REPLACEMENT VEHICLE COST

REPLACEMENT VEHICLE COST (COMPENSATION FOR LOSS OF VEHICLE)

In our country, traffic accidents are increasing due to the rising traffic density. In the first six months of 2022, the number of traffic accidents was 226,793, and the vast majority of these were traffic accidents resulting in material damage.

This is a request for compensation where the driver, who is unable to drive as a result of the accident, is provided with a replacement vehicle (the model of the vehicle in question) after deducting expenses incurred during the period the driver is unable to drive, and the person who caused the damage is then required to pay for the resulting costs.

In traffic accidents involving only material damage, the insurance company of the driver who is entirely at fault for the accident covers the repair costs of the vehicle that is not at fault.

Replacement vehicle service is offered when purchasing comprehensive car insurance.

WHAT IS A REPLACEMENT VEHICLE?

A replacement vehicle is when, following an inspection of a damaged vehicle by an independent expert, it is determined that the vehicle is unfit for road use, the insurance company provides a replacement vehicle for the insured owner. The replacement vehicle should be chosen to be as close as possible to the original vehicle's specifications.

The purpose of implementing the replacement vehicle service is to prevent drivers who are unable to drive their vehicles as a result of an accident from being left without a vehicle.

For a replacement vehicle to be provided, the traffic accident must not be minor. For example, a scratch or paint damage is acceptable. The reason for this is that there should be no problem with the vehicle's driving mechanism.

The conditions under which the insured person can obtain a replacement vehicle and the duration of this replacement vehicle should be clearly defined when the insurance policy is prepared.

CIRCUMSTANCES IN WHICH A REPLACEMENT VEHICLE IS PROVIDED

A replacement vehicle is provided when a vehicle involved in a traffic accident requires extended maintenance and repair time. The primary condition for a driver to benefit from this service is that the vehicle has sustained significant material damage rendering it unusable.

CONDITIONS FOR USING A REPLACEMENT VEHICLE

To be eligible for a replacement vehicle service, the driver must meet certain conditions. These conditions are generally the same across all insurance companies. Accordingly, the conditions for benefiting from a replacement vehicle are:

1 – The damage to the vehicle resulting from an accident must be certified by an independent expert.

2 – The damaged vehicle must not be repairable within twenty-four hours.

3 – The vehicle must be damaged while in motion. The accident must not have occurred while the vehicle was parked or stationary.

4 – The expert and the service center that will repair the vehicle must reach an agreement. The vehicle goes to the service center only after this agreement is reached. If the expert and the service center cannot reach an agreement, the matter goes to the insurance company.

5 – If the vehicle is repaired before the given time, the replacement vehicle must be returned.

6 – Damaged vehicles are eligible for replacement vehicle service once or twice a year.

7 – If the insurance company cannot find a vehicle of the same make and model as the vehicle involved in the accident, the policyholder can rent a vehicle with similar specifications. The expenses incurred by the driver for this rental vehicle will be covered by the insurance company, provided the driver submits the necessary invoices.

8 – If the driver fails to return the provided replacement vehicle after the permitted rental period has expired, the driver will be required to pay an additional rental fee for the period they used the vehicle. The driver is obligated to pay this fee.

9 – Depending on the driver's place of residence, the vehicle must be delivered from the province where it was issued.

10 – And finally, the driver is responsible for paying for tolls and bridges used by the driver while using the replacement vehicle.

Replacement vehicle services cannot be obtained outside of the comprehensive insurance policy.

REPLACEMENT VEHICLE PERIOD

Although it may vary depending on the insurance company, the replacement vehicle period can range from seven to fifteen days.

REPLACEMENT VEHICLE COMPENSATION

Replacement vehicle compensation refers to the loss resulting from a vehicle being unusable due to damage in an accident. The party at fault in the accident is responsible for the vehicle being unusable while undergoing repairs. According to Article 49 of the Turkish Code of Obligations, compensation for damages is not sought from the at-fault party. The person who damaged the vehicle has the right to claim compensation from the other party or their insurance company.

The amount of compensation is determined by considering factors such as the vehicle's specifications, model and make, how often the insured person uses the vehicle, the mileage the vehicle has accumulated to date, the repair time, the market value of the vehicle, the date the vehicle was first registered, and the amount to be paid for a replacement vehicle.

Compensation for loss of vehicle, also known as the cost of a replacement vehicle, is calculated by multiplying the daily cost of a replacement vehicle for the damaged vehicle (which is out of service due to repairs) by the number of days the vehicle is out of service due to repairs.