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Underestimation of claims based on the prices of low-quality alternative parts.

Insurance companies unjustifiably underestimate compensation from third party liability of motor vehicle owners by awarding repairs alternative parts instead of the original ones, referring to the regulation of the Council of Ministers of 8 October 2010 on the exclusion of certain vertical agreements in the motor vehicle sector. As the Supreme Court of Seven Judges ruled on June 20, 2012 (reference number III CZP 85/11), the definitions contained in the regulation, differentiating the types of spare parts, were defined for the purposes of these legal acts, and not for the damage compensation system subject to the rules article 361 and 363 of the Civil Code, therefore, cannot be treated as authorizing the insurer to invoke the possibility of being released from the obligation to repair the damage by paying the equivalent of parts "of comparable quality" to original parts.

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