Abstract

The article deals with selected problems arising from the qualification of the costs of hiring a substitute vehicle as damage, especially in case it is to be covered from the insurance of the person liable. It is held that these costs are usually part of the relevant damage and there is a causal link between them and the event that has caused the damage, which is usually a traffic accident. The affected party may claim these costs even if they run no business. Moreover, the insurance company should not normally question the amount of the rental fee for the hired vehicle. If the affected party hires a substitute vehicle for a rental fee higher than the average market price, it shall not be regarded as an aggravation of the damage by the affected party. Furthermore, in order to prove tah damage has been suffered in the form of the costs of hiring a substitute vehicle it is sufficient to provide evidence that a hire contract has been concluded and submit a VAT invoice; there is no need to rpove that that invoice has been paid.