On the Issue of Attributing Usable Remnants of a Wheeled Vehicles to Unjustly Acquired or Saved Property (Unjust Enrichment)

Abstract

The article discusses the topic of fullness of compensation for the real damage in the case of the “total loss” of wheeled vehicles. At present, when considering tort disputes, the courts often reduce the amount of damage by the value of the “usable remnants” if the vehicle was significantly damaged. The authors believe that such a reduction often leads to a situation where a certain amount of damage is insufficient to restore the violated rights of car owners, since the amount of compensation in such cases is not enough to do up the vehicle or purchase a vehicle similar to the “destroyed” one. The article presents a technical perspective on the problem.