O granicach odszkodowania oraz „kreatywnej księgowości” ubezpieczycieli w umowie ubezpieczenia autocasco
Remarks on limits of damages and limits of insurers’ “creative accounting” in autocasco insurance

Summary/Abstract: The article deals with the scope of the insurers’ freedom in measuring the scope of damages due under autocasco insurance policy. The theoretical and practical controversies refer in particular to the methods of calculating the damages, qualifying the loss as total, covering by the damages the VAT and the de- cline of the commercial value of the car subject to accident, as well as valued policies with the clauses “invoice value” or “100% value”. The author discusses and tries to settle those controversies conclud- ing that in contradiction to the compulsory liability insurance in autocasco non compulsory insurance insurers have freedom in measuring the loss and the damages due. This freedom is however limited by the wording of the Civil Code according to which in property insurance the insurer is obliged to pay specified damages, aim of the property insurance contract which is indemnifying the insured in case of a car accident as well as the value of the insurable interest which is limited to current value of the car.

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