I C 96/19
AI generated
Court partially allowed car damage claim, awarding vehicle repair costs but dismissing loss of value due to incomplete repair.
Poland (PL)
Legislator summary
AI generatedThe court partially granted the plaintiff's claim for vehicle damage compensation, ordering the defendant to pay for repairs while dismissing the separate claim for loss of market value. The plaintiff argued for full compensation including lost earnings and depreciation, but the expert witness found the car was not fully repaired. Consequently, the court ruled that no real loss of market value occurred because the vehicle was not restored to its original state.
Legislator headnote
AI generatedKodeks cywilny; Kodeks postępowania cywilnego: When a vehicle is not fully repaired, the claim for loss of market value is inadmissible as no such loss exists.
Keywords
AI generated
vehicle damage compensation
loss of market value
incomplete repair
expert witness opinion
partial claim allowance
statutory interest
court costs allocation
Cited Legislation
AI generatedart. 98 § 1 kpc
art. 100 kpc
art. 108 kpc
§ 2 pkt 4 Rozporządzenia Ministra Sprawiedliwości z dnia 22 października 2015 roku
Cited Case Law
AI generatedIII CZP 57/01 OSN 2002/5/57
I C 883/15
Court partially allowed damages claim for traffic accident injuries, adjusting interest start dates per Civil Code.
III CRN 450/70
II CSK 323/10
RZECZYPOSPOLITEJ POLSKIEJ Dnia 2 lutego 2011 r.
III CZP 80/11
Insurance must pay full new part costs unless insurer proves vehicle value increased after repair.
III CZP 140/06
III CZP 57/01
Insurance liability covers depreciation loss when repairs fail to restore a vehicle's pre-accident market value.
Related Decisions
AI generatedVIII C 257/22
Court awards full compensation for car damage and process costs against insurance company for delayed claim payment.
I C 672/18
Court awards partial damages for car repair costs exceeding insurance payout based on expert opinion on part selection.
I C 631/17
Court awards additional compensation for vehicle damage based on expert valuation exceeding initial settlement.
I C 1387/15
Court awards partial damages for vehicle collision where repair costs exceeded pre-accident value, applying total loss method.
I C 989/21
Court awards plaintiff partial damages for vehicle repair costs exceeding insurance payout plus process fees.