METODOLOGIJA UTVRĐIVANJA VISINE TOTALNE ŠTETE NA MOTORNIM VOZILIMA / METHODOLOGY FOR DETERMINING THE EXTENT OF TOTAL DAMAGE TO MOTOR VEHICLES

Abstract

Motor vehicles are damaged in traffic accidents, where it is no longer possible to physically repair them, because total (complete) damage has occurred. In this case, the injured party does not have the right to request a return to the previous state, as natural restitution is not possible. The insurer is obliged to compensate the injured party financially. The compensation value of the vehicle is determined according to the value of the same or similar types of vehicles on the market for used and new vehicles. The injured party has the option of having this value determined by an expert, as well as the option of securing evidence and determining the extent of damages in court through a non-litigation procedure, thereby obtaining proof of the extent of damages. The current methodology for determining the extent of total damage is not in accordance with the current state of the vehicle market and technological progress. The situation is particularly complex when it comes to total economic damage. Insurers refuse repairs for older vehicles if the cost of repair would exceed the market value of the damaged vehicle. For a damaged vehicle that could be physically repaired, economic total damage is declared and the vehicle can be repaired. This paper discusses the improvement of the methodology for determining and assessing total damage in line with the practices of developed countries for the purpose of objective and fair compensation for material damage.