Court awards partial repair costs for damaged car when repair exceeds vehicle value, limiting claim to depreciation difference.
Legislator summary
AI generatedThe court partially granted the plaintiff's claim for vehicle repair costs, awarding the difference between the expert's valuation and the insurer's prior payment. The defendant argued that the requested repair using only original parts was economically unjustified given the car's age and value. The court ruled that since the repair cost significantly exceeded the vehicle's pre-accident value, the claim was limited to the depreciation difference rather than full restoration.
Legislator headnote
AI generatedArt. 363 § 1 k.c.; Art. 9 ust. 1 Ustawy o ubezpieczeniach od odpowiedzialności cywilnej posiadaczy pojazdów mechanicznych: When repair costs significantly exceed the vehicle's pre-accident value, the claimant's right is limited to the difference in value rather than full restoration.