Liability and Exemption from Liability Regarding Vehicle Depreciation

 In car accidents, not only is there material damage, but the decrease in the value of the vehicle can also constitute a significant financial loss. Who should compensate for this loss depends on the fault in the accident and the relevant legislation.

What is vehicle depreciation?

Vehicle depreciation is the decrease in market value of a vehicle following damage sustained in an accident, even after it has been repaired and restored to its original condition. This decrease can vary depending on the severity of the accident, the extent of the damage, and the vehicle's model.

Who is responsible?

For compensation of vehicle depreciation, the party at fault in the accident is primarily held liable. Compensation liability is then distributed proportionally according to the degree of fault.

However, in some cases, the at-fault party may be unable to pay compensation due to financial difficulties, or it may be difficult to determine fault. In such situations, alternative solutions may be considered to compensate for the depreciation in vehicle value.

Ways to Avoid Liability for Vehicle Depreciation

The decrease in value of vehicles in accidents can constitute a significant financial loss. Compensation for this loss is primarily considered to belong to the party at fault. However, in some cases, the party at fault may be unable to pay compensation due to financial difficulties, or determining fault may be difficult. In such situations, alternative solutions for compensation for the vehicle's depreciation may come into play.

Compulsory Motor Insurance (ZTS)

ZTS provides a certain level of coverage for material and bodily harm to third parties. However, ZTS does not cover vehicle depreciation.

Comprehensive Car Insurance

Comprehensive car insurance is a type of insurance that covers material damage and depreciation in value resulting from an accident. Having comprehensive car insurance provides significant protection against compensation for the decrease in the value of your vehicle.

Application to the Insurance Company

The vehicle owner can apply directly to the insurance company for compensation for the decrease in value due to the accident. The insurance company will pay compensation based on the degree of fault.

Expert Report

Expert reports are considered an important document for compensation claims. The expert report calculates the depreciation in value based on the severity of the accident, the extent of the damage, and the vehicle's model. The expert report can be used as evidence in negotiations with insurance companies and in court.

Taking Legal Action

If a compensation claim is rejected by the insurance company or if fair compensation is not paid, the vehicle owner can pursue their rights through the courts.

Liability of the Vehicle Operator for Claims for Depreciation in Value

Vehicle accidents can result in significant financial losses due to depreciation in value. Compensation for this loss is generally held primarily against the party at fault.

Vehicle Operator's Responsibility

The vehicle owner may be liable for diminished value claims if they are at fault in an accident or if the at-fault party is unable to pay compensation due to financial difficulties.

Legal Basis:

• Turkish Code of Obligations (BK) Article 49: The person at fault is liable for debts arising from damages suffered by another person due to the fault of the first person.
• Article 97 of the Highway Traffic Law (TRL): In compensation for material damages arising from traffic accidents, liability is determined in proportion to the degree of fault.

Ways to Avoid Responsibility

In some cases, the vehicle owner may be relieved of liability for depreciation claims. Some of these include:

• No Fault: The vehicle operator may be exempt from liability if the accident occurred without any fault on their part.
• Compulsory Motor Insurance (ZTS): ZTS provides a certain level of coverage for material and bodily harm damages to third parties. However, ZTS does not cover vehicle depreciation.
• Comprehensive Car Insurance: Comprehensive car insurance is a type of insurance that covers material damage and depreciation in value resulting from an accident. Having comprehensive car insurance provides significant protection against compensation for the decrease in the value of your vehicle.
• Expiration of Legal Deadlines: There are legal deadlines for filing compensation claims. The necessary procedures must be completed before these deadlines expire.

Key Points:

• It is important to gather all necessary documents for compensation claims and to submit them to the insurance company in a timely manner.
• Seeking assistance from a lawyer in legal proceedings will help protect your rights.