Ustalenie wysokości odszkodowania za tzw. szkodę częściową w pojeździe. Glosa do uchwały Sądu Najwyższego z 8 maja 2024 roku, sygn. III CZP 142/221
Determining the amount of compensation for a so-called Partial Damage to a Vehicle. commentary on the Supreme Court Resolution of 8 May 2024, case No. III CZP 142/22

Summary/Abstract: The Supreme Court judgment under review concerns two principal legal issues, although the resolu- tion itself formally addresses only one of them. First, the Court held that it is not permissible to seek compensation corresponding to the hypothetical cost of vehicle repair if the car has already been sold or repaired. Second, in the Court’s view, when the injured party undertakes the repair, the amountof compensation is not contingent upon discounts on parts or repair services offered by entities coop- erating with insurers. However, in the case of loss adjustment based on a cost estimate, such discounts should be taken into account – but solely for the purpose of determining the average cost of repair on the local market. In the Author’s opinion, the Supreme Court’s position on the first issue warrants critical evaluation. On the other hand, the Court rightly asserted that compensation should not be lim- ited to the cost of repair in a workshop affiliated with the insurer. Nevertheless, the requirement to fac- tor in discounted prices when establishing the average cost of car repairs raises practical concerns.

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