LIABILITY FOR LOSS OF VALUE AFTER AN ACCIDENT

The procedures regarding liabilities and the depreciation of a vehicle following an accident should be carried out in a swift, hierarchical manner. This increases the likelihood that the injured party will achieve favorable results with minimal cost and less bureaucratic procedures, without wasting time. If an individual who has applied to the insurance company after an accident does not receive a response within 15 days, or wishes to appeal the response, they can apply to the "Insurance Arbitration Board" or the "General Court." For more information on this process, you can review the article titled "Insurance Arbitration Commission ." The main purpose of this application is to expedite and reduce costs for the victims , and to lessen the workload of the courts

Liability for Vehicle Depreciation

According to the Turkish Traffic Law, compensation is paid for the decrease in value of a vehicle following an accident;

1. Driver causing damage
2. Vehicle operator
3. If applicable, the owner of the enterprise to which the vehicle is registered
4. Compulsory financial liability insurer
5. If applicable, optional liability insurer

(Not limited to those listed.)

According to Article 85 of the Turkish Traffic Law, the type of liability accepted from the perspective of the business to which the vehicle belongs is a strict liability (objective liability). Those responsible for the business or its actions are liable for the resulting damage even if they are not at fault. The operator may be relieved of liability if they can prove that the fault cannot be attributed to them due to force majeure, the gross negligence of the injured party, or a third party (proof of exoneration).

The scope of operator liability is defined in Article 85 of the Turkish Road Traffic Law as follows: "...the operator of the motor vehicle and the owner of the enterprise to which it belongs shall be jointly and severally liable for the resulting damage." According to this article, the type of liability of the parties involved is strict liability.

The operators responsible under 'objective liability' for the fault of the driver and assistants are as follows:

1. Vehicle owner – operator
2. The vehicle is operated under a legal entity (company, etc.)
3. Individuals and legal entities who derive economic benefit from the vehicle
4. Persons who rent, borrow, or lien a vehicle for a long period of time

The points on which legal doctrine and Supreme Court practice agree regarding how the vehicle operator can be relieved of liability in claims for depreciation in value are as follows:

1. The lease agreement being long-term,
2. Both actual control over the vehicle and economic benefit from it must be present.

Furthermore, the Court of Cassation has stated that if the statements indicate the existence of a long-term lease agreement, and no such agreement is presented to the court during the trial, the court must investigate this. If the court issues a decision without investigating, this constitutes an incomplete trial In its ruling dated March 28, 2016, numbered 2015/15824 E. 2016/3864 K., "A judgment cannot be rendered with incomplete investigation. In this case, the court should have investigated and gathered the evidence regarding the defendant's claim of a long-term lease and rendered a decision accordingly. However, rendering a decision in writing with incomplete investigation is incorrect..." thus expressing that the incomplete trial process is inappropriate.

Having explained who the operator is in our discussion, as if they were the operator . These individuals will be held responsible for the damages incurred, just like the operator. These include:

1. Those engaged in professional activities related to motor vehicles,
2. Race organizers,
3. State and public institutions,
4. Those who steal or hijack a motor vehicle ,

These can be considered as such.

The driver's and assistant's liability is based on fault , not strict liability. The Compulsory Financial Liability Insurer is liable as if they were the operator of the vehicle. Comprehensive insurance also gives the person whose vehicle has been damaged the right to apply to their own insurance company. According to Article 1278 of the Turkish Commercial Code, both the insured and the driver benefit from comprehensive insurance. The degree of fault does not affect the compensation in this case.

In short, a person applies for comprehensive car insurance to cover their own damages, insurance cover damages suffered by a third party .

While vehicle depreciation is covered under insurance, comprehensive (kasko) insurance has NO such provision . However, since depreciation is a direct loss, it should be covered by comprehensive insurance, and some comprehensive insurance policies add depreciation as a clause in the pre-contractual agreement. The Supreme Court believes that this clause should be explicitly stated in the comprehensive insurance policy.

Regarding the insurer's liability, the 17th Civil Chamber of the Supreme Court of Appeals, in its ruling dated May 30, 2016, numbered 2016/3367 E. 2016/6495 K.,: "...The expert report obtained by the court revealed that the service employee driver involved in the accident was blameless. Although the causal link was broken because the defendant service employee had no fault in the accident, the acceptance of the case on the grounds that the defendant company providing the service has liability arising from its duty of care necessitates reversal." Thus, it established a kind of criterion in terms of insurance liability.

Statute of Limitations in Vehicle Depreciation Claims

The absolute time limit is set as 2 years, and possibly 10 years, from the date the damage and liability for compensation are learned. However, it should be noted that every traffic accident constitutes the crime of endangering traffic safety (Turkish Penal Code Article 179), and according to the principle that "If a longer statute of limitations is stipulated in the criminal code, that statute of limitations also constitutes a limit for compensation in civil cases," the 8-year statute of limitations prescribed for the crime of endangering traffic safety will also apply in this case.

Court with Jurisdiction in Vehicle Depreciation Cases

The Commercial Court and the Civil Court of First Instance have jurisdiction over claims for damages suffered by a third party.

For more information on this matter, you can consult with our firm's experienced lawyers.

 

Trainee Lawyer Hamdi Berk Can