Although motor vehicles damaged in traffic accidents are repaired, there may be a loss of value;
As a rule, the realization of the loss of value depends on the fact that the vehicle has not reached the end of its economic life, has not been involved in an accident and has not been repaired before, and has been used with care.
These elements should be evaluated especially according to the unique (original) condition of motor vehicles, the fact that they have only been used for a certain period of time (age) does not mean that their economic life has expired. For example, a motor vehicle that has not been in an accident or repaired before, has been carefully used and preserved, and maintains its original condition, regardless of the period of use (age), and there may be a loss of economic value.
In the event of a materially harmful traffic accident, the loss of value of the vehicle can be compensated in two ways. The first of these is the general litigation and the second is the resolution of the dispute as a result of the application made to the Insurance Arbitration Commission.
A-) GENERAL ACTION
1-DEFECT ACTION FOR LOSS OF VALUE OF THE VEHICLE:
Pursuant to Article 49 of the Code of Obligations, the person who causes harm to someone else with a faulty and unlawful act is obliged to compensate for this damage.
As a result of the traffic accident, the repair costs of the vehicle that does not have a defect are covered by the insurance company within the scope of the other party’s compulsory traffic insurance. However, the damage record is processed for the accident vehicle, and this situation comes before the vehicle owner when he/she wants to sell his/her vehicle. As a result of this, there is a difference in value between the vehicle that has the same model, brand and technique, and the one that has had an accident, and the one that has had an accident. In summary, the vehicle whose damage record has been processed is not in demand in the second-hand market, and its sales price decreases and it loses value.
If your vehicle has lost value due to a materially damaged traffic accident, you do not have to file a lawsuit for vehicle depreciation compensation according to your defect rate in the accident. For example, the lawsuit filed by the owner of the vehicle that caused the accident and is found to be 100% defective is rejected.
2- HOW LONG WILL THE VEHICLE LOSS OF VALUE CLAIM RESULT:
Vehicle depreciation claims as a result of traffic accidents result in an average of 9 months to 1.5 years.
If you have rented a vehicle while you cannot use your vehicle, you can request compensation for the cost of your vehicle, and if your vehicle is a commercial vehicle, you may request compensation for your loss during the period you cannot use it.
3- WHO CAN BE CLAIMED FOR LOSS OF VALUE OF THE VEHICLE:
In the case of vehicle depreciation compensation, directing the claim to the insurance company will of course be in favor of the claimant in terms of the insurance company’s solvency.
If the driver of the vehicle and the license holder are different in terms of compensation for the loss of value, a lawsuit can be filed against anyone or the driver and the license holder can be sued together.
4-IN WHICH COURT SHOULD THE CASE FOR LOSS OF VALUE OF THE VEHICLE BE FILED:
Pursuant to Article 2 of the CPC, in cases concerning property rights, regardless of the value and amount of the subject of the case, the court in charge of cases regarding personal property is the civil court of first instance unless otherwise regulated.
Within the scope of the relevant regulation, the court in charge of the vehicle depreciation compensation case will be the civil court of first instance.
If an action for compensation for loss of value is filed against the insurance company, then the competent court will be the Commercial Court of First Instance.
Again, the competent court in the vehicle depreciation compensation case will be determined in accordance with Article 16 of the HMK. Accordingly, in cases arising from tortious acts, the court of the place where the tortious act was committed or the place where the damage occurred or is likely to occur or the place of residence of the injured person is authorized.
5-DETERMINATION OF THE AMOUNT OF COMPENSATION AND THE DEFECT IN THE VEHICLE LOSS OF VALUE:
An expert report is obtained in order to determine the defect rates of the parties and the loss of value in the vehicle. The expert report is of great importance in terms of the outcome of the case. Damage history and nature, Mileage, Brand and model information, Year of manufacture, Market value, The nature of the damage also plays an important role in determining the amount of compensation.
6- CAN A CASE BE OPENED FOR LOSS OF VALUE AND COMPENSATION FOR A VEHICLE THAT HAS BEEN CRASHED BEFORE?
If your vehicle has a record of damage at a date before the accident, the depreciation lawsuit to be filed due to the fact that it is not possible to depreciate solely based on this accident and the vehicle’s depreciation due to a previous accident may be rejected. For this reason, before filing a lawsuit, attention should be paid to whether the vehicle has an accident record and whether there is a replacement part. While determining the depreciation, besides many factors, the element of whether the vehicle was involved in an accident before is also evaluated, and the determination of the depreciation according to each concrete event differs.
7-TIMELINES OF LIMITATION IN VEHICLE LOSS OF VALUE CLAIM:
In the light of Article 72 of the Code of Obligations, a vehicle depreciation compensation case can be filed within two years from the date the accident event was learned or occurred. In addition, in any case, if you do not learn about the damage and the accident, the date of the accident occurred.
Within the 10-year statute of limitations from the date of departure, a vehicle depreciation claim can be filed. However, if the penal laws stipulate a longer statute of limitations according to the way the accident occurred, these periods are complied with.
B-) APPLICATION TO THE INSURANCE ARBITRATION COMMISSION:
Article 30 of the Insurance Law No. 1.5684 includes regulations regarding the application to the Insurance Arbitration Commission with the heading “arbitration in insurance”. Accordingly, the person in dispute with the institutions that are members of the insurance arbitration system may benefit from the arbitration procedure, even if there is no special provision in the contract that is the subject of the dispute. In order to apply to the insurance arbitration commission, the relevant insurance company must be a member of the Insurance Arbitration System. The number of members is increasing day by day. However, even if the relevant institution is not a member of the insurance arbitration system, for the disputes arising from the insurances required by the relevant legislation, the right holders may benefit from the arbitration procedure in accordance with the provisions of this section. Vehicle depreciation compensation, on the other hand, is in the nature of direct material damage that must be compensated within the scope of compulsory traffic insurance. In Compulsory Insurances, regardless of whether the organization is a member of the Commission, an application can be made to the Commission for disputes arising after 18.04.2013.
In accordance with the provisions of the Law on the Protection of the Consumer and the Court, no application can be made to the Commission regarding the disputes submitted to the Arbitration Committee for Consumer Problems.
- In order to apply to the Insurance Arbitration Commission, first of all, it is necessary to apply to the relevant insurance company in line with the loss of value. If the insurance company does not respond within 15 days, or if its response does not partially or completely meet the request regarding the application, then the Insurance Arbitration Commission is applied. must have made the necessary applications to the institution and documented that the request was partially or completely negative. Failure of the insurance company to respond in writing within fifteen working days from the date of application is also sufficient for an application to the Commission.
- The application of the person who has a dispute with the insurance company to the Commission is first examined by the rapporteurs. Rapporteurs must complete their investigations within fifteen days at the latest. Applications that cannot be resolved by the rapporteurs are forwarded to the insurance arbitrator. Which insurance arbitrator will deal with the dispute is selected by the Commission from the list of insurance arbitrators. Depending on the nature of the work, the Commission may decide to establish a panel of at least three insurance arbitrators. However, in cases where the amount in dispute is fifteen thousand Turkish Liras or more, the formation of a committee is obligatory. The committee makes its decision mostly. Arbitrators make decisions only on the documents given to them. The selected insurance arbitrator cannot refuse duty, except for force majeure and unexpected circumstances. However, the parties may reject the arbitrator based on the grounds of refusal in the Code of Civil Procedure. The rejection request is made to the Commission with a petition within five working days at the latest from the date the situation is learned. Upon the rejection request, the Commission director shall decide on this issue within five working days at the latest, after hearing the views of both parties.
- Referees are obliged to make a decision within four months at the latest from the date of their appointment. Otherwise, the dispute will be settled by the competent court. However, this period can be extended with the express and written consent of the parties. The arbitrator delivers his decision to the Director of the Commission. The decision is notified to the parties by the Director of the Commission within three working days at the latest; In addition, the original of the decision together with the file is sent to the competent court in the place where the Commission is located and kept by the court.
- Arbitrary decisions on disputes under five thousand Turkish Liras are final. An objection can be made to the Commission, for once, within ten days from the date of notification of the decision by the Commission, against the arbitral awards rendered on disputes of five thousand Turkish Liras or more. Upon appeal, the execution of the arbitral award stops. The objection request is examined exclusively by the arbitral committees formed by the Commission to examine these requests. A decision on the objection request is made within two months from the transfer of the work to the committee. Arbitrary decisions on disputes of five thousand Turkish Liras or more become final if no objection is filed in accordance with this article. Appeals may be made for the decisions rendered upon objection for disputes over forty thousand Turkish Liras. The Code of Civil Procedure applies to the procedures and principles regarding the appeal.
- Application fee is charged from applicants to the Insurance Arbitration Commission. Apply to the Commission
First of all, to flourish; 100 TL for applications with a dispute amount up to 5.000 TL, 250 TL for applications between 5.001 and 10.000 TL, 350 TL for applications between 10.001 TL and 20.000 TL, 1.5% of the dispute amount for applications with a dispute amount of 20001 TL and more. The application fee (minimum 350 TL) must be deposited into the Insurance Arbitration Commission’s account from Ziraat Bank branches through the institution’s collection program.
- The application form to the Insurance Arbitration Commission must be filled and signed with a wet signature. It is possible to apply to the Insurance Arbitration Commission in person or by mail. Arbitrators may hold hearings when deemed necessary.
THE FOLLOWING DOCUMENTS MUST BE CONTAINED IN THE APPLICATION TO THE INSURANCE ARBITRATION COMMISSION:
Wet signed application form
Applicant real persons must have a valid identity document (identity card, driver’s license, etc.)
Sample of bank receipt showing that the application fee has been paid
Final reply letter of the insurance company signed by the company officials who partially or completely negative the application, or a document proving that the insurance company did not give a written response within 15 working days (15 days in traffic insurance) after the application is made (notary notice, registered mail with return receipt or cargo receipt, insurance A copy showing the document registration date of the institution.
Explanations containing the details of why the response received from the insurance company did not meet the demand, and a clear and concrete statement of what was requested with the application to the commission.
For applications made with a proxy, a copy of the power of attorney fee receipt and bar stamp.
Supreme Court 4th LAW DEPARTMENT E. 2001/12342, K. 2002/3124, T. 18.3.2002 decision:
“… The lawsuit is a request for compensation arising from a traffic accident and it has been accepted by the court that there will be no loss of value in the vehicle belonging to the plaintiff, based on the expert report. After the vehicle is repaired, it must be accepted that the exchange (market) value will be less than the exchange value before the incident. Because even if it is completely repaired, this car bears the traces of destruction. As a rule, the value of the repaired vehicle is lower than the value of any vehicle that has not been damaged, no matter how well it is repaired, and this causes it to lose its current value. The case is a request for compensation arising from a traffic accident. If the value of the asset is less than its value in the absence of the damaging event, there is a loss. As a rule, objective value should be taken as a basis in order to determine the objective damage in case something is destroyed or damaged. This is the exchange (market) value…”
JUDICIARY 17th LAW DEPARTMENT E. 2016/17995 K. 2017/9940
11.11.2017:
… In compensation cases arising from a traffic accident, the damaging party shall be liable for the actual damage to the extent of his fault. The company that insures the vehicle of the damager with compulsory liability insurance is also responsible for the actual loss of the injured party together with the damager. Even if the damage of the vehicle damaged in the traffic accident is repaired, in the face of the fact that there will be a decrease in the current market selling price of the vehicle after the repair, the loss in value of the vehicle due to the accident is considered as the actual loss and both the damager and the company are responsible for this damage.
In the concrete case, the plaintiff’s attorney requested the defendants to collect the loss of value in the vehicle due to the accident that occurred in the vehicle. The court decided to reject the case in terms of the defendant company, on the grounds that the defendant insurance was not responsible for the loss of value of the vehicle. The plaintiff did not appeal the decision.
For the reasons explained above, the company … is responsible for the actual damage caused by the accident at the rate of fault up to the maximum policy limit. The loss of value in the vehicle is also one of the real and direct damages. In this case, while it should be decided that the defendant …Ş is responsible for the loss of value together with the other defendant without an executive decision, it is not correct to decide on the responsibility of the defendant … by rejecting the case in terms of …
JUDICIARY17. LAW OFFICE. 2015/6486K. 2017/12264
28.12.2017
In this case, the model, brand, features, damage, repair procedures, mileage, age at the date of the incident, the claims of the plaintiff, the defense of the defendant and the entire file scope are evaluated together by the court, and after the accident occurs, the second-hand market value of the vehicle without damage and the repair Obtaining a new detailed, reasoned and auditable report in terms of determining the loss of value according to the difference between the second-hand market value after it has been sold, and eliminating any contradictions that may occur, after that, all the evidence in the file is evaluated together, a report suitable for inspection and judgment is obtained, and a decision is made according to the result to be reached. While it should have been given, it was not considered correct to make a provision in writing…
