The issue of admissibility of applying reliefs (discounts) and bonuses by insurers in determining the amount of compensation for damage to a motor vehicle of the injured. A gloss to the resolution taken by the seven judges of the Supreme Court of 8 May 2024, ref.: III CZP 142/22

Abstract

The subject of this gloss is the judgment of the Supreme Court of 8 May 2024, reference III CZP 142/22, concerning the determination of compensation to be paid by an insurance company to the injured party under a civil liability insurance contract for owners of motor vehicles. The judgment addresses the question whether is admissible that insurance companies apply discounts when determining the amount of compensation for the injured party's motor vehicle. The issue in question is of significant importance for insurance practice, as for several years the admissibility of this type of activities by insurance companies has been raised in the jurisprudence of common courts and it also has been subject of considerations in the doctrine. Ununified insurance practice often led to compensation being set at a lower amount than the actual costs of vehicle repair, which in turn gave rise to disputes between the injured party and the insurance company. The gloss only refers to two theses of the judgment of 8 May 2024, as the statement of reasons thereof has not been published upon submitting this gloss for publication.