Insurance in Romania
Legal Assistance in the Insurance Sector – Services Offered by Blaj Law
The lawyers at Blaj Law provide legal consultancy and representation in all matters related to insurance contracts, whether it concerns mandatory or optional insurance, auto insurance, home insurance, health insurance, or life insurance. Our team of lawyers in Romania offers assistance to both insurance companies and insured individuals, nationally and internationally, proposing strategies tailored to each case.
We are committed to offering each client efficient legal solutions aimed at preventing disputes and resolving them favorably when litigation cannot be avoided. Over time, numerous disputes have arisen due to unjustified refusals by insurance companies to pay due compensation, abusive reductions in payouts, or delays in processing claims. Additionally, medical service providers often face difficulties in obtaining reimbursement from insurers.
In such situations, the prompt intervention of a lawyer specialized in insurance law can make a significant difference. The lawyers at Blaj Law analyze each case in detail and provide strategic legal advice.
The Romanian Insurance Contract
The insurance contract is regulated by Law No. 237/2015 on the authorization and supervision of insurance and reinsurance activities as well as the provisions of the Civil Code. It is a legal agreement where one party, referred to as the insurer, assumes the obligation to cover a specific risk to which the other party, called the insured, is exposed, in exchange for the payment of a sum of money known as the insurance premium.
Depending on its nature, the contract may aim to protect the insured’s assets (property insurance, such as auto or home insurance) or personal protection (life, health, or accident insurance).
The insurance contract is considered aleatory, meaning that the insurer’s primary obligation – to pay compensation or the insured sum – depends on the occurrence of a future and uncertain event, called the insured event. Therefore, such a contract does not guarantee the prevention of the insured event but only covers the financial damages caused by its occurrence.
Insurance contracts can be affected by various abusive practices or unilateral interpretations of contractual clauses by insurance companies, which may severely harm the insured’s rights.
Some of the most common issues in these contracts include abusive clauses, misinterpretation of policy terms, and unjustified refusals to pay compensation, leading to complex litigation and prolonged disputes between parties.
Under Law No. 193/2000 on abusive clauses in contracts concluded with consumers, a clause is considered abusive if it creates a significant imbalance between the rights and obligations of the parties to the detriment of the consumer.
Another problematic aspect in the insurance sector is the unjustified refusal of insurance companies to pay the due compensation. Often, this refusal is not based on valid legal grounds but on tactics intended to discourage the insured from asserting their rights.
Specialized insurance lawyers from Blaj Law offer consultancy and legal representation in all stages of disputes with insurers, from filing claims to initiating and resolving court cases.
Rights and Obligations of the Parties in an Romanian Insurance Contract
According to applicable legal provisions, the insurer must cover the risks specified in the contract and compensate the insured in the event of the insured event. Conversely, the insured must provide truthful information relevant to risk assessment and comply with the contractual conditions.
Disputes between insured individuals and insurance companies often arise when insurers unjustifiably refuse to pay the requested compensation, propose an inadequate settlement amount, or unduly delay claim processing.
Legal Consultancy and Assistance Provided by Blaj Law
The Blaj Law team offers legal assistance both in the pre-litigation stage, through strategic consultancy for obtaining compensation, and during litigation, through representation in court. Our legal services include:
- Analyzing the insurance contract and identifying the rights and obligations of the parties
- Drafting notifications and compensation claims
- Challenging the insurer’s assessment
- Providing legal assistance throughout the claim settlement process
- Legal representation in disputes with insurance companies
- Assistance in insolvency proceedings of an insurance company
Insurance Disputes and Their Resolution
If the insurance company unjustifiably refuses to pay compensation or does not respond within the legal deadline, the insured has the right to initiate legal action to enforce the contract.
Under Article 252 of Law No. 237/2015, if an insurer becomes insolvent, the Policyholders’ Guarantee Fund may intervene to cover the compensation owed to policyholders, within the limits set by law.
The Importance of Legal Consultancy in the Romanian Insurance Sector
Whether it involves signing an insurance contract, negotiating a settlement, challenging a denied claim, or recovering losses due to an insurer’s insolvency, specialized legal assistance can make a crucial difference in the outcome. Blaj Law provides expert legal guidance in the insurance sector, offering clients effective strategies to protect their rights and secure their entitled compensation.
Since each case is unique, personalized legal consultancy is essential for identifying the best legal approach. Contact Blaj Law for a detailed case analysis and the best legal solutions available.
