NADMIERNE KOSZTY RESTYTUCJI A ODPOWIEDZIALNOŚĆ UBEZPIECZYCIELA ZA TZW. SZKODY KOMUNIKACYJNE
EXCESSIVE INDEMNITY COSTS IN THE CONTEXT OF INSURANCE INSTITUTION LIABILITY FOR TRAFFIC DAMAGES

Summary/Abstract: The evaluation of a lawful character of performance by the insurance institution which was made due to the contract of insurance in the event of traffic damages is carrying out in this paper. The performance by the insurance institution always consists in payment of the sum of money. The question is, if such performance is the extraordinary form of retroaction of the former state or through payment of an appropriate sum of money (art. 363 Polish Cyvil Code). In the case of establishment that the payment is the form of restoration of the former state, according to the Art. 363 para. 1 PCC, the insurance institution can maintain that repair of car is inexpedient because of excessive restitution costs. In case of huge damages of the car caused within the insured event, insurance institution is obliged to pay the sum of money appropriate to decrease of car value caused by „insured” event. These amounts are usually lower than an estimate cost of vehicle repair. Therefore, an insurance institutions try to prove that renovation is inexpedient (unprofitable) in order to cover lower costs. The conclusion of the paper is that payment of the sum of money done by insurance institution does not constitute restoration of the former state. Court considering a case may estimate, if the car repair is well-founded (profitable) and passing the judgement on the amount of compensation may take the anticipated costs of repairs into account.

• Details
• Contents