Agreement for voluntary autocasco property insurance (selected issues regarding the determinatorin of the cost of repairing a damaged vehicle)

Abstract

The article is devoted to the analysis of legal provisions, positions of doctrine and judgments of the judicature concerning the fixing by insurance companies of the costs of repairing a damaged vehicle in voluntary motor vehicle insurance contracts. The study presents the concept and legal nature of this contract, with particular emphasis on the restriction of the principle of freedom of contracts under art. 353¹ of the Civil Code as well as improper practices in the field of settlement of vehicle repair costs depending on whether the damage is classified as total or partial damage.