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I C 406/20 AI generated

Court partially allowed insurance claim for repair cost difference and adjusted interest start date due to public holiday.

Case Number I C 406/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court partially granted the plaintiff's claim for the difference between the insurer's payment and the expert's calculated repair cost, while dismissing the remainder. The plaintiff argued the insurer undervalued repairs by applying unauthorized deductions and using low-quality parts, whereas the insurer contended the initial assessment was correct. The court ruled in favor of the plaintiff on the cost difference but corrected the interest start date for the smaller sum to the day after a public holiday, rather than the day following the notice.

Legislator headnote

AI generated

Ustawa o ubezpieczeniach obowiązkowych, (...) i (...); Ustawa o postępowaniu cywilnym: The court established that an insurer's liability for repair costs is based on the actual damage value determined by an expert, and interest on partial claims must commence from the day following a public holiday if that day falls within the statutory period.

Keywords

AI generated
insurance liability repair cost assessment civil court proceedings interest calculation public holiday rule expert opinion costs allocation

Cited Legislation

AI generated
art. 14 ust. 1 ustawy z dnia 22 maja 2003 r. o ubezpieczeniach obowiązkowych, (...) i (...)
art. 100 zdanie pierwsze k.p.c.
art. 98 § 3 k.p.c.
art. 509 k.c
art. 822 § 1 k.c
art. 415 k.c
art. 436 § 2 k.c
art. 361 k.c
art. 6 k.c
art. 363 § 1 k.c
AI generated
V GC 2347/16
Court awards partial damages for vehicle repair shortfall and expert fees due to insurer's flawed assessment.
I C 898/24
Court partially allowed claim for repair cost difference but denied expert fee due to business activity.
I C 125/20
Court awards partial damages for car repair exceeding insurance payout and costs for expert opinion.
V GC 1609/16
Court partially allowed tort claim for underpaid car insurance compensation and awarded statutory interest.
V GC 559/24
Court partially allowed claim for vehicle repair costs exceeding insurance payout and awarded proportional process costs.

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