How to File a Claim for Vehicle Depreciation After a Property Damage Accident in Izmir?
What is depreciation?
The commercial value of vehicles is listed separately from their actual material value. Therefore, a decrease in the value of vehicles also constitutes property damage. This decrease in property value is the difference between the situation in which the property found itself as a result of the wrongful act and the situation in which it would have been had the act not occurred.
- Limitation Periods (Turkish Code of Obligations, Article 79/2)
- In order to receive compensation for the loss of value incurred by the vehicle, the injured party must file a claim within two years of the date on which the damage occurred.
- However, regardless of when the damage is discovered, if a claim is not filed within 10 years, this right is completely forfeited.
- These periods are time-barring, meaning that if an application is not made within the specified period, it will not be possible to make a claim at a later date.
- Defect Rate
- The person claiming loss of value must not be 100% at fault in the accident.
- If the person is entirely at fault, they cannot claim compensation for loss of value.
- Taking into account the fault ratios, each party shall bear its own share of the damage in proportion to its fault.
What is Compulsory Financial Liability Insurance?
This is a type of insurance that is required by law and aims to cover the liability of the operator of a motor vehicle to third parties within certain coverage limits in the event that a person suffers damage while the vehicle is being used on a public road. It is also known as Traffic Insurance.
What types of damages are covered by Compulsory Financial Liability Insurance?
Material damage: damage caused to the other party’s vehicle or other property.
It should be noted that the vehicle penalty fee and loss of earnings compensation are not covered by insurance; these items are only claimed from the party responsible for the damage.
Physical injuries: Medical expenses payable due to death or injury
Compensation for loss of support in the event of death
Compensation for loss of working capacity in the event of injury
My vehicle was involved in a traffic accident resulting in material damage. What damages can I claim compensation for?
As a rule, the repair of the vehicle, the repair costs to restore it to its original condition, and the commercial loss of value suffered by the vehicle are taken into account. In addition, the loss of income suffered by the injured party who is unable to use their vehicle during the repair period also constitutes damage. Vehicle rescue, towing, and protection costs are also included in the damage. The transportation expenses incurred by the person who had to use another vehicle or bus due to the damage to their vehicle, or the cost paid for renting a vehicle, should also be considered when calculating the damage.
My vehicle was previously involved in an accident resulting in material damage. Can I still receive compensation for loss of value?
As stated above, damage is the difference between the two situations. Therefore, even if your vehicle has been involved in an accident before, it is possible to claim compensation for the damage incurred as a result of the new accident. The only requirement is that there must be a causal link between the damage and the accident.
Is there any loss of vehicle value in vehicles that are written off?
If the repair costs of a vehicle damaged in an accident exceed the value of the vehicle at the time of the accident, or if the vehicle cannot be repaired, the vehicle is considered a total loss. In cases where it is not economically feasible to repair the damaged vehicle based on its second-hand market value and it is appropriate to write off the vehicle, there is no loss of value.
Can someone who has suffered damage claim compensation for being deprived of their vehicle during the repair period?
Yes, another item of damage in the event of damage to a motor vehicle is the financial loss resulting from the inability to use the vehicle. Therefore, it is an amount to be awarded if the injured party rents a similar vehicle, uses public transportation, or uses a commercial vehicle to meet their daily needs during the reasonable repair period of the vehicle. However, this damage item is not covered by the insurance company; it is covered by the party responsible for the damage.
I rented a car. Can I claim the rental fee as compensation?
If the injured party commutes to work with the damaged vehicle, they may rent a vehicle until the damaged vehicle is repaired. The party responsible for the wrongful act must compensate for the rental cost.
Can I claim moral damages due to damage caused to my vehicle?
No. In our legal system, in order for moral damages to be compensated, a personal right must have been violated. In cases where there has been no attack on personal rights, compensation for moral damages cannot be claimed as a rule.
Maddi hasarla sonuçlanan kazalarda, kazaya karışan sürücüler kendi aralarında kaza tespit tutanağı düzenleyebilirler mi?
Yes, drivers involved in an accident can agree among themselves to draw up an accident report, but the parties who reach an agreement cannot subsequently request the authorities to draw up an accident report. In such cases, damage assessments are carried out by the parties concerned applying to their insurance companies or the competent courts.
Where should I file an objection regarding the incorrect accident report that was issued?
Lawsuits filed to contest accident reports involving material damage must be brought before the criminal court of first instance. It is important to note that accident reports are an important document in the compensation process, and therefore it is necessary to have them reviewed by a lawyer.
PROCEDURE FOR CLAIMING LOSS OF VALUE AND DAMAGE REPAIR AND COMPETENT COURT
Highway Traffic Law, Article 97: “The injured party must submit a written application to the relevant insurance company within the limits specified in the compulsory financial liability insurance before taking legal action. If the insurance company fails to respond to the application in writing within 15 days of the application date, or if there is a dispute regarding the adequacy of the response, the injured party may file a lawsuit or apply for arbitration under Law No. 5684.” The ruling is final.
In order to claim compensation for loss of value, it is first necessary to file a claim with the compulsory financial liability insurance of the vehicle at fault.
Insurance Company Application Documents
- Application Form
- Accident Report Form
- Vehicle Registration Copy
- Insurance Policy Information of the Other Party
- Bank Account Information
When applying to insurance companies, it is necessary to obtain legal assistance through a lawyer during the application process, as the KEP application is the best way to track the process. The benefits of this will be seen in scenarios where arbitration or litigation proceedings are initiated.
The insurance company is legally required to respond to the application within 15 days. Failure to respond will be interpreted as tacit rejection, and the case will proceed to litigation or arbitration.
If the insurance company makes a partial payment but you believe that you have suffered greater damages, you can file a claim with the Insurance Arbitration Commission. Another option is to file a lawsuit with the Commercial Court of First Instance in the defendant’s place of residence, as the insurance company is a merchant.
If the insurance company has paid the entire mandatory financial liability limit of 300,000 TL for 2025 and there is still a remaining loss, in this case, a compensation lawsuit can be filed against the perpetrator and the license holder in the civil courts of first instance where the wrongful act occurred.
How to File a Claim for Vehicle Depreciation After a Property Damage Accident in Izmir?
