In addition to paying 16 thousand euros for repairs, Fidelidade was also forced to pay 12 thousand euros in compensation to the owner.
The Maia Court condemned the insurance company Fidelity to pay for the full repair of a 2013 BMW 5 series, involved in an accident on the EN14, in Barca, Maia, as well as almost 12 thousand euros in compensation additional to the owner.
According to , the accident occurred on December 9, 2023, at 9:15 pm, when a vehicle traveling on the EN14 suddenly turned left to reverse the direction of travel. The driver of the BMW, who was behind, was unable to brake in time, resulting in a collision.
The following month, Fidelidade informed the owner of the BMW that it declared the vehicle a “total loss”. The decision was based on an initial estimate of damage to the value of 12,246 eurosan amount that, according to the company, significantly exceeded the commercial value of the car. The insurance company proposed compensation of 9800 euros, corresponding to the market value of the vehicle.
The owner refused the proposal and took legal action against its own insurer and against Fidelidade. This contested, claiming that the cost of repairs exceeded the market value of the car by more than 120%.
However, in November last year, judge Luísa Teixeira Neves ruled in favor of the injured party. The judge considered that, in the event of an accident, compensation should not be limited to the market value of the vehicle, but rather to its asset valuewith the amount having to also include the cost of another car with equivalent characteristics and capable of satisfying the same needs.
The court found that the BMW, with 164,610 kilometers, was in excellent conditionwithout mechanical anomalies, and was used daily for personal and professional purposes. The repair ended up reaching 16 thousand euros, an amount that the insurance company was forced to cover.
Furthermore, Fidelidade was ordered to pay R$1,000 for moral damages and R$20 for each day the vehicle was stopped awaiting authorization to be repaired, totaling Additional 11,912 euros in compensation.
The owner’s request to receive 10 euros per day for parking the car was rejected, due to lack of proof of a payment agreement.
