Steps to be taken for the opening of the claimant file by the Policyholder Guarantee Fund
For the opening of a claim file, the insurance creditor (Insured/Injured party), directly or through a proxy, we recommend the following:
1. Annex no. 7 – Request for opening the loss file (as provided by Norm 24/2019) or by filling the online Form Request for opening the loss file
2. Annex no. 8 – Statement regarding the event (as provided by Norm 24/2019).
The filled forms shall be submitted to the e-mail address constatari.daune@fgaromania.ro .
The request for opening a claim file (Annex 7) can be filled in case of occurrence of an insured event covered by an insurance policy issued by the insolvent insurer, that was valid at the date of the event and for which there is no files opened with the insurer. Annex 7 can be submitted to the Fund via email address constatari.daune@fgaromania.ro, through postal services or it can be filed online here.
The insurance contracts remain valid up until a maximum of 90 days from the pronouncement date of the Court decisions for commencement of winding-up procedures, or cease at a previous date following denouncement by the policyholder.
The insurance contracts remain valid up until a maximum of 90 days from the pronouncement date of the Court decisions for commencement of winding-up procedures, or cease at a previous date following denouncement by the policyholder.
The request for opening a claim file can be submitted following the occurrence of the insured event. The legal framework provides that claimants can submit a request for opening of the claim file, Annex 7, for insured events occurred starting with the publishing date in the Official Journal of Romania of the Financial Supervisory Authority’s Decision for withdrawal of functioning authorization of the insurer, but no later than 90 days from the pronouncement date of the Court decisions for commencement of winding-up procedures, as well as for events occurred before the publishing date of the Financial Supervisory Authority’s Decision for withdrawal of functioning authorization of the insurer, if the claim files was not opened by the insurer. The request for opening a claim file, Annex 7, can be submitted to the FGA via email address constatari.daune@fgaromania.ro, through postal services or it can be filled online here.
The insurance creditor (insured person, beneficiary of insurance or injured party, as applicable), or the agent appointed by FGA for this purpose.
*According to the law, insurance creditors that notified the losses with the insurer, before the publishing date in the Official Journal of Romania of the Financial Supervisory Authority’s Decision for withdrawal of functioning authorization of the insurer and for which the insurer did not open a claim file, nor ascertain and evaluate the losses, can submit a request for opening a claim file to the FGA.
*According to the law, insurance creditors that notified the losses with the insurer, before the publishing date in the Official Journal of Romania of the Financial Supervisory Authority’s Decision for withdrawal of functioning authorization of the insurer and for which the insurer did not open a claim file, nor ascertain and evaluate the losses, can submit a request for opening a claim file to the FGA.
If additional determination of losses is necessary for claim files already opened by the insurer, the Fund will take steps for their ascertainment, following a written request submitted by the claimant, or by the repair unit, via email address constatari.daune@fgaromania.ro, through postal services or through other means that ensure the transmission of the text.
A claimant can request the opening of a claim file by filling in The request for opening a claim file, Annex 7, which can be submitted via email address constatari.daune@fgaromania.ro or through postal services with registered letter with acknowledgement of receipt at the headquarter of FGA. The request for opening the claim file can also be done online here.
The request for opening a claim file, Annex 7, can be submitted via email address constatari.daune@fgaromania.ro or through postal services at the headquarter of FGA, with registered letter with acknowledgement of receipt, or it can be filled in online here.
To streamline the process for opening the claim files, it is advisable that the following documents are attached to the request for opening the claim file:
• Annex 8 – Statement regarding the event, filled in and signed
• Copy of the mandatory/optional insurance contract of the culpable vehicle
• Copy of identity card and driving license of the driver that suffered the loss
• Copy of registration certificate of the vehicle that was damaged
• Copy of registration certificate of the insured vehicle, in case of optional insurance contracts
• Amicable settlement of the accident or the Report issued by Police/Annex 2
• Power of attorney/empowerment granted to the person opening the claim file, signed and stamped, if the injured person is a legal person, or notary empowerment, if the injured person is a natural person
• Power of attorney/empowerment from the leasing company, if the damaged vehicle is owned by a leasing company
• Digital photographs of the damaged vehicle/damaged good, if the requests are sent via email address.
• Annex 8 – Statement regarding the event, filled in and signed
• Copy of the mandatory/optional insurance contract of the culpable vehicle
• Copy of identity card and driving license of the driver that suffered the loss
• Copy of registration certificate of the vehicle that was damaged
• Copy of registration certificate of the insured vehicle, in case of optional insurance contracts
• Amicable settlement of the accident or the Report issued by Police/Annex 2
• Power of attorney/empowerment granted to the person opening the claim file, signed and stamped, if the injured person is a legal person, or notary empowerment, if the injured person is a natural person
• Power of attorney/empowerment from the leasing company, if the damaged vehicle is owned by a leasing company
• Digital photographs of the damaged vehicle/damaged good, if the requests are sent via email address.
a). Following the submission of the request for opening the claim file, the Fund, either directly or through its agents, shall contact the claimant in order to carry out the ascertainment of damages and evaluation of losses;
b). The claimant fills in Annex 8 – Statement regarding the event
c). The Report for ascertainment of losses is drafted by the specialist tasked with ascertainment of losses within FGA, or by FGA’s agents under conventions/cooperation agreements, in case of mandatory insurance, or under insurance conditions relating to the insurance contract for which the event was endorsed, in case of optional insurance
d). The ascertainment of losses is done on the basis of the documents that attest the occurrence of the insured event, issued by public competent authorities, such as police, fire unit or other competent authorities according to the law, or on the basis of other documents that attest the causes and circumstances of the event, such as the Amicable settlement of the accident, statement of the insured or other similar documents, pursuant to the law;
e). The Fund or its agents under conventions/cooperation agreements, request the claimant to submit to the claim files the insurance policy/insurance contract, the documents mentioned at lett. d)., the documents that attest to the extent of the claim, documents attesting the patrimonial interest, documents supporting the amount of the claim and, as applicable, other documents relevant to the analysis of the file;
f). Documents shall be submitted in Romanian language and, if they are drafted in a foreign language, they should be accompanied by authorized translation, pursuant to the law;
g). The Report for ascertainment of losses shall be sent to the claimant and attached to the claim file;
h). On request of the claimant or of the repair unit, the Fund or its agents under conventions/cooperation agreements, can carry out additional determination of damages which were not identified at the initial ascertainment. The request for additional determination of damages can be submitted by the claimant or by the repair unit via email address constatari.daune@fgaromania.ro
b). The claimant fills in Annex 8 – Statement regarding the event
c). The Report for ascertainment of losses is drafted by the specialist tasked with ascertainment of losses within FGA, or by FGA’s agents under conventions/cooperation agreements, in case of mandatory insurance, or under insurance conditions relating to the insurance contract for which the event was endorsed, in case of optional insurance
d). The ascertainment of losses is done on the basis of the documents that attest the occurrence of the insured event, issued by public competent authorities, such as police, fire unit or other competent authorities according to the law, or on the basis of other documents that attest the causes and circumstances of the event, such as the Amicable settlement of the accident, statement of the insured or other similar documents, pursuant to the law;
e). The Fund or its agents under conventions/cooperation agreements, request the claimant to submit to the claim files the insurance policy/insurance contract, the documents mentioned at lett. d)., the documents that attest to the extent of the claim, documents attesting the patrimonial interest, documents supporting the amount of the claim and, as applicable, other documents relevant to the analysis of the file;
f). Documents shall be submitted in Romanian language and, if they are drafted in a foreign language, they should be accompanied by authorized translation, pursuant to the law;
g). The Report for ascertainment of losses shall be sent to the claimant and attached to the claim file;
h). On request of the claimant or of the repair unit, the Fund or its agents under conventions/cooperation agreements, can carry out additional determination of damages which were not identified at the initial ascertainment. The request for additional determination of damages can be submitted by the claimant or by the repair unit via email address constatari.daune@fgaromania.ro
For any claim file opened by FGA or taken over from the insolvent insurer, the claimant must submit a payment request – Annex 10 – via email address cerere.plata@fgaromania.ro.
