HOW TO CLAIM COMPENSATION FOR VEHICLE DEPRECIATION?

WHAT IS VEHICLE DEPRECIATION AND HOW IS IT CLAIMED?

This situation, which many drivers face after traffic accidents today, has become a matter of great interest to vehicle owners. In short, vehicle depreciation refers to the decrease in the value of a vehicle after it has been repaired or restored following a traffic accident, compared to its resale value. The important detail here is that even if the repaired vehicle is as close to its original condition as possible, its resale value will still be lower than its pre-accident price. Therefore, we must understand that vehicle depreciation will occur in any case, and its degree will be determined according to the accident, fault, or damage. Regarding how vehicle depreciation affects vehicles, many vehicle owners tend to sell their vehicles after traffic accidents. In these cases, since the resale value of the vehicle will be lower due to the accident, vehicle owners need to be informed about their liability for vehicle depreciation and learn what steps to take. After a vehicle damaged in a traffic accident undergoes repairs, its value decreases proportionally to the degree of damage. The party responsible for compensating this decrease is the party at fault in the accident, or the party entirely at fault or with a high degree of fault. Regarding the rights to compensation for depreciation, even if a part replacement or repair is done with original parts, the vehicle will be registered as defective, resulting in a decrease in value. Even if you are not at fault in a traffic accident, a significant decrease in your vehicle's value is unacceptable. Knowing your rights and how this depreciation can be compensated is crucial for the vehicle owner. In this situation, the party who is not at fault, or has a lower degree of fault, has the right to claim compensation for the decrease in value of their vehicle from the other party's insurance company or directly from the at-fault vehicle owner, or the registered owner, through legal action. While a driver without fault has the right to claim compensation from the other party's insurance company, the injured party can only benefit from their traffic insurance within two years of the accident; this two-year period is a statute of limitations. Furthermore, we know that comprehensive insurance policies do not have a responsibility to cover depreciation unless it is included in the policy, but if it is included in the problematic traffic insurance policy, then liability for depreciation arises. Comprehensive insurance, on the other hand, can only be covered for depreciation if agreed upon and added to the policy by both parties. As mentioned above, depreciation covered by compulsory traffic insurance can be covered by insurance companies within the framework of compulsory traffic insurance, but the insurance company to which the claim is made either relies on an expert report or requires a lawsuit to be filed first. Re-examining the faultless condition, it is not necessary for all vehicles involved in traffic accidents to experience depreciation; for depreciation to occur, the vehicle involved in the accident must be faultless or not entirely at fault. If the vehicle owner is found to be blameless, they are entitled to the full amount of the decrease in value incurred. However, if the vehicle owner is not entirely at fault, they are entitled to a proportional reduction in value. Furthermore, factors such as the resale value of the vehicle and the extent of the damage are considered when calculating this decrease in value. In all these situations, the owner of the vehicle that is blameless or less at fault in a traffic accident can first claim compensation for the decrease in value of their vehicle from the insurance company of the other party, i.e., the owner of the vehicle that is more or less at fault. They can also pursue legal action, although some insurance companies require that legal action has already been initiated, while others only require a direct application to the company. Furthermore, the vehicle owner can also apply to the Insurance Arbitration Commission. However, a crucial condition for applying to the Commission is that the other party's insurance company must be contacted, and if this application is not answered within 15 days or is rejected, the right to apply to the Commission arises. Another requirement for applying to the Commission is that the insurance company in question must be a member of the Commission. If the company is not a member, the right to apply to the Commission cannot be exercised; claims can only be made through legal action. However, even membership in the Commission does not automatically necessitate recourse to the Commission; the owner can still pursue their rights through legal action without going to the Commission.

HUSEYIN DOGAN