A legal issue in the Supreme Court

On 6th June 2018 the Supreme Court received a legal issue on determining the amount of a damage in the injured party’s motor vehicle when this damage is a partial damage.

The presented legal issue concerns a situation where before determining the amount of compensation the injured party will repair the damaged motor vehicle returning it to its state from before the damage.

The essence of the question is to determine whether in the abovementioned situation the injured party, as part of the motor vehicle liability insurance (OC), has right to the compensation in the amount of the virtually incurred expenses – the real cost of repairing the vehicle, or whether the compensation should be determined as an equivalent of the hypothetically determined cost of returning the vehicle to its original state, as a rule an abstract cost estimate of the repair.

The content of the legal issue prepared by SO in Szczecin is as follows:

In the case of damaging a motor vehicle constituting a partial damage in case when before determining the amount of compensation the vehicle was repaired returning it to the state from before the damage, the compensation owed to the injured party as part of the motor vehicle liability insurance of the motor is limited to an equivalent of the virtually expenses incurred on the repair of the vehicle or it should be determined as an equivalent of the hypothetically determined cost of returning the vehicle to its original state?

The presented issue was referred to be examined by the Supreme Court consisting of 3 members.