In the event of a road accident resulting in total damage to the vehicle that is NOT at fault for the accident, the owner of this vehicle has the right to obtain from the RCA insurance company of the person responsible for the accident the equivalent value of another car, identical in point from an aesthetic point of view, the degree of wear and tear and the age of the damaged one, in that case, we also require the Car Wreck Lawyer.
In such cases, insurance companies offer an amount of compensation with which the injured party can buy another vehicle, from which the value of the wreckage is deducted. RCA insurance companies generally do not take over the wrecks, but they remain with the damaged person. Also, the RCA companies do not deal with the deletion of the wreck either, but the damaged person also deals with this.
Deliberating on this civil action, note the following:
Through the application registered on the roll of the Târgu Bujor Court, Galați County under the unique number of
File 868/316/2009 on 22.06.2009, the plaintiff DRL requested the court, in contrary to the defendant’s SC O VIG Grup SA and SC O VIG Grup SA – SG, the obligation them upon payment of the car compensation established by the claim file no. CA/GL/08/4698 and upon payment the legal interest calculated for the unpaid amount starting from the date on which the insurer had the obligation to pay the compensation, respectively 15 working days after receiving the compensation request (25.02.2009) and until the effective payment of the debt, in accordance with art. 17.3 of the General Conditions Contractual.
In justifying the request for summons, the plaintiff showed that following the production of the road accident on 23.12.2008, on the road from the exit from the town of Bălăbăneşti, resulting in damage to the car with no. of registration VS – 03 – YGO, SC O VIG entered the liability G SA, for the production of the risk insured by the optional car policy, series C
Not. 699897.
The plaintiff showed that according to art. 17.1 and art. 17.3 regarding the contractual terms, the defendant SC O
VIG Grup SA – Galaţi branch, through the car service agreed by the latter, also noted and assessed the damage caused by the accident, issuing a repair estimate. The plaintiff shows that after issuing the estimate, the defendant assessed the car as Total damage, according to the provisions of art. 1.18 of the General Contractual Conditions of the Insurance Policy, the insured car is considered a total breakdown when “the repair, replacement, reconditioning of the parts or its component parts, exceeds 90% of the sum insured, according to the findings to the insurer, it is no longer possible or it is no longer economical”.
It also shows that on 25.02.2009 she was called to the defendant’s headquarters in the municipality. Galati, to complete the claim for compensation in the amount of 101,395.13 lei, this being the last Document submitted to complete the claim file no. CA/GL/08/4698. Since SC O VIG Grup SA – SG cannot decide on the approval of damage files for granting compensation in an amount greater than 18,000 lei, claim file no. CA/GL/08/4698 was sent for approval to the office in Bucharest.
The plaintiff points out that although SC O VIG Grup SA B approved the claim file, S of G as he refused to pay the damages hereby fixed, although he had accepted the whole in principle documentation, making a counter-offer for compensation in the amount of 42,617.13 lei, via address no. 1234/25.05.2009, this amount representing, in the opinion of the defendant, the repairs of the car. Regarding this counteroffer, the plaintiff shows that she requested the insurer by notification from 28.05.2009 to communicate the supporting documents that were the basis of this amount, as well as a possible conciliation regarding the amicable settlement of the dispute,
In accordance with art 23.10 from the general contractual conditions, the defendant did not present any documents and refused conciliation. The plaintiff also specifies that she cannot make concrete statements regarding the amount with which she is to pay to be compensated, since no action has been served on him and he does not know whether the amount of compensation requested through the compensation claim was reduced, according to art. 10.17 of the general contractual conditions, the amount of the franchise, and the number of premium installments due until the end insurance period. It also requests the attachment of the damaged file. The request was based in law on the provisions of art. 8, 43, 49, and 51 of Law no. 136/1995 with subsequent changes and on the General Contractual Conditions and was stamped with a court fee of stamp worth 39 lei.
Together with the application, the plaintiff submitted, in copy, insurance policy series C no. 699897 (tabs 5 – 12), CI applicant (tab 13), address no. 1234/25.05.2009 (tab 14), notification of 28.05.2009 (tab 15), confirm.
Each case involving a car accident presents a new set of facts from which the lawyers at the Law Offices of George Salinas aim to figure out who might be responsible. In general, our most common representations regarding car accidents involve clients whose loved one has been killed in a car accident and clients who have suffered injuries in a car accident due to the wrongful actions or negligence of third parties. For example, we may represent a client whose family member died as a passenger in a vehicle driven by a speeding Car Wreck Lawyer.
We may represent an accident victim who has lost control of their car due to a manufacturer-caused car defect. Or we can represent a driver who crashed because a road department did not properly maintain the road surface. We make it a priority to identify all parties who may be responsible for our client’s injuries and suffering. We have years of practice finding these parties and then crafting legal strategies to give our clients the best possible chance to recover compensation and receive the justice they so richly deserve.
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