Compensation for Damage to a Motor Vehicle in the Event of Prior Repair of the Vehicle or its Sale in Damaged Condition. Gloss to the Resolution of Seven Judges of the Supreme Court of 11 September 2024, III CZP 65/23

The subject matter of this commentary is the resolution of seven judges of the Supreme Court of 11 September 2024, in which the Supreme Court addressed the issue of determining compensation for damage to a motor vehicle in a situation in which the vehicle was repaired before obtaining compensation or sold in a damaged condition. In the resolution, the Supreme Court rejected a position that was prevailing to that date, according to which t in the situations concerned, compensation may be determined on the basis of a hypothetical cost estimate for the repair of the vehicle. The position should be approved of, and its analysis allows for the presentation of the relationship between the notion of damage and of compensation, which is crucial for resolving the problem under discussion