Gloss to a judgement of CJEU of 30th or March 2023, C-618/21 AR and others versus PK S.A. and others

In: Wiadomości ubezpieczeniowe: nauka dla praktyki, Band 1, Heft 2024/1

Abstract

Judgement of CJEU of 30th of March 2023, C-618/21 AR and others versus PK S.A. and others address the question referring to the possibility of estimation of insurance compensation for the damaged car due to the injured from insurance against civil liability in respect of the use of motor vehicle as hypothetical costs of repair. The author approves the judgement of CJEU which says that national law may limit the redress accessible to the injured party from the insurer to the monetary compensation, and that such compensation may not be lower than compensation accessible according to a national law on general basis. As far as admissibility of estimation of the insurance compensation as the hypothetical costs of repair in the Polish law the author adopts the compromise view pointing that it depends on the circumstances of the case. As a rule the insured party has the right to such compensation without the need of proving how much he has spent for the repair, but the injured does not have such right if the car was sold without repair