Gloss to the Court of
Appeals in Warsaw judgment
of October 23, 2015, court file no. I ACa 185/15
The gloss concerns selected aspects of compensation for the damages in the form of a rent for a replacement vehicle, especially with the perpetrator’s third-party liability (TPL) insurance. It is most often an element of relevant damage and remains in an adequate cause-and-effect relationship with the event causing damage, which is usually a road collision. The injured party may demand that these costs be covered, even if he does not conduct any business activity. The insurer should not, in principle, interfere with the amount of the rent set. In order to prove the loss incurred in the form of costs of renting a replacement vehicle, it is sufficient to prove that the rental agreement has been concluded and to submit a VAT invoice – there is no need to provide evidence of its payment.
Keywords: insurance, damages, rent, replacement vehicle
Słowa kluczowe: ubezpieczenie, szkoda, najem, pojazd zastępczy