Compensation for property damage in motor third party liability insurance
Compensation for property damage in motor third party liability insurance

Summary/Abstract: This article discusses to what extent damage to property (and in particular damage to a vehicle) can be recovered under compulsory motor third party liability insurance in Poland. The author first presents the rules governing liability for traffic accidents, and then introduces the compensatory mechanism of compulsory third party liability insurance. The core parts of the article focus on individual, old and new, elements of a recoverable loss, including the loss of market value of a repaired car, loss of use, and costs of legal representation in pre-trial claims settlement proceedings. In the light of case law there exists no standard uniform approach to compensation of property damage, but certain objective criteria must be applied on a case-by-case basis, depending onto the particular circumstances of each a given case.

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