I.The European Regulations of the Institution
Second Council Directive of the 30th December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles requires each member State of the European Union to make provisions for a body to guarantee that the victim will not remain without compensation for bodily injuries or property damage where the vehicle which caused the accident is uninsured or unidentified.
The Member States had the obligation to amend their national legislation to comply with this Directive not later than 31st December 1987 and to apply the provisions not later than 31st December 1988.
This body is set up and acts in every member State of the EEA and Switzerland and it is usually named Guarantee Fund. |
II. The Romanian Regulations of the Institution – Short Introduction
There are four distinct periods of time related to the evolution of FPVS depending on the date of the accident.
Therefore for accidents that took place between:
 1. 1st February 1996- 25th May 2004 FPVS guaranteed only for the reimbursement of bodily injuries and only if these accidents were caused by an unidentified vehicle. The beneficiaries of the compensation could be natural persons regardless of their residence or citizenship.
2. 26th May – 31st October 2006 FPVS guaranteed the payment of compensation to Romanian Citizens or residents in Romania for damages suffered as a result of car accidents that took place in Romania, accidents caused by uninsured vehicles or trams and also by unidentified vehicles. If the accident was caused by an unidentified vehicle the Fund compensated only for bodily injuries, and in the case of an accident caused by an identified but uninsured vehicle or tram FPVS compensated for both bodily injuries and property damages. The beneficiaries of compensation can be Romanian natural and legal persons and only in particular cases the natural and legal persons who are foreign citizens.
3. 1st November 2006 –17th April 2008, FPVS guaranteed to compensate the injured party if the vehicle or tram which caused the accident is uninsured or unidentified. An accident caused by an unidentified vehicle means that there was a direct collision with the injured party or the damaged goods after which the guilty party left the site of the accident.
If the author of the accident is unidentified the Fund shall compensate only for bodily injuries. If the victim suffered bodily injuries which necessitated medical care for more than 60 days, the Fund shall than compensate for property damages as well. In these cases the Fund shall pay an indemnification only in excess of 500 euro or the equivalent in lei.
If the vehicle or the tram which caused the accident does not have compulsory MTPL, the Fund shall compensate the victim for both property damages and bodily injuries. In these cases the Fund shall pay an indemnification in excess of 100 euro or the equivalent in lei for material damages. The natural and legal persons as well as the residents in Romania or in the EEA can be entitled to the compensation depending on the date of the accident.
4. 18th April 2008 – up to the present, FPVS guarantees to compensate the injured party if the vehicle or tram which caused the accident is uninsured or unidentified. An accident caused by an unidentified vehicle means that there was a direct collision with the injured party or the damaged goods after which the guilty party left the site of the accident.
If the author of the accident is unidentified the Fund shall compensate only for bodily injuries. If the victim suffered bodily injuries which necessitated medical care for more than 60 days, the Fund shall compensate for property damages as well. In these cases the Fund shall pay an indemnification in excess of 500 euro or the equivalent in lei.
If the vehicle or the tram which caused the accident is known but has failed to fulfill it’s obligation to conclude valid compulsory MTPL, the Fund shall guarantee to compensate the victim for both property damages and bodily injuries in full, with no more excess aplicable.
For accidents occurred during each of these four periods of time, the principle of subsidiarity of the Fund’s intervention was enforced by law. |
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