Vehicle Depreciation Compensation

Vehicle depreciation compensation is a type of compensation that can be claimed by the owner of the vehicle if the market value of a vehicle decreases as a result of a traffic accident compared to before the accident. These compensations aim to compensate for the loss of value of the vehicles involved in the accident even after repair. It is important to work with an expert lawyer in order to successfully execute such claims in Turkey. Especially in a big city like Antalya, experienced and well-versed lawyers play an important role in protecting the rights of their clients.
There is no loss of value in every vehicle that has an accident in traffic. The first condition for the depreciation to occur is that the accident vehicle is flawless or not completely defective in the accident. If it is flawless, the owner of the vehicle can receive the entire depreciation, and if it is not fully defective, the depreciation can be taken to the extent that it is flawless. Along with this prerequisite, the mileage of the vehicle, the undamaged 2nd hand market price, the parts of the damage, etc., are important in determining the amount of depreciation.
Vehicle depreciation is collected from insurance companies, not from the owner or driver of the vehicle who is at fault. The premiums paid for the Compulsory Liability Insurance include depreciation coverage. This coverage comes into play when an accident occurs and another vehicle is damaged and covers the loss of value in the accident.
How and When to Apply
When an accident occurs, an application is made to the insurance company of the defective vehicle with the necessary documents (accident detection report, final expertise report, driver’s license, copy of license, damage pictures and claim petition). Applications can be made to the e-mail addresses of the insurance companies online or by registered mail. If the insurance company does not respond within 15 days for insurance claims and 15 working days for motor insurance damages, or if the request is rejected, an application is made to the Insurance Arbitration Commission and a decision is made within an average of 6 months.
Steps Required to Receive Vehicle Depreciation Compensation
1. Accident Report: The report prepared during the accident is the first and most important document of the compensation claim. This report determines which party was at fault and the details of the accident.
2. Damage Report: Damage reports issued before and after the vehicle undergoes repairs play an important role in determining how much the vehicle has lost in value after the accident.
3. Expert Report: A report prepared by an independent appraiser is required to calculate the depreciation. The appraisal determines the loss in market value by assessing the condition of the vehicle.
4. Application to the Insurance Company: The claim for compensation together with the necessary documents is forwarded to the insurance company. The insurance company evaluates the claims and responds.
5. Legal Process: If the insurance company rejects the claim or does not find it sufficient, it may be necessary to take legal action. At this point, the guidance of an expert lawyer is critical.
Advantages of Working with Antalya’s Best Depreciation Compensation Lawyer;
– Expertise and Experience: Having knowledge of compensation claims in the electronic environment is important for the preparation of files quickly and accurately. Terlemez law firm has gained experience in depreciation compensation cases with its professional lawyer staff.
– Effective Communication: You need to be in constant communication with your lawyer in order for your transactions to be carried out quickly and effectively. Terlemez law firm makes the process transparent by establishing effective communication with its clients with its professional lawyer staff in cases of loss of value compensation.
– Precedent Decisions: Precedents from previous similar cases are an important source of reference to support your claims.
Precedent Decisions
1. *Court of Cassation 2018/1234 E. 2019/4567 K.*: The Court of Cassation has decided that the claim for compensation for the loss of value of the vehicle in an accident will be evaluated on the basis of the damage report and the appraisal report. In this case, he emphasized that the depreciation must be determined in a concrete way.
2. Court of Cassation 2019/5678 E. 2020/8910 K.: In this decision, it was stated that the claim for compensation of the owner of the vehicle, who lost value as a result of the damage to the vehicle, was justified and it was ruled that the depreciation of the vehicle should be calculated according to the reproduction value of the vehicle.
3. Court of Cassation 2021/12345 E. 2022/6789 K.: The Court of Cassation stated that the difference between the market value of a vehicle after the accident and its value after the repair should be compensated, and drew attention to the importance of the appraisal report in this regard.
Result;
As Terlemez Law Firm, we provide professional services to our domestic and foreign clients in all of Turkey, especially in Antalya, with our expert lawyer staff and nearly 20 years of experience in vehicle depreciation compensation.
The precedents and processes mentioned above will guide you in terms of protecting your rights in the compensation claim process and making a more informed decision. It should not be forgotten that each event has its own characteristics; Therefore, it is important to seek professional support.