Vehicle Owners’ Rights and Judicial Practices
1. The Concept of Impairment
In traffic accidents involving one or more vehicles in motion on a roadway that result in death, injury, and/or property damage, it is possible to file claims for compensatory and/or punitive damages. In such cases, the depreciation in the value of the vehicle involved in the accident—which has sustained damage, required repairs, and had the damage repaired—is referred to as “vehicle depreciation.”
In simpler terms, it can be defined as the creation of a damage record due to the vehicle being involved in an accident, resulting in a decrease in its market value.
Similarly, the Supreme Court of Appeals has defined loss of value as the difference between the vehicle’s value at the time of the incident and the value it would have had in its repaired condition after the damage was repaired. This is because, even if the damage to the vehicle is repaired, a loss of value in the used-car market is inevitable due to the vehicle’s accident history.
As a result, the vehicle’s resale value will decrease due to the accident. This difference is referred to as “vehicle depreciation.”
2. The Insurer’s Liability
Zorunlu Mali Sorumluluk Sigortası en yalın haliyle; karayollarında, trafiğe açık yerlerde kullanılan motorlu taşıtların bu sırada bir kimsenin zararına neden olması halinde, aracı işletenin üçüncü kişilere karşı sorumluluğunu belli sınırlar içinde karşılamayı amaçlayan ve yasal olarak zorunlu sorumluluk sigortası türüdür.
“Insurance companies are obligated—upon request—to cover the loss in vehicle value incurred by the other party as a result of the at-fault party’s negligence, under the terms of mandatory liability insurance.”
3. Legal Basis
Compensation for vehicle depreciation is claimed under the provisions of the Turkish Code of Obligations regarding tort liability and the Highway Traffic Law.
The Supreme Court’s case law on this matter has also become clear. Numerous rulings emphasize that vehicle depreciation constitutes a valid item of compensation and falls within the scope of liability of the at-fault party’s insurer.
4. What Factors Are Considered in the Calculation of Vehicle Depreciation?
The calculation of vehicle depreciation, in accordance with Supreme Court precedents, will be based on the price difference between the undamaged market value of the vehicle as of the date of the accident and the value of the vehicle after repairs, taking into account the driver’s degree of fault.
In addition, the other factors affecting these calculations are as follows:
- The vehicle’s mileage
- Brand and model information
- The vehicle’s damage history and nature
- Liability ratios in accidents
- The vehicle’s model year
- Date the vehicle was first registered
- The calculation is based on an assessment of all factors affecting the vehicle’s value, with particular emphasis on its market value.
5. Who Can File a Claim for Vehicle Depreciation?
- The accident must involve two vehicles. In single-vehicle accidents—such as collisions with a wall or similar situations—compensation for loss of vehicle value cannot be claimed.
- Vehicle owners must be either fully at fault or partially at fault. Vehicle owners who are fully at fault cannot claim compensation for loss of vehicle value.
- The vehicle must have sustained damage as a result of the accident, and this damage must be repaired for the first time. The damaged area must not have been repaired previously.
- No more than two years may have elapsed since the date of the accident.
- Although the vehicle has suffered a loss in value, a claim can be filed within the limits of the auto insurance policy provided it is substantiated by technical reports.
In addition, the vehicle must be no more than 10 years old to qualify for compensation for loss of value. If the vehicle involved in the accident is older than 10 years, a claim for loss of value cannot be filed.
However, it has been established in case law that no loss of value occurs in the case of vehicles that are a total loss—that is, those that cannot be repaired for economic or technical reasons.
The vehicle owner or their attorney may file a claim for vehicle depreciation if the vehicle meets these criteria. However, to prevent the failure to recover actual damages and the loss of rights—which may result from a lack of familiarity with the claims process, the importance of accurately calculating actual depreciation, and a lack of detailed legal knowledge on the matter—it is recommended to seek the assistance of an attorney.
Result
Vehicle depreciation is one of the most important financial rights of vehicle owners following traffic accidents. It is particularly important for owners of vehicles that are either entirely or partially at fault to properly exercise their legal rights against insurance companies.
“Conducting the legal process with expert support will ensure that actual damages are fully compensated and prevent the loss of rights.”
Best regards,
Attorney İdil Zeynep Yağlıca
