In case of a traffic accident, even after repair, there is a "loss of value" in the vehicle. This loss; It can be requested from the insurer of the party that caused the accident; In some cases, your car insurance policy is also on the agenda.
Legal Framework
- TCK no. 2918 art.85, 91: Traffic insurance - damage of the other party.
- TBK article 49: Compensation from tort.
- Highway Traffic Regulation: fault assessment in the accident.
Depreciation Account
It is calculated by the expert using the following criteria:
- Pre-accident market value of the vehicle.
- Amount of damage and nature of repair (paint, bodywork, cross).
- Vehicle age, mileage, model.
- Damage location (visible/invisible).
- Discount on possible second-hand sales after repair.
Traffic Insurance and Loss of Value
- The other party's compulsory traffic insurance pays for the loss of value.
- Claim period: 2 years from the date of the incident, 10 years at the latest.
- If rejected, through the Insurance Arbitration Commission (priority).
Insurance Insurance and Loss of Value
- As a rule, the automobile insurance policy does not cover loss of value.
- It can be taken as "additional coverage" in some policies.
- The claim for loss of value of the vehicle in the insurance payment is recourse to the other party.
Supreme Court 17th HD — Established Approach
17. HD requires that the difference between "real value before the accident" and "real value after repair" is taken as basis in the calculation of loss of value, that the mere repair cost does not reflect the loss of value, and that the expert report complies with market standards.
Insurance Arbitration Commission
- Scope of Law No. 5684 in insurance disputes.
- Amount up to 5,000 TL — final decision.
- Upper amount — objection possible.
- Duration: fast (3-6 months).
- First arbitration, then litigation (mandatory).
Practical Tips
The loss of value may reach high amounts. Insurance and traffic law lawyer recommended.