I C 1928/17
AI generated
Court awards business owner partial repair costs against insurer after expert valuation exceeds policy limits.
Poland (PL)
Legislator summary
AI generatedThe court ordered the insurance company to pay the plaintiff business owner 4,017.97 PLN plus interest and litigation costs. The plaintiff had assigned a claim for vehicle repair costs after a traffic collision, arguing the insurer's initial settlement was unreasonably low. The court ruled that while the plaintiff's claim for full repair was excessive, they were entitled to the difference between the actual repair cost and the amount already paid by the insurer.
Legislator headnote
AI generatedArt. 9 ust. 1 ustawy z dnia 22 maja 2003 r.; Art. 363 § 1 k.c.: 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 costs.
Keywords
AI generated
insurance liability
vehicle repair costs
assignment of claim
excessive repair costs
difference in value
civil code
statutory interest
Cited Legislation
AI generatedArt. 9 ust. 1 of the Act of May 22, 2003 on Compulsory Motor Vehicle Insurance
Art. 363 § 1 of the Civil Code
Art. 817 § 1 of the Civil Code
Art. 481 § 1 of the Civil Code
Art. 98 of the Code of Civil Procedure
art. 822 § 1 k.c
art. 361 § 2 k.c
art. 363 § 1 k.c
art. 817 § 1 k.c
art. 481 § 1 k.c
Related Decisions
AI generatedXI GC 12/17
Court orders payment of insurance shortfall and expert fees to assignee of claim against insurer.
IX C 316/15
Court partially allowed insurance claim for car damage, awarding difference between expert repair cost and payout plus interest.
I C 21/23
Court awards partial damages for car collision, rejecting insurer's claim for non-original parts.
I C 1551/16
Court partially allowed claim for car damage compensation, rejecting insurer's argument that used parts should reduce payout.
VIII C 616/22
Court partially allowed claim for insurance delay damages and reduced costs based on 67% victory share.