In today's article, we will focus on the rules related to the payment of compensation due to injured parties related to the rental of a replacement vehicle in the event of partial damage. Partial vehicle damage often requires repairs to the damaged vehicle, which can take from several days to several weeks. In such cases, renting a replacement vehicle may be necessary. However, the rental period is not unlimited and should be justified by the scope and type of repair work required to restore the vehicle to its pre-damage condition.
According to the Supreme Court ruling of November 5, 2004, II CK 494/04 (Bul. SN 2005/3/11) – "the 'necessary and indispensable period' refers to the actual, not the technological, time of repairing the vehicle. Therefore, it is the period in which, under normal circumstances, the vehicle can be repaired, i.e., taking into account such elements as: waiting in the queue for repair, bringing in spare parts, the technological break necessary for the paintwork to dry, the ready assembly of the vehicle, waiting for the inspection, for a re-inspection, the period of consultation between the injured party and the insurer regarding the scope of the repair, etc. A different approach to the reimbursement of rental costs from the perspective of its duration would violate the principle of full compensation."
According to the Supreme Court and common courts, the liquidation and repair procedures must constitute a single sequence of events. Therefore, the injured party cannot be expected to use their vehicle until it is fully repaired.
So what repair activities affect the reasonable rental period of a replacement vehicle?
Claimants are generally entitled to reimbursement for the cost of renting a replacement vehicle, generally from the date of reporting the damage to the date the vehicle is returned to its pre-damage condition after being repaired. After reporting the damage, the insurer should take steps to schedule a date for an inspection of the damaged vehicle, which will assess the extent of the damage and prepare a repair estimate. Therefore, the reasonable rental period for a replacement vehicle includes both a physical inspection and the preparation of a technical report. After the scope of the repair is approved, the vehicle is then taken to a workshop, where the damaged parts are removed. Removing damaged parts also allows for the identification of hidden damage, which may justify an additional inspection by the insurer and extend the scope of the damage.
Next, after determining the final scope of the repair, spare parts are ordered and the repair begins. It should be noted that the technological time calculated by the cost estimation software (Audatex, DAT, Eurotax) is based on factory time standards, which means that the repair period included in this time is purely theoretical and does not take into account many unforeseen external factors that may occur throughout the repair process.
Therefore, the reasonable length of time for renting a replacement vehicle in the event of partial damage depends on many factors. Each step necessary to determine the extent of the damage and restore the injured vehicle to its pre-damage condition requires a certain amount of time, which should be taken into account when determining the length of the replacement vehicle rental at the insurer's expense.
For more information, please contact us. We will assist you at every stage of the process to obtain the compensation you deserve.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 3, 2024.
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