance bonus, if there are cumulatively accomplished the following conditions : 

  • the new owners are the users provided in the insurance documents;
  • the insurer has fully cashed the insurance bonus afferent to the validity period. ~top~


The Liability Limits of the CAL Insurer 

The CAL insurers have the obligation to establish the liability (compensation) limits, which cannot be smaller than the limits provided in the in force norms issued by the Insurances Surveillance Commission. 

The compensation limits established by norms by the Insurances Surveillance Commission are :

a)   for the material damages caused in one and the same accident, regardless the number of the damaged persons, the compensation limit is established, for the accidents caused starting with the year 2012, at a level of 1,000,000 euro, equivalent in ROL at the exchange course of the currency market at the date when the accident happened, communicated by the Romanian National Bank;

b)   for corporal damages and death, including for damages without patrimonial character produced in one and the same accident, regardless the number of the damaged persons, the compensation limit is established, for the accidents caused starting with the year 2012, at a level of 1,000,000 euro, equivalent in ROL at the exchange course of the currency market at the date when the accident happened, communicated by the Romanian National Bank; 

The compensation limits will be reviewed from 5 to 5 years, depending on the evolution of the Consumption Prices European Index (CPEI) established in conformity with the EC Regulation nmb. 2.494/95 of the Council from October 23-rd 1995 regarding the harmonized indexes of the consumption prices.

If within one and the same event more persons have been damaged and the total value of the damages surpasses the liability limits specified in the CAL policy, the compansation will be established depending on the sahre from the damage’s value due to every person that has the right to the compensation for the damages suffered in the same accident.

The compensations paid by an insurance company to a third party who was damaged in a car accident, based on the CAL insurance concluded for the car that has caused the accident, will not surpass the value of the caused damages and neither the maximum limits (the liability limits) assumed by the insurer. This means that, if the value of the damage surpasses the limits assumed by the insurer in the change of the paid insurance bonus, the difference is not covered by the insurer. ~top~


THE FRIENDLY FINDING

It is a procedure used in most member states of the European Economic Space in the case of road accidents ended only with minor material damages. The definition of a circulation accident ended only with minor material damages differ depending on the legislation of the country in which it happened.

Thus, the drivers of the vehicles involved in such an event have the possibility to fill in together a standardized form and then to depose it at the insurance compenies, a form named herewith Fiendly Finding (FF).

In this case it is no longer necessary to go to the Police for the usual finding.

The purpose of the procedure is the obtaining of information regarding the circumstances in which the accident happened and NOT to establish the guilty on the spot, this thing being left in the duty of the CAL insurers and of the vehicles involved in the accident.

In the same time, it is important to know that the procedure is optional and NOT mandatory, being in fact an alternative to the traditional version (go to the Police, make the finding report etc) that can be also used in Romania starting with July 1-st 2009.

Practically, according to the Romanian legislation in the domain, for the events in two vehicles were involved, form which only material damages resulted, the notice of the insurance companies can be made also based on a standardized form, issued by the insurance companies.

In this document the drivers of the respective vehicles record the circumstances in which the event happened, the personal identification data of the involved vehicles, and also the data from their own mandatory insurance policies of civil auto liability (CAL).

The obtaining of the document necessary to enter with the car into repair (repair authorization) is further mandatory, this being released in these cases by the insurance companies.

We recommend the obtaining of this document within at most 24 hours from the date on which the accident happened, by presenting the vehicle involved in the accident, for which you want this document to be issued, at any of the CAL insurers of the vehicles involved in the accident. 

The procedure is applied ONLY when the next conditions are accomplished at the same time :

-      a road accident only with material damages happened (without corporal damages)
-      in which there are involved maximum two vehicles, that do own the CAL valid at the date on which the accident happened
-      from the accident did not result damages at other structures (pillars, fences, buildings, etc)
-      the accident happened on the Romanian territory. 

The procedure is OPTIONAL and NOT mandatory, being an alternative to the traditional version, and it can be used starting with July 1-st 2009. ~top~


The Territorial Limits of CAL Insurance Coverage

According to the provisions of the Law nmb. 136/1995, with the subsequent modifications and completions, the territorial limits of the CAL insurance coverage are :

-      the Romanian territory;
-      the territory of the European Union member states and those belonging to the Economic European Space;
-      the territory of the states that are directly connecting two European Union member countries in which does not exist a national office. 

The insurers may expand the territorial validity of the policy. The countries in which the insurance is valid are specified in the policy. ~top~


The Payment of the Insurance Bonuses

The bonuses tariffs practiced for the mandatory CAL insurance differ from a company to another and, in an obligatory way, they are published on their own sites.

The insurance companies establish their own tariffs of CAL bonus and they notify the Insurances Surveillance Commission regarding the established tariffs, without the submission of these tariffs to the I.S.C approval. The bonus tariffs are being established in order to allow the coverage of all the obligations emerged form the issuing of these policies. The CAL insurers are establishing the bonus tariffs for every vehicle category, based on some calculations that are using informations possessed about their own portfolio. In this way, the insurance companies have the possibility to settle differentiated tariffs depending on the customer’s profile, respectively : the policyholder’s age, his residence, the registered damage rate, the vehicle type and others.

Likewise, at the displayed tariffs the insurance compenies may apply some of their own correction coefficients (to decrease or to increase the bonus) depending on the policyholder.

Therefore, please carefully analyse the price offers in order to take into account all the existing data. ~top~


The Bonus / Malus System

For all the mandatory CAL insurances concluded starting with January 1-st 2010, the insurance companies have the legal obligation to apply the bonus-malus system, which leads to the decrease or to the increase of the CAL insurance bonus, depending on the damage rate history realized by the policyholder/ the physical person user in a reference period.

Because the I.S.C. norms regulate the existence of 14 bonus classes, it emerges that, if for a period of 7 years a policyholder did not caused damages compensated based on the CAL policy, the given bonus may come to 50%.

For the application of a malus for a policyholder/ physical person user, the events for which at list a damage has been paid in the reference period are taken into account, based on the CAL policy own by this. In such a situation, the malus is applied regardless who has driven the vehicle at the date on which the accident happened, and also regardless the accident protocol modality (by report made by police or by accident fiendly finding). 

The malus clause (the bonus increase) is applied depending on the number of the caused and paid damages, being able to reach up to 200%. 

B – represents BONUS (discount), and the number next to B letter represent the discount level.

There are 14 BONUS classes for which the next discounts are given :

It is very important what type of BONUS class you have on the CAL policy for the establishemnt of the next discount class (the discounts are given only if you did not had any damages in the previous calendar year and in the current year). 

The discounts are given in this way until you reach to B14 only if you do not have damages. 

M – represents the MALUS (increase), and the number next to the M letter represent the increase level. 

There are 8 MALUS classes for which the next increases are applied :

The MALUS is being calculated depending on :

-      the number of damages caused in the previous calendar year
-      the number of damages caused in the current calendar year
-      the previous BONUS / MALUS class
-      the period for which the insurance is prolongued (6 months or 12 months)

In the two tables you may find the coefficients with the BONUS and respectively MALUS risk calsses. 

Table 1 

Tabel 2. The application modality of the Bonus – Malus system in case of reinsurance after causing accidents :

~top~

 

INSURANCES FOR CARS AT THE FIRST REGISTRATION

If the insurance is made for the registration of a car, the BONUS / MALUS is not taken into account even if you have other cars on your name. 

If a policyholder owns more vehicles, the bonus – malus system is distinctly applied for every vehicle. Likewise, in the case of the allienation/ radiation of the insured vehicle, the establishment of the bonus – malus class for a new-obtained vehicle is made starting from the bonus – malus class from which the policyholder has previously benefited.

The bonus – malus system is regulated by the Insurances Surveillance Commission through the norms regarding the mandatory CAL insurance, which are modified and completed any time is necessary. ~top~


What Must be Done after the Damage Happened?

If you were damaged after an incident caused by a vehicle, you must revolve to the insurer of the person who is guilty for causing the damage, with the finding report from the police or, as the case is, with a copy of the “Friendly Finding” form.

The use of the Accident Friendly Finding Form is made by the two drivers only when there is a common will agreement. At the completion of this form a great attention is necessary, specially at the accurate registration of all rubrics from the content. On the I.S.C. site (ASF) www.csa-isc.ro, in the undermenu Auto Insurances/ The Friendly Finding of an accident you may find out for what type of accident and in which conditions this form can be used, which are the advantages of its usage and the steps to be followed.

For the opening of the damage file you may appeal to any territorial unit of the respective insurer, regardless the unit that has issued the policy. 

We remind you the fact that the damaged party has the right to ask for compensations for the damages caused to the vehicle, also before its reparation. The CAL insurer has the obligation to establish the compensation’s  quantum at the value practiced by the speciality units or provided in the speciality catalogues so as the compensation received will allow the damaged person to make the repairs.

Likewise, we remind you that in any situation, the damaged persons have the possibility to make the repair at any repair unit they want to, regardless the fact that it is present or not on the services list with which the insurance company has concluded collaboration conventions.

The CAL insurer has the obligation to make the payment of the damage files in maximum 10 days from the date of the submission of the last document necessary for the establishment of the liability and for the damage’s quantification. 

If the CAL insurer has well-founded suspicions about the way in which the accident happened, then he has the obligation to communicate in written form to the policyholder and to the damaged person, within 5 days from the date of the damage notification, the intention to develop investigations. These investigations may last more than 3 months from the date of the damage notification. The CAL insurers have the right to make their own investigations regardless that the accident was recorded by a Police report or by the Accident Friendly Finding form.

If you have been damaged after an accident caused by an insured vehicle but registered abroad, you may appeal to the Motor Vehicles Insurers Office from Romania in order to obtain assistance.

If the person guilty for causing the damage does not own a mandatory CAL insurance valid at the date at which the accident happened or he has not been identified, we recommend you appeal to the Protection Fund of the Road Victims (www.fpvs.ro). 

The compensations given to the damaged third party from this Fund, cover :

-      the material damages and also the corporal damages – if the person guilty for causing the accident does not own a mandatory CAL insurance (following that the Fund to retrieve its money from the guilty person);
-      only the corporal damages – if the person guilty for causing the accident has remained unidentified. ~top~


Uninsured …

If you are the owner of a vehicle and you do not conclude the mandatory CAL insurance or you do not keep it valid in a continuous way, by paying the insurance bonuses, you are committing a contravention.

The contravention is found out by the Police personnel and it is sanctioned with : fine from 1000 ROL to 2000 ROL, the retention of the registration certificate and of the registration/ matriculation plates, until the presentation of the document ragarding the conclusion of the insurance. (The Law nmb. 136/1995, with the subsequent modifications and completions; The Emergency Ordinance nmb. 195/2002 regarding the circulation on the public roads, republished, with the subsequent modifications and completions).

Likewise, based on the Emergency Ordinance nmb. 189/2005 for the establishment of some measures regarding the registered road vehicles, approved with modifications and completions by the Law nmb. 432/2006, the quality of CAL uninsured may be found out also by comparison by the Direction Regime of the Driving Licences and Vehicles Registration – Ministry of Administration and Internal Affairs, of auto park of the registered vehicles with the data base at national level regarding the valid CAL insurances (CEDAM). In this situation, you will receive a notice from the competent organs – the Road Police personnel – by which you are notified about your quality of uninsured and, if within the term provided by the in force regulations, you do not make the proof of the conclusion of the CAL insurance, the registration of the vehicle you own will be ex oficio suspended. 

Moreover, if you cause an accident and you do not own a valid CAL insurance, the person you have damaged has the right to ask for compensations directly from you (in a friendly way or following a judiciary decision), or indirectly, starting with the year 2005, by appealing at the Protection Fund of the Road Victims (which has the right to recuperate from you the compensation paid to the third party damaged by you).

The damage produced my arrive to very large amounts, the payment of which being able to surpass the budget of a family. Taking this aspect into account, the person who circulates without having a valid civil auto liability insurance, assumes an enormous risk. ~top~


The Control

The proof of the existence of the mandatory CAL insurance, in case of controls made by the competent authorities, according to the provisions of the art. 64 from the Law nmb. 136/1995, with the subsequent modifications and completions, consists of :

-      the CAL policy issued by the CAL insurer, for the written validity period, as well as the vignette applied on the vehicle’s windshield in a visible place from the outside, for the vehicles matriculated or registrated in Romania;
-      the international insurance document;
-      the vehicles international civil liability insurance documents, issued by the abroad CAL insurers, with validity on the Romanian territory and only for the period mentioned in them, or the frontier insurance policy for the vehicles matriculated / registered outside the European Economic Space and the Swiss Confederation.

These documents are necessary for you also at the registration in circulation of the vehicle, at the change of the vehicle’s registration number and at the periodical technical inspection of the vehicle.

By the foundation of the unique informatic system of evidence of all the CAL insurances, the insurers are sending the exact situation of all insurance contracts and of the payments of the insurance bonuses which will be compared with the updated situation of the registered vehicles, existing the possibility of the identification of all registered vehicles that are not CAL insured. ~top~

Consultation (advice) 
Auto Registrations

Please send us the scanned documents and we will tell you what you have to do!

When does the CAL expire?

We remind you when the insurance policy expires
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