In December 2020, the Financial Ombudsman filed the first lawsuit regarding unfair practices towards Auto Casco holders against one of the insurance companies. On 29 November this year, the Financial Ombudsman’s office announced that Mariusz Golecki, filed a lawsuit based on the same legal basis against UNIQA TU S.A.
The Ombudsman’s reservations concern the application of different criteria for estimating total and partial damages. The legal basis on which the Financial Ombudsman has filed his action is Article 12 of the Act on counteracting unfair market practices, i.e. in the interest of consumers as a whole. The use of non-uniform criteria for evaluating the cost of repair of a damaged vehicle raises concerns for Mariusz Golecki. Everything depends on whether the insurer sees a possibility of adjudicating the total loss, i.e. recognizing that repairing the vehicle is economically unjustified. In fully comprehensive agreements, it is a standard procedure to declare such damage when repair costs exceed 70 percent of the value of a vehicle from before the damage.