Although motor vehicles damaged in traffic accidents are repaired, especially motor vehicles, there may be a loss of value;
The realization of depreciation, as a rule, depends on the fact that the ‘vehicle has not completed its economic life’, ‘it has not been involved in an accident before and has not been damaged and repaired’ and has been ‘used diligently’.
These elements should be evaluated especially according to the unique (original) condition of the motor vehicles, just because they have been used for a certain period of time (age) does not mean that they have completed their economic life. For example, a motor vehicle that retains its original condition due to the fact that it has been carefully used and preserved well without previous accidents and repairs may also have an economic depreciation regardless of the period of use (age).
Vehicle depreciation can be compensated in two ways when a financially harmful traffic accident occurs. The first of these is the general way of litigation, and the second is the resolution of the dispute as a result of an application to the Insurance Arbitration Commission.
A-) GENERAL WAY OF LITIGATION
1-DEFECT REQUIREMENT IN VEHICLE DEPRECIATION COMPENSATION CASE:
49 Of the Code of Obligations. According to its article, it is obliged to remedy this damage caused to someone else by a defective and unlawful act.
As a result of a traffic accident, the repair costs of a vehicle that does not have a defect are covered by the insurance company within the scope of compulsory traffic insurance of the counterparty. However, the damage record is being processed for the crashed vehicle and this situation occurs in front of the vehicle owner when he wants to sell his vehicle. As a result of this, there is a difference in value during the sale between the car that has not been in an accident with the same model brand and technique and the Dec that has been in an accident. In summary, the vehicle that has been damaged in the used market is not in demand and the sale price is reduced and the value is lost.
If your vehicle has lost value due to a financially damaged traffic accident, you should file a vehicle depreciation compensation claim according to your defect rate in the accident. For example, a lawsuit filed by the owner of a vehicle that caused an accident and was found to be 100% defective is dismissed.
2-HOW SOON WILL THE VEHICLE DEPRECIATION COMPENSATION CASE BE CONCLUDED:
Vehicle Decalculation compensation cases as a result of a traffic accident are concluded on average between 9 months and 1.5 years.
If you have rented a car while you cannot use your car, you can also ask for compensation for the cost and if your car is a commercial vehicle, you can also ask for compensation for damage during the time you cannot use it.
3-AGAINST WHOM CAN A VEHICLE DEPRECIATION COMPENSATION CASE BE FILED:
Of course, the fact that the claim for compensation for vehicle depreciation compensation is directed to the insurance company will be in favor of the claimant in terms of the payable power of the insurance company.
If the vehicle driver and the license holder are different in terms of compensation for loss of value, any of them can be sued, as well as the driver and the license holder can be sued together.
4-IN WHICH COURT SHOULD THE VEHICLE DEPRECIATION COMPENSATION CASE BE FILED:
HMK’s 2. In accordance with the Article, in cases related to the rights to property, regardless of the value and amount of the subject of the case, the court charged with cases related to the presence of a person is the court of first instance, unless there is a contrary regulation.
In accordance with the relevant regulation, the court in charge of the vehicle depreciation compensation case will also be the court of first instance.
If the loss of value compensation case is filed against the insurance company, the court in charge in this case will be the Commercial Court of First Instance.
Again, the court authorized in the vehicle depreciation compensation case is HMK’s 16th. It will be determined in accordance with the article. Accordingly, in cases arising out of a tort, the court of the place where the tort was committed or where the damage occurred or where there is a possibility of its occurrence, or the place of settlement of the injured person, is authorized.
5-DETERMINATION OF THE AMOUNT OF COMPENSATION AND DEFECT IN THE DEPRECIATION OF THE VEHICLE:
An expert report is obtained to determine the defect rates of the parties and the depreciation of the vehicle in the case. The expert report is of great importance in terms of the outcome of the case.The history and nature of the damage, Mileage, Brand and model information, Year of manufacture, Sunday value, Nature of the damage caused also play an important role in determining the amount of compensation.
6-CAN A LOSS OF VALUE COMPENSATION LAWSUIT BE FILED FOR A VEHICLE THAT HAS BEEN IN AN ACCIDENT BEFORE?
If your car has a record of damage at a date before the accident, the loss of value case may be dismissed, which will be filed only because it is not possible to cause a loss of value based on this accident, and the car has lost value due to a previous accident. Therefore, before filing a lawsuit, it should be noted whether the vehicle has an accident record and whether there is a part change.In addition to many elements, the element of whether the vehicle was involved in an accident before is also evaluated when determining the depreciation, and the determination of the depreciation differs according to each concrete event.
7-LIMITATION PERIODS IN THE VEHICLE DEPRECIATION COMPENSATION CASE:
72 Of the Code of Obligations. In the light of the article, the vehicle depreciation compensation case may be filed within a two-year period from the date of the accident incident being learned or occurring. In addition, in case of failure to find out about the damage and accident in any case, a vehicle depreciation compensation claim may be filed within a 10-year statute of limitations from the date of October of the accident. However, according to the manner of occurrence of the accident, if the criminal code provides for a longer statute of limitations, these periods are observed.
B-) THE WAY OF APPLYING TO THE INSURANCE ARBITRATION COMMISSION:
30 of the Insurance Law No. 1.5684. The article contains the regulations on the application to the Insurance Arbitration Commission with the title ’arbitration in insurance”. Accordingly, a person who has a dispute with organizations 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 organization is not a member of the insurance arbitration system for disputes arising from insurance mandated 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 a direct material damage that must be compensated under compulsory traffic insurance.In Compulsory Insurance, regardless of whether the organization is a member of the Commission or not, an application can be submitted to the Commission for disputes arising after 18.04.2013.
In accordance with the provisions of the Law on Consumer Protection and the Court, no application may be made to the Commission in relation to disputes that have been referred to the Arbitration Committee on Consumer Issues.
2.In order to apply to the Insurance Arbitration Commission, it is first necessary to apply to the relevant insurance company in accordance with the loss of value. If the insurance company does not respond within 15 days or the answer it has provided does not fully or partially meet the request for the application, in this case the Insurance Arbitration Commission will be contacted.In order to go to the commission, the person who has a dispute with the insurer must have made the necessary applications to the insurer regarding the incident that is the subject of the dispute and documented that his request has been partially or completely negative. It is also sufficient for the application to the Commission if the insurance organization does not respond in writing within fifteen working days from the date of application.
3.The application of the person who has a dispute with the insurance organization to the Commission is examined primarily by the rapporteurs. The rapporteurs must complete their review no later than fifteen days. Applications that cannot be resolved by the rapporteurs are forwarded to the insurance arbitrator. Which insurance arbitrator will take care of the dispute is selected by the Commission from the list of insurance arbitrators. The Commission may decide on the creation of a delegation of at least three insurance arbitrators, depending on the nature of the work. However, in cases where the amount subject to dispute is fifteen thousand Turkish liras or more, the formation of a delegation is mandatory. The committee makes its decision mostly. Referees decide only on the basis of the documents provided to them. The elected insurance arbitrator cannot refuse the duty, except for force majeure and unforeseen circumstances. However, the parties may reject the arbitrator on the basis of the reasons for the refusal of the judge contained in the Code of Civil Procedure. A request for refusal is submitted to the Commission by a petition no later than five working days from the date of receipt of the situation. At the request of the refusal, the director of the Commission decides on this issue no later than five working days after hearing the opinions of the two parties.
4.Referees are obliged to make a decision no later than four months from the date of their appointment. Otherwise, the dispute will be settled by the competent court. However, this period may be extended with the express and written consent of the parties. The arbitrator shall submit his decision to the director of the Commission.The decision shall be notified to the parties by the Director of the Commission within three working days at the latest; in addition, the original file of the decision shall be sent together with the official court at the location of the Commission and stored by the court.
5.Arbitration decisions made on disputes under five thousand Turkish Liras are final. An appeal against arbitration decisions made on disputes of five thousand Turkish Liras or more may be filed with the Commission once within ten days from the date of notification of the decision to the relevant person by the Commission.In order to file an appeal, the application fee determined in accordance with this article must be deposited with the Commission. Upon appeal, the execution of the arbitrator’s decision stops. The appeal request is examined exclusively by the arbitration committees established by the Commission to examine these requests. The decision on the appeal request is made within two months from the date of the work to the delegation. Arbitration decisions issued on disputes over five thousand Turkish liras or more are finalized in the absence of an appeal application within the period in accordance with this article.Decisions made on appeal on disputes over forty thousand Turkish liras can be appealed. The Code of Civil Procedure applies to the procedures and principles relating to the appeal.
6.An application fee is charged to the Insurance Arbitration Commission for applicants.The commission to refer to the first 5.000 TL references to the amount in dispute up to $ 100, the amount of the dispute between 5.001 to 10.000 references for TL 250 TL TL TL TL 350 10.001 for applications between 20,000 and the amount in dispute, the amount in dispute, the amount of conflict in the references 20001 TL and above 1,5% (with at least 350 TL), including agricultural insurance institution of the application fee must be deposited in the collection account bank branches Arbitration Commission through the program.
7.An application form must be filled out and signed with a wet signature to the Insurance Arbitration Commission. It is possible to apply to the Insurance Arbitration Commission in person or by mail. Arbitrators may hold hearings if deemed necessary.
THE FOLLOWING DOCUMENTS MUST BE INCLUDED IN THE APPLICATION TO THE INSURANCE ARBITRATION COMMISSION:
Wet signed application form
The applicant must have a valid identity document of natural persons(identity card, driver’s license, etc.)
An example of a bank receipt stating that the application fee has been paid
Your insurance provider that the application of the negative results that partially or completely, signed by company officials, the final answer or reference yapilik post after 15 business days for the insurance companies ( traffic insurance in 15 days ) for proof that you didn’t answer at the end of a written document (notary, a pink slip, certified mail or postal receipt, showing the date of registration of the organization of the documents copy of insurance.
A statement that clearly and concretely shows what was requested by applying to the commission with explanations that contain details of why the answer received from the insurance company did not meet the request.
A fee receipt and a bar code stamp in the form of a power of attorney for applications made with a proxy.
SUPREME COURT 4. DEPARTMENT OF LAW E. 2001/12342, K. 2002/3124, T. resolution of 18.3.2002:
“… The case is a request for compensation arising from a traffic accident, and the court has adopted on the basis of an expert report that there will be no loss of value in the car belonging to the plaintiff based on the expert report. It is necessary to accept that the exchange (fair) value of the vehicle after repair will be less than the exchange value before the incident. Because even if it is completely repaired, this car bears the traces of destruction. The value in repaired condition, are in good repair, no matter how, as a rule, does not cause any damage of the same nature that is less than the value of the vehicle, and this is born from a traffic accident than the current value… lose the case based on the expert report and request compensation by the court, the plaintiff would have been adopted value of the vehicle kaybiolmay…However, the value of the plaintiff’s assets if the event occurred damaging event to the next is less than the value if there is damage in shipment. As a rule, it is necessary to take the objective value as the basis for determining the objective damage if something is really destroyed or damaged. This is an exchange value (fair value)…”
SUPREME COURT 17. DEPARTMENT OF LAW E. 2016/17995 K. 2017/9940
1.11.2017:
…In compensation cases caused by a traffic accident, the party who caused the damage will be liable for the actual damage, at the rate of its defect. The company that insures the car of the person who caused the damage with compulsory financial liability insurance is also responsible for the actual damage of the person who caused the damage together with the person who caused the damage. In the face of the fact that the market fair sale price of the vehicle will be low after the repair, even if the damage to the vehicle damaged in a traffic accident is repaired, the loss of value caused by the accident is assessed as real damage, and both the person who caused the damage and the … company are responsible for this damage.
In the concrete case, the deputy plaintiff asked the defendants to collect the loss of value caused by the accident in the vehicle from the defendants. The court decided to dismiss the case on the part of the defendant’s company on the grounds that the defendant’s insurance is not responsible for the depreciation of the vehicle. The plaintiff did not appeal the decision.
For the reasons described above, the company is responsible for the actual damage caused by the accident at the defect rate up to the maximum policy limit. Depreciation of the vehicle is also one of the real and direct damages. In this case, the defendant …should be decided in the form of determining that Sh is responsible for the depreciation expense together with the other defendant without making an executive decision, while the case … A.It is not right that the defendant’s responsibility should be decided only by deciding to refuse in terms of…
YARGITAY17. IT’S THE LAW OFFICE. 2015/6486K. 2017/12264
28.12.2017
In this case, the court of the vehicle model, brand, features, damage, performing repairs, and the mileage, age in the history of the event, the prosecution’s allegations, the defense of the defendant and the vehicle prior to the crash undamaged and all of the file scope will be evaluated with second-hand and fixed with a fair market value when the accident occurs, the next the second-hand market value of the loss in value to the difference between the elimination of conflicts that may occur in the determination of the loss in terms of detailed, receiving a reasoned and auditable new report after that, all the evidence in the file is evaluated together, a report suitable for audit and provision should be received and decided according to the result to be reached, while it was not considered correct to establish a provision in writing…
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