Problemy w likwidacji szkody w pojeździe z ubezpieczenia OC posiadaczy pojazdów mechanicznych
Problems of car damage repair within an MTPL cover

Summary/Abstract: The repair of car damage in the framework of motor third party liability insurance is the reason of numerous problems which are dealt with by the doctrine and jurisdiction. The paper refers to the problem of the repair of a real loss. Correct interpretation of the notion of loss is fundamental for insurer's liability. Depending on the actual state of affairs, a loss can be regarded as the decrease of market value of the car or the costs borne for its recon- struction. The duty of damage repair arises at the moment of loss occurrence which is not necessarily connected with its objective character. The measures taken by the aggrieved party are directly reflected in its assets which proves the dynamic character of the loss. The method of estimated damages assessment used within the insurance practice shall be recog- nized as incorrect.

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