Conditions Referring to the Optional Motor Insurance Against Damage (All Risks - Casco)
1. The Object of the Insurance
'Grupul De Asigurari Roman A' (here after referred to as Grup As)! as Insurer! rel"ing on these present conditions and on the concluded Insurance Contract (#olic")! agrees on pa"ing damages$indemnit" to the Insured (holder! hus%and$&ife! children &hen natural persons are in'ol'ed! and the compan"'s emplo"ees &hen legal entities are in'ol'ed)! for the losses or damage caused to the motor 'ehicles! he$she o&ns( )he optional motor insurance (CACO) ma" e*tend to those situations &hen! taking into consideration the moment the insured e'ent took place! the motor 'ehicle &as dri'en %" another person! different from the Insured! pro'ided a supplementar" premium is paid( )he optional motor insurance ( CACO) can %e concluded onl" for motor 'ehicles registered in Romania( Grup As's responsi%ilit" starts at +,(--! the ne*t da" after the insurance contract &as concluded and the insurance premium (or the ad'ance) &as cashed and it stops at +,(--! the last da" of the period for &hich the insurance &as concluded and the insurance premiums &ere cashed( )he Insurance #olic" is concluded after the Insured's filling in an application form! &hich! together &ith all the other &ritten statements of the Insured make up the insurance contract( 2. Insured Risks Grup As pa"s damages$indemnit" to the insured motor 'ehicles! for the follo&ing t"pes of damage caused %". 2.1. collisions &ith other motor 'ehicles or &ith an" other mo%ile or stationar" o%/ect! getting out of road! upsettings! motor 'ehicle's falling off! motor 'ehicle's %eing hit %" hea'" falling o%/ects! the %reak of the road or of a %ridge on &hich the insured motor 'ehicle &as l"ing! skiddings (follo&ed %" damage)0 2.2. fire - the compan" pa"s for the damage directl" caused to the insured motor 'ehicle! as &ell as for the damage indirectl" caused to it (smoking! damage caused %" the gi'en out heat! damage caused %" the e*tinguisher)0 2.3. natural calamities. the compan" pa"s the damages$indemnit" for the insured motor 'ehicle if the damage is caused %". earth1uakes! allu'ia! floods! lightnings! landslides! tornadoes$&hirl&inds! hurricanes! hail! ice! sno& la"er &eight0 2.4. In case that the insured e'ent takes place! the Insurer &ill pa" the reasona%le e*penses co'ered %" the Insured for. a) tugging the insured motor 'ehicle to a garage authorised to repair the respecti'e t"pe of motor 'ehicle0 %) damage or destruction caused %" measures taken &hile the insured e'ent took place in order to sa'e the motor 'ehicle or the occupants' li'es! to limit the damage( 2.5. Grup As also pa"s damages$indemnit" for damage caused to . a) electronic audio-'ideo de'ices and air-conditioners especiall" designed for motor 'ehicles! onl" if the motor 'ehicle in 1uestion &as e1uipped &ith the respecti'e de'ices and if the respecti'e de'ices &ere damaged simultaneousl" &ith the %od" of the motor 'ehicle (including the trailer) and if one of the insured risks is at stake( %) motor 'ehicle's t"res or tu%es (including the spare t"re)! tools! e*tinguisher and first-aid kit! onl" if these &ere inside the motor 'ehicle and if the" &ere damaged simultaneousl" &ith the %od" of the motor 'ehicle (including the trailer) and if one of the insured risks is at stake( c) other constituti'e or spare parts of the motor 'ehicle! e*cept the ones mentioned in +(2 a) and %) a%o'e! &hile the" &ere dismantled from the motor 'ehicle for %eing repaired or maintained! onl" if the respecti'e damage &as caused %" fire! lightning or e*plosion( 3. Exclusions According to these insurance terms! Grup As &ill not pa" damages$indemnit" for. 3.1. Damage caused to the insured motor 'ehicle in the follo&ing situations. a) if the moment the damage took place the insured motor 'ehicle did not ha'e a 'alid registration certificate or other 'alid dri'ing permit( %) if the moment the damage took place the recurrent technical inspection of the insured motor 'ehicle &as not 'alid( c) if the moment the the damage took place the insured motor 'ehicle &as dri'en or actuated %" a person &ho did not ha'e a dri'ing licence suita%le for the respecti'e categor" of motor 'ehicle! or &hose dri'ing licence &as &ithdra&n! cancelled or held for suspension or cancellation0 d) if the moment the accident took place the insured motor 'ehicle's dri'er &as under the influence of alcohol or drugs! or if he$she e'entuall" eluded the %iological tests necessar" for esta%lishing the percent of alcohol in his$her %lood0 e) if the moment the accident took place the Insured or the person authorised %" him$her to use the insured motor 'ehicle &as committing a deed &hich is condemned %" the criminal la&0 f) if it is pro'ed that the damage &as purposefull" caused %" the Insured or %" his$her delegates0 g) atomic e*plosion! radiations or radioacti'e contamination as result of misusing atomic energ" or fissiona%le materials! of pollution or contamination due to an" cause( 3.2. Damage caused to the motor 'ehicle &hen it &as used during contests! competitions or training periods for the alread" mentioned e'ents( 3.3. Motor 'ehicle damage caused %" &ar (ackno&ledged or not)! ci'il &ar! in'asion! militar" occupation( 3.4. Damage caused to t"res due to an" situation (e*cept the ones mentioned in +(2( %)( If! %ecause some parts of the motor 'ehicle &ear out! partiall" or totall" get out of order due to an" cause! due to t"res included! damage is caused (in case one of the co'ered risks is at stake) to other constituti'e parts than the ones the parts in 1uestion are a part of! the compan" pa"s damages$indemnit" for these constituti'e parts( )he parts partiall" or totall" out of order &hich &ere the cause of the e'ent &ill not %e paid for( 3.5. Damage or destruction as the result of 'andalism! terrorism or social uphea'als( )he insurance can %e e*tended to co'er the risks mentioned in 3(2( pro'ided a supplementar" premium is paid( 3.6. Damage caused as result of collision &ith a rail 'ehicle! %ecause the dri'er did not o%ser'e the rules related to crossing a rail&a" e1uipped &ith %arrier! semi-%arrier or light signal( 3.. Damage caused to the motor 'ehicle as the result of its getting into flooded places such as underground passage! holes! etc( 3.!. Damage caused to the motor 'ehicle as the result of its %eing transported! tugged or to&ed( 3(4( An" losses suffered as the result of its %eing confiscated! re1uisitioned! nationalised( destro"ed or damaged %" state officials( 3.1". Damage caused %" fire or e*plosion as the result of using open fire! inflamma%le or e*plosi'e materials in the same room &ith the motor 'ehicle( 3.11. Damage caused %" normal using and functioning! normal &earing out! %" ill maintaining or caused %" some manufacturing or assem%ling fla&s of the motor 'ehicle( 3.12. Damage caused to constituti'e parts! other parts! co'ers! tarpaulin! fuels! supplementar" e1uipments and$or an" other goods placed in the motor 'ehicle! e*cept the ones mentioned in 2.5.b#( upplementar" e1uipment represents the o%/ects &ith &hich the motor 'ehicle %elonging to the respecti'e make and t"pe is not endo&ed in case of mass production( )he compan" does not consider to %e supplementar" e1uipment the follo&ing. the radio set! the refrigerator! tape recorder or )5 set especiall" designed for motor 'ehicles and fitted onto them! fog lights! the tools &hich are a part of the tool case! the first-aid kit as &ell as an" other e1uipment &hich is fitted onto the motor 'ehicle( )he compan" does not consider to %e spare parts. the &heels! including the t"re and tu%e &ith &hich the motor 'ehicle of the respecti'e make and t"pe is endo&ed in case of mass production( 3.13. )he mone" spent on transforming or modif"ing the motor 'ehicle as compared to its state %efore the insured e'ent took place! the mone" spent on unsuccessful repairs and the mone" claimed %" the repairing garage in order to co'er the operations needed for ascertaining the damage( 3.14. )he mone" spent %" the Insured in order to replace the motor 'ehicle's opening$closing and starting de'ices! pro'ided he$she let Grup As kno& a%out the theft$loss of the motor 'ehicle's ke"s or remote-controls( 3.15. Replacing certain damaged parts of the motor 'ehicle &hich is under guarantee! and although the repairing of the respecti'e parts is technicall" possi%le and does not affect the traffic securit"! the authorised and specialised garage asks for the damaged parts to %e replaced so that the guarantee &ould %e maintained( 3.16. Damage (including the theft of the motor 'ehicle or the theft of some constituti'e parts or spare parts %" %reaking into) &hich &as not notified in &riting o%ser'ing the terms in 4(,( c) from the present conditions! respecti'el" in 2 a) from ')he specific conditions for insuring motor 'ehicles against theft'( 3.1. Damage caused %" technical errors or fla&s e*isting at the %eginning of this polic"! of &hich the Insured or his$her delegates &ere a&are! no matter if these errors or fla&s &ere or &ere not kno&n %" the Insurer( 3.1!. )he sum from the damage &hich is paid %" the Insured! that is the deducti%le &hich &as negotiated and mentioned in the polic"( )he polic" does not co'er the damage caused to third parties( 4. T$E I%&'RE( &')& 4.1. )he motor 'ehicles are insured for their real 'alue esta%lished the moment the insurance &as concluded or the polic" &as rene&ed( )he real 'alue represents the 'alue of the motor 'ehicle as if it &ere ne&! multiplied %" the &earing out coefficient according to the &earing out ta%le %elo&( )he ta%le including the &earing out coefficients for motor 'ehicles! according to age! is enclosed and and represents a constituti'e part of the present insurance polic"( Age 6 of the 'alue of the motor 'ehicle as if it &ere ne& in "ears motor 'ehicles for &hich the ma*imum authorised &eight does not e*ceed 3(2 t and for those that do motor 'ehicles for &hich the ma*imum authorised &eight e*ceeds 3(2 t and for those that ha'e more not ha'e more than 4 places on seats than 4 places on seats 7 "ear 7st semester 43 42 +nd semester 82 8- + "ears 7st semester 99 93 +nd semester 9+ :2 3 "ears 7st semester :9 :7 +nd semester :3 22 , "ears 7st semester 28 2+ +nd semester 22 ,8 2 "ears 7st semester 2+ ,, +nd semester ,8 ,- : "ears 7st semester ,2 39 +nd semester ,+ 32 9 "ears 7st semester 37 +2 +nd semester +4 ++ 8 "ears 7st semester +2 +7 +nd semester ++ 74 4 "ears 7st semester +- 78 +nd semester 78 79 7- "ears 7st semester 7: 7: +nd semester 72 72 more than 7- "ears 72 7- )he 'alue of the motor 'ehicle as if it &ere ne& the moment it &as insured represents. a) for motor 'ehicles produced in Romania! the selling price of the motor 'ehicle as if it &ere ne&! in RO;! the moment the insurance &as concluded0 %) for motor 'ehicles produced a%road! the selling price of the motor 'ehicle as if it &ere ne&! in con'erti%le currenc" (esta%lished according to in'oices or catalogues) to &hich charges and ta*es stipulated in the Romanian ;egislation in force are added( 4.2. All along the insurance period! pro'ided /ustif"ing documents are handed in and %oth parties mutuall" agree on it! the insured sums can %e modified %" issuing a supplement to the insurance polic"( )he /ustif"ing documents &ill %e enclosed in the polic"( 4.3. )he insured sums &ill %e stated in RO; or in a foreign currenc"( 5. T$E I%&'R*%+E ,ERIO( )he insurance is usuall" concluded for a one-"ear period! unless the t&o parties mutuall" agree on another period of time( 6. T$E -EO-R*,$I+*. .I)IT& )he insurance is 'alid %oth in Romania and a%road( . T$E I%&'R*%+E ,RE)I') .1. )he insurance premium either is paid in ad'ance and one-off (single$uni1ue premium) or is paid %" instalments! case in &hich the ad'ance is completel" paid %efore the polic" comes into force( In case that the insurance premium is paid in ad'ance and one-off! the Insured gets a 7-6 reduction of the premium( .2. )he Insured is gi'en a 72-da"s dela" period for paing outstanding instalments! period during &hich possi%le damage is co'ered( In case that the instalments of the insurance premium are not paid until the period of time stated a%o'e e*pires! the Insured loses his$her rights( .3. )he insurance contract can come again into force! after the dela" period has e*pired as far as the premium instalment pa"ment is concerned! (an insurance re-introduction supplement is issued)! if the Insured asks for it in &riting! and this happens onl" after the outstanding instalments are paid and a risk inspection is performed( Grup As &ill not pa" damages$indemnit" for the damage that occured &hile the insurance contract &as interrupted( )he insurance polic" &ill come again into force at +,(-- the da" follo&ing the da" the outstanding premium instalments &ere paid and the insurance re-introduction supplement &as issued( .4. <or insuring the goods &hich are pledged to %anks! the insurance premiums &ill %e completel" and in ad'ance paid( 9(2( <or insurance contracts concluded for periods of time less than a "ear! the insurance premium per month or per month-fraction &ill %e calculated di'iding %" 7- the annual premium( .6. )he insurance premium can %e paid in RO; or in foreign currenc" (according to the rate esta%lished %" Romanian =ational >ank! the da" the transaction &as made)( 9(9( If during the insurance period the Insured did not ask for damages and if the polic" is rene&ed! the ne& insurance premium &ill %e reduced as follo&s. %u/ber of successi0e 1ears 2ith no da/a3e Reduction4(iscount one "ear 726 t&o "ears +-6 three "ears +26 four "ears 3-6 If all along an insurance "ear! to &hich one of the a%o'e discounts &as alread" applied! the Insured asks for damages! &hen the insurance polic" is rene&ed! the initial 1uotation &ill %e considered( Grup As is not supposed to remind the Insured &hen the dates are due &ith respect to the premium instalments of the insurance polic"( !. *&+ERT*I%I%- (*)*-E *%( *5*R(I%- (*)*-E&4I%(E)%IT6 !.1. Ascertaining and assessing the damage are done %" Grup As! directl" or %" means of delegates! together &ith the Insured or his$her delegates or %" means of neutral e*perts! if it is agreed so( In case that the insured e'ent takes place outside Romanian territor"! the damage &ill %e ascertained %" Grup As's delegate in the respecti'e countr"( In situations &hen! according to the report issued %" the police department! a motor 'ehicle o&ner or dri'er! different from the Insured! is guilt" of causing the accident happened in Romania! the compan" &hich concluded the third part" lia%ilit" polic" of the guilt" person can %e announced a%out the accident and this compan" can ascertain the damage( !.2. Assessment and pa"ment of the damages$indemnit" are done %" Grup As taking into consideration all the necessar" documents referring to the causes and conditions that fa'oured the occurrence of the insured e'ent( !.3. 'nder no circu/stances can the a/ount re7resentin3 the da/a3es4inde/nit1 exceed the su/ of /one1 for 2hich the insurance 2as concluded8 the a/ount re7resentin3 the da/a3e or the real 0alue of the /otor 0ehicle the /o/ent the insured e0ent took 7lace8 this 0alue bein3 calculated accordin3 to 4.1. )he amount representing the damage stands for the total cost of the repairs and$or of the replacement of the damaged parts! according to the technological solutions esta%lished in the damage ascertaining report! including the materials and la%our costs! as the" result from the repairing documents! to &hich! in case of partial damage! one adds some possi%le e*penses descri%ed in +(,( )he Insurer has the right to take a&a" from the damages$indemnit" amount a sum that e1uals &ith the premium instalments that should %e paid %" the end of the insurance contract( !.4. )he amount of the damage esta%lished in 8(3(! including the e*penses descri%ed in +(,( cannot e*ceed the real 'alue of the insured motor 'ehicle( If the repairing cost of one damaged constituti'e part e*ceeds the 'alue of this constituti'e part as if it &ere ne&! onl" the 'alue of this constituti'e part as if it &ere ne& &ill %e taken into consideration( )otal repainting of the motor 'ehicle &ill %e considered necessar" onl" &hen at least 2-6 of its e*terior surface &as affected as result of the damage that occured %ecause of the risks included in this insurance( !.5. If! the moment the motor 'ehicle is dismantled for %eing repaired! other damage caused %" the accident is noticed! damage that could not ha'e %een ascertained at the %eginning! the Insured is %ound to let the Insurer kno& a%out it! so that a supplementar" damage ascertaining report could %e made( If Grup As &as not notified of it! the compan" &ill pa" onl" for the damage registered in the ascertaining report made at the %eginning( !.6. If the Insured asks for it in &riting! he$she can take care of the repairs %" him$herself on condition that. the cost of the damaged parts are assessed according to the ?@RO)AA catalogues! and the materials and la%our costs are assessed %" Grup As considering the most reasona%le charges imposed in Romanian specialised garages( !.. )he damages$indemnit" are$is a&arded taking into consideration the original documents %rought %" the Insured! /ustif"ing the e*penses (in'oices! receipts! standing orders! etc)! as follo&s. a) in case that the insurance &as concluded in RO;! the damages$indemnit" are$is paid in RO;! no matter &hat foreign currenc" appears on the e*pense /ustif"ing document0 %) in case that the insurance &as concluded in foreign currenc"! the damages$indemnit" are$is paid in the foreign currenc" that appears on the e*pense /ustif"ing document0 !.!. In case that the insured e'ent took place on the territor" of Romania! the repairs &ill %e made in Romanian specialised and authorised garages( !.9. In case that a motor 'ehicle produced in Romania &as damaged outside Romanian %orders! onl" the repairs a%solutel" necessar" for continuing the /ourne" on one's o&n &heels &ill %e made a%road (including the e*penses for transporting the motor 'ehicle to the garage &hich is closest to the place of the accident)! and the final repairs &ill %e made in Romania( !.1". In case that the temporar" repairs as the" &ere descri%ed in 8(4( cannnot %e made a%road! Grup As &ill co'er the e*penses for transporting the damaged motor 'ehicle to the nearest garage in Romania or to the Insured's address! if the amount of the damage and the performance of the repairs in Romania is /ustified from an economic point of 'ie&( !.11. Out of the damages$indemnit" amount! the follo&ing sums are to %e su%stracted. a) the deductible mentioned in the insurance polic"! that is the part from the damage &hich is paid %" the Insured! e'er" time an e'ent takes place0 %) the 'alue of the remains that could %e used or capitalised0 c) an" premiums that fall due %" the end of the insurance period! as these conditions are descri%ed in 8( 3( !.12. If the performance of the repairs depends on pa"ing an ad'ance! Grup As can co'er the respecti'e sum out of the damages$indemnit" amount! if the Insurer ackno&ledged his responsa%ilit" for pa"ing the damages$indemnit"( !.13. Grup As is %ound to pa" the damages$indemnit" &ithin 7- &eekda"s! since the last /ustif"ing document asked &as filed( !.14. <or policies ceded or motor 'ehicles pledged to a %ank or to another part"! the damages$indemnit" cannot %e paid until the >eneficiar" in fa'our of &hom the polic" is ceded or until the lending %ank agrees on pa"ing clearl" marking the %eneficiar" of the damages$indemnit"( !.15. In case of total damage! the Insured cannot a%andon the remains of the insured motor 'ehicle in fa'our of the Insurer0 in this situation! %" themsel'es or %" means of a neutral authorised e*pert! %oth parties &ill mutuall" agree on the residuar" 'alue( )he Insured's task is to capitalise the remains of the motor 'ehicle( >oth parties agree that the 'alue of the remains that can %e capitalised should not e*ceed +26 of the real 'alue of the motor 'ehicle the moment the insured e'ent took place( >" total damage! one understands the total destruction of the motor 'ehicle or its destruction in such a &a" that the assessed amount representing the damage! including the e*penses descri%ed in +(,(! e1uals or e*ceeds 926 of the real 'alue of the motor 'ehicle the moment the insured e'ent took place( !.16. In case of an assem%l" or a su%assem%l" &hich is damaged! onl" its damaged components or parts &ill %e replaced! e'en if on the occasion of the repairs! the entire assem%l" or su%assem%l" of the respecti'e motor 'ehicle &as replaced (for e*ample! in case that the gear &as damaged in such a &a" that the %o* &as %roken! one considers onl" the replacement of the %o*! not of the entire gear)( !.1. After each damage! the insured sum reduces itself %" the sum paid as damages$indemnit"! the insurance going on to %e 'alid for the sum left until e*pir"( At the Insured's re1uest! the insured sum can %e the same as at the %eginning! if a supplementar" insurance premium is paid( If the Insured does not ask for such a reconsideration of the insured sum! for the ne*t damage! the amount representing the damages$indemnit" decreases according to the ratio %et&een the insured sum left after pa"ing the damages and the initial insured sum( !.1!. Grup As has the right. a) to postpone pa"ing damages$the indemnit" if! %ecause the e'ent &hich caused the damage! the Insured is in'estigated or taken legal proceedings against until the in'estigation or the la&suit ends0 %) to refuse pa"ing damages$the indemnit" if the damages$indemnit" claim is fraudulent! is %ased on false statements! or if the Insured or an" other person acting on %ehalf of him$her deli%eratel" or negligentl" contri%uted to causing the damage( !.19. If the data &ith &hich the application form &as filled in are not e*act or complete! or if the initial conditions for assessing the risk ha'e changed! &ithout notif"ing the Insurer of them! Grup As can suggest modif"ing the contract or e'en cancelling it( !.2". In case that! the moment the insured e'ent took place! the insured sum is smaller than the real 'alue of the motor 'ehicle (under-insurance)! the damages &ill decrease according to the ratio %et&een the insured sum and the 'alue of the motor 'ehicle the moment the insured e'ent took place( !.21. In case that the insurance &as concluded for an insured sum e*ceeding the real 'alue of the motor 'ehicle (o'er-insurance)! the damages$indemnit" cannot e*ceed the real 'alue0 in this situation! Grup As &ill gi'e %ack to the Insured the sum from the premium representing the o'er-insurance( !.22. =o damages$indemnit" are$is a&arded &ithin the limit of the deducti%le specified in the contract! &his is to %e paid %" the Insured! at each damage claim0 this deducti%le is not to %e applied &hen considering damage caused to the &indscreen! side &indo&s and rear &indo&( 9. T$E I%&'RE(:& O;.I-*TIO%& 9.1. o that an" possi%le occurrence of the insured e'ent &ould %e a'oided! the Insured shall maintain and make use of the insured motor 'ehicle in good conditions and o%e" all the regulations in force( Grup As &ill ha'e the right to check the &a" the insured motor 'ehicle is taken care of %" performing risk inspections! &hene'er the compan" considers it necessar"( 9.2. In case that the original papers (registration certificate! identit" card) and or the ke"s of the motor 'ehicle &ere lost or got stolen! the Insured shall notif" Grup As immediatel" and take all the necessar" measures for changing the motor 'ehicle's closing and starting de'ices &ithin ,8 hours( 9.3. Bithin a 72-da"s period! the Insured shall notif" the Insurer in &riting of an" change regarding his$her identit" and address! or regarding the data identif"ing the insured motor 'ehicle( In case that! &hen the insurance contract is concluded! the motor 'ehicle has a pro'isional or temporar" registration num%er! the Insured shall notif" the Insurer of the final registration num%er &ithin 2 da"s since its recei'al( 9.4. In case that the insured e'ent took place! the Insured. a) shall notif" the police department! fire %rigade or an" other authorities dealing &ith the in'estigations! under &hose /urisdiction the insured e'ent took place! asking for issuing the documents regarding the causes and circumstances due to &hich the e'ent took place! as &ell as the damage caused0 %) shall take suita%le legitimate measures for sa'ing! keeping and guarding the motor 'ehicle or its remains! as &ell as an" other measures for pre'enting the damage from getting &orse! after the insured e'ent took place( c) shall notif" Grup As in &riting of the occurrence of the insured e'ent! &ithin ,8 hours since its occurrence! and shall pro'ide all the information he$she possesses a%out the t"pe and the e*tension of the damage( )his notification shall contain. (i) a cop" of the insurance polic"0 (ii) the place &here and the date &hen the e'ent took place0 (iii) damage description0 (i') the place &here the motor 'ehicle is l"ing the moment the notification is made0 d) in case that the o&ner or the dri'er of a motor 'ehicle different from the one insured is guit" of causing the accident on the territor" of Romania! the Romanian Insurer! issuer of the third part" lia%ilit" can also %e notified of the e'ent and it can ascertain the damage( If the report issued %" the police does not contain the num%er of the insurance polic" and the compan" that issued the third part" lia%ilit" insurance for the one &ho is responsi%le for causing the accident! the Insured shall file a cop" of the insurance polic" issued for the motor 'ehicle of the guilt" person! and in the case of the motor 'ehicles registered a%road! he$she shall file a cop" of the International Motor Insurance Card( e) shall put at Grup As's disposal all the documents necessar" for checking the e*istence and the 'alue of the insured motor 'ehicle! for ascertaining and assessing the damage and for esta%lishing the damage's 1ualit" of %ecoming settled (registration certificate! motor 'ehicle's identit" card! the original insurance polic"! the dri'ing licence of the person &ho &as dri'ing the motor 'ehicle the moment the insured e'ent took place! the document pro'ing the recurrent technical inspections! the third part" lia%ilit" insurance polic")0 f) shall file &ith Grup As all the documents referring to the occurrence of the insured e'ent and namel". (i) accident$damage claim of the Insured! stating. make! t"pe! registration num%er! dri'er! accident date and place! short description of the e'ent and dra&ing of the &a" the e'ent took place0 the accident$damage claim is enclosed in the insurance polic"0 (ii) documents issued %" the police department or %" an" other in'estigation authorities! regarding the circumstances in &hich the insured e'ent took place (ascertainment report! repairing authorisation! etc()0 (iii) the statement of the dri'er &ho dro'e the motor 'ehicle the moment the e'ent took place0 (i') pa"ment receipts &hich pro'e that the insurance premiums are paid up-to-da" and the original insurance polic"0 (') the repairs estimate and all the other documents /ustif"ing the e*penses0 ('i) the %ank and the account! if that is the case! &here the damages claimed %" the Insured are to %e paid( g) shall not perform the repairing of the motor 'ehicle %efore Grup As's delegate ascertains the damage0 h) shall preser'e the Insurer's regress right against the ones guilt" of causing or &orsening the damage! %oth %efore and after pa"ing the damages0 i) if the insured e'ent took place! the Insured shall let the Insurer kno&! if that is the case! the names of all the Insurers &ith &hom he$she concluded insurance contracts against the same risk( In this situation! Grup As &ill pa" onl" the proportion that is due to the compan" from the o&ed damages0 In case that one of these obli3ations fails to be fulfilled8 -ru7 *s 2ill ha0e the ri3ht to refuse 7a1in3 da/a3es8 if8 because of that one failure8 2hat caused the e0ent and the da/a3e a/ount could not be established. 1". <I%*. RE-'.*TIO%& 1".1. Bhile the insurance is 'alid! Grup As has the right to perform risk inspections at an" time it considers it necessar"( If in this situation! one ascertains the degradation of the protection conditions e*isting the moment the insurance &as concluded! Grup As can interrupt the insurance0 if notified in &riting! Grup As can %ring the insurance %ack into force! after all the esta%lished shortcomings ha'e %een remedied and onl" if no e'ent took place during the interruption period( 1".2. If the t&o parties mutuall" agree on that! the insurance polic" can %e modified! at an" time during its 'alidit" period! these changes coming into force the moment the t&o parties esta%lish in &riting( 1".3. Bithin the limit of the paid damages! Grup As is su%rogated! as far as all the Insured's rights are concerned! against the ones responsi%le for causing the damage( If the Insurer's regress right cannot %e e*ercised %ecause of the Insured! the latter loses his$her right for damages( 1".4. )he right for claiming damages pa"ment according to this polic" e*tinguishes %" itself t&o "ears after the moment the insured e'ent took place( 1".5. )he insurance contract can %e cancelled at an" of the parties' re1uest! %" means of a 72 da"s notice sent %" means of a registered letter to the other part"( In %oth cancellation cases! Grup As &ill keep the premium corresponding to the period in &hich the contract &as acti'e! plus an" other granted discount! and &ill pa" %ack the Insured the difference remaining from the premium paid in ad'ance( 1".6. trictl" fulfilling the o%ligations that are due to the Insured according to this polic"! and the correctness of his$her statements represent a condition that precedes an" other responsi%ilit" of the Insurer according to this polic"( 1".. An" possi%le litigations that could occurr %et&een the t&o parties shall %e sol'ed in a friendl" manner0 other&ise! pro'ed %" means of the Insurer's &ritten responses! the litigations are to %e sol'ed %" the 1ualified courts of /ustice( &,E+I<I+ +O%(ITIO%& = for insurin3 dri0ers and other 7ersons in the /otor 0ehicle a3ainst accidents 1. T$E O;>E+T O< T$E I%&'R*%+E @nder the co'er of the insurance against accidents! onl" the dri'ers and the other persons in the motor 'ehicles clearl" marked in the optional motor insurance polic" against damage (CACO) are accepted! as a conse1uence of the Insured's choice and on condition that a supplementar" premium is paid( 2. +O?ERE( RI&@& Grup As a&ards damages to. a) the dri'ers and the other persons in the motor 'ehicle! in case of permanent disa%ilit" (total or partial) as the result of an accident0 %) their %eneficiaries! in case of death! as the result of an accident0 #ermanent disa%ilit" represents an irre'ersi%le state &hich means the reduction of the ph"sical! ps"cho- sensorial or intellectual possi%ilities! caused %" an accident during &hich the person's %od" or health integrit" &as affected( )he accidents co'ered %" the insurance are sudden e'ents! happened &ithout the Insured's &ill and &hich took place as a conse1uence of dri'ing the motor 'ehicle mentioned in the insurance polic"( 3. I%&'RE( &')& 3.1. )he insured sums are the follo&ing. a) RO; +-!---!--- in case of total permanent disa%ilit"0 %) RO; 72!---!--- in case of death0 c) a proportional part from RO; +-!---!--- in case of partial permanent disa%ilit"! function of the esta%lished disa%ilit" degree( 3.2. )he insured sums &hich &ere mentioned are a&arded for each in/ured person! &ho! the moment the e'ent happened! &as in the insured motor 'ehicle( )he num%er of persons &ho are compensated is limited to the num%er of seats esta%lished %" the motor 'ehicle's registration certificate( 4. T$E -EO-R*,$I+*. .I)IT& )he insurance is 'alid for accidents happened %oth in Romania and a%road( 5. *&+ERT*I%I%- (*)*-E *%( *5*R(I%- (*)*-E&4I%(E)%IT6 5.1. )he insured sum is paid onl" if the permanent disa%ilit" or the death &ere caused %" an accident that happened during the 'alidit" period of the polic" and if the" occurred &ithin one "ear since the accident( 5.2. In order to esta%lish the permanent disa%ilit" degree! the in/ured person is %ound! at the end of the medical treatment! %ut no more than one "ear later sice the da" of the accident! to present himself$herself to %e e*amined %" the persons legall" 1ualified to do that( 5.3. If! %efore the accident! the in/ured person &as suffering from permanent disa%ilit"! the permanent disa%ilit" degree as a conse1uence of the accident is esta%lished after differentiating %et&een the final permanent disa%ilit" degree settled and the one e*isting %efore the e'ent( 5.4. At Grup As's specific re1uest! the in/ured person &ho has %ecome permanentl" disa%led is %ound to present him$herself for %eing e*amined! or to accept %eing e*amined (if his$her state does not allo& him$her to mo'e) %" the doctors named %" the Insurer! the e*penses of the e*amination %eing un1uestiona%l" paid %" Grup As( 5.5. In case of un1uestiona%le permanent disa%ilit"! the insured sum is paid &ithout &aiting for the end of the treatment( 5.6. )he insured sum is paid independentl" from the sums due to the in/ured person or to the %eneficiar" from other insurance contracts or policies( 5.. )he in/ured person's or the %eneficiaries' claims on Grup As (related to the occurrence of the accident and to its conse1uences) are e*tinguished &hen the insured sum is paid( 6. T$E I%&'RE(:& O;.I-*TIO%& 6.1. )he in/ured person is %ound to present him$herself immediatel" after the accident! if the state of his$her health permits it! to a health unit or to a doctor in order to %e e*amined and to follo& the prescri%ed treatment( 6.2. )o cash the insured sum! the ones that ha'e the right to get it ha'e to hand in the follo&ing documents to Grup As. - the application form for claiming the insurance rights0 - the original of the insurance polic"0 - the report or an" other documents issued %" the 1ualified %odies that ascertained and in'estigated the accident! out of &hich the date! the place and the circumstances of the occurrence of the accident should result( In case that these documents cannot %e made a'aila%le! the date! the place and the circumstances of the occurrence of the accident can %e pro'ed %" means of medical certificates issued %" the medical authorities that ga'e the first aid after the accident! or %" an" other conclusi'e legal means0 - the conclusi'e legal document %" means of &hich the permanent disa%ilit" degree &as esta%lished as the result of the accident0 - in case of the Insured's death! the %eneficiar" &ill hand in the death certificate and the document pro'ing his$her %eneficiar" 1ualit"( . -E%ER*. RE-'.*TIO%& As far as the stipulations in ')he Conditions Referring to the Optional Motor Insurance Against Damage - CACO' do not run counter to the present specific Conditions! all the stipulations in the former insurance &ill %e applied to the insurance against accidents( &,E+I<I+ +O%(ITIO%& for )otor Insurance a3ainst Theft 1. T$E O;>E+T O< T$E I%&'R*%+E @nder the co'er of the insurance against theft! onl" the motor 'ehicles clearl" marked in the optional motor insurance polic" against damage (CACO) are accepted! as a conse1uence of the Insured's choice and on condition that a supplementar" premium is paid( 2. +O?ERE( RI&@& Grup As a&ards damages for. a) the theft of the motor 'ehicle0 %) the theft of some constituti'e parts or other parts of the motor 'ehicle %" means of %reaking into (%urglar")0 c) damage of an" kind caused to the motor 'ehicle as the result of theft or attempted theft0 >" %reaking into one understands 'iolentl" remo'ing an" o%/ects or de'ices that interpose %et&een the person &ho commits the respecti'e crime and the propert" he$she plans to steal( 3. T$E -EO-R*,$I+*. .I)IT& )his insurance is 'alid on the territor" of Romania and it could e*tend to the territor" outside Romania on condition that a supplementar" premium is paid( 4. EA+.'&IO%& According to these specific Conditions! no damages &ill %e a&arded. a) if no complaint referring to the theft or to the attempted theft &as registered %" the police department! or if the police do not ackno&ledge the theft or the attempted theft0 %) if persons &ho are related to the Insured or &ork for him$her took part in committing the theft or the attempted theft0 c) if during the period &hen the motor 'ehicle &as stationed! parked or garaged! &ithout the presence of the dri'er inside of it! he$she did not take the minimum securit" measures (taking the ke"s out of the ignition! closing the &indo&s and locking the doors! starting the anti-theft alarm s"stem) or if he$she left the motor 'ehicle's original papers inside (registration certificate! identit" card)0 d) if the moment the theft or the attempted theft occurred! the 'ehicle &as dismantled into its constituti'e parts! e*cept the case in &hich the theft or the attempted theft happened %" %reaking into the room &here the motor 'ehicle &as dismantled into its constituti'e parts0 e) for the goods that are in the motor 'ehicle &hich is stolen or damaged! goods different from the ones that the motor 'ehicle is e1uipped &ith and &hich are mentioned in its description0 f) spare constituti'e parts! spare parts! co'ers! tarpaulin! fuels! supplementar" e1uipments and$or an" other goods placed in the motor 'ehicle( )he supplementar" e1uipment represents the o%/ects &ith &hich the motor 'ehicle %elonging to the respecti'e make and t"pe is not endo&ed in case of mass production( )he compan" does not consider to %e supplementar" e1uipment the follo&ing. the fitted tarpaulin! the fog lights! the tools &hich are a part of the tool case! the e*tinguisher! the first-aid kit( )he compan" does not consider to %e spare parts. the &heels! including the t"re and tu%e &ith &hich the motor 'ehicle of the respecti'e t"pe and model is endo&ed in case of mass production( 4. *5*R(I%- T$E (*)*-E& 4.1. In case that the motor 'ehicle is stolen! the damages are a&arded after a minimum 7-6 deducti%le is applied to them( =o deducti%le is applied in case of stealing constituti'e parts or other parts of the motor 'ehicle %" means of %reaking into( 4.2. In case the motor 'ehicle is stolen! the damages &ill %e paid onl" after :- da"s ha'e passed since the date Grup As &as notified of the theft! and 3- da"s respecti'el" in case of %reaking into for stealing constituti'e parts or other parts of the motor 'ehicle! and this happens onl" if the police department ackno&ledges in &riting that the respecti'e goods &ere not found( If! %efore pa"ing the damages! the motor 'ehicle! its constituti'e parts or its other parts &ere found! the Insured is %ound to return Grup As the cashed damages or the difference %et&een these ones and the cost of the repairs or of the replacement of the constituti'e parts or other parts &hich &ere damaged or left incomplete as the result of theft( 4.3. In case that the supplementar" e1uipment &as stolen (loud speakers! audio-'ideo de'ices! na'igation s"stems! telephones etc() the damages are granted! &ithin the limit of the insured sum! onl" if this e1uipment &as mentioned in the application form filled in %" the Insured or if it &as included in an insurance supplement and if supplementar" insurance premiums &ere paid off for it( <or supplementar" e1uipment! the damages &ill %e a&arded &ithin the limit of the price mentioned in the motor 'ehicle's in'oice (in the case of the ne& motor 'ehicles) or in the 'ch&acke Autoradio' catalogue( 4.4. In all the cases the a&arding of the damages for the stolen motor 'ehicle depends on the Insured's handing in the original documents of the insured 'ehicle (the purchase in'oice! the identit" card! the registration certificate)! as &ell as the original set of ke"s! &ith &hich the 'ehicle &as deli'ered( 5. T$E I%&'RE(:& O;.I-*TIO%& In case that the insured e'ent took place! the Insured is %ound. a) to notif" Grup As in &riting of the occurrence of the insured e'ent! &ithin +, hours since its disco'er"0 %) to immediatel" notif" in &riting the police section under &hose /urisdiction the insured e'ent took place0 c) to inform the police department of an"thing that could help the 'ehicle! its constituti'e parts or other parts %e found and to continue the inter'entions for reco'ering them! e'en after he$she recei'ed the damages0 d) not to make an" statement! &ithout first notif"ing the Insurer! the police or an" other in'estigation %odies of it! statement %" means of &hich he$she should gi'e up an" claims on the person &ho committed the theft! in case that the stolen motor 'ehicle or its constituti'e parts &ere found0 e) to notif" Grup As of the finding and reco'ering of the 'ehicle and of the constituti'e parts or other parts( 6. -E%ER*. RE-'.*TIO%& As far as the stipulations in ')he Conditions Referring to the Optional Motor Insurance Against Damage - CACO' do not run counter to the present specific Conditions! all the stipulations in the former insurance &ill %e applied to the motor insurance against theft(