WHAT IS VEHICLE DEPRECIATION? Vehicle depreciation
refers to the decrease in the value of a vehicle after a traffic accident, resulting in damage and subsequent repairs. In short, it is the amount of money lost from the vehicle's original value due to the accident. This depreciation is determined by an insurance expert appointed by the institution, following the procedures and principles determined by the institution, upon request, as stipulated in the "GENERAL CONDITIONS REGARDING AMENDMENTS TO THE GENERAL CONDITIONS OF COMPULSORY MOTOR VEHICLE LIABILITY INSURANCE." While our legal system does not explicitly define depreciation, considering the laws, legal provisions, and insurance regulations, it is accurate to describe it as the decrease in the value of a vehicle as a result of an accident. When examining the compensation and liability for depreciation, we see that according to Article 1409 of the Turkish Commercial Code, in the event of an accident, the at-fault party's traffic insurance is responsible for covering the damage and loss resulting from the accident, and also for compensating for the depreciation in value, which can be directly considered a loss. Looking at Article 85 of the Turkish Road Traffic Law, it is evident that this provision can be related to depreciation: "If the operation of a motor vehicle causes the death or injury of a person or damage to property, and if the motor vehicle is operated under the name or business name of an enterprise or with a ticket issued by such an enterprise, 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."
The question then arises: "From whom should compensation be claimed?" If the at-fault party in the accident suffers a depreciation in their vehicle's value, this depreciation is covered by the party that caused the accident or by that party's compulsory traffic insurance. Of course, in order for the full amount of depreciation and damages to be claimed directly in this way, the party involved must be completely blameless in the accident. It should be kept in mind that the amount of depreciation and damages to be claimed will vary according to the degree of fault. The blameless party in the accident can claim compensation for the depreciation by obtaining an expert report and filing a lawsuit against the at-fault party or applying to the Insurance Arbitration Commission.
WHO COMPENSATES FOR VEHICLE DEPRECIATION AND HOW IS IT CLAIMED?
First, let's look at the conditions for a vehicle depreciation claim;
We should know that there are certain conditions for collecting the depreciation in value that occurred after an accident involving the motor vehicle in question. When we examine the conditions for this situation, which we can also call a vehicle depreciation claim, we see that the party at fault in the accident should not be the party claiming the depreciation, and the accident must have occurred between two motor vehicles. In addition, the accident must have been recorded in a report at the scene immediately after it happened, the claim must be made before the two-year statute of limitations expires, the vehicle involved in the accident must have more than 125,000 kilometers on the odometer, the vehicle must not be older than 10 years, and if the other party involved in the accident has traffic insurance, the depreciation must be paid by that insurance; otherwise, it must be paid by that party. If we examine in more detail who pays for vehicle depreciation, it is true that the traffic insurance of the party at fault in the traffic accident is obligated to compensate for the other party's vehicle depreciation. Therefore, the information that traffic insurance covers vehicle depreciation is correct. However, if the vehicle's comprehensive insurance policy includes a clause regarding this, the insurance company can cover the depreciation according to that clause. But if there is no such clause, the comprehensive insurance has no obligation to cover the other party's depreciation. The party at fault is responsible for the depreciation of their own vehicle through their own comprehensive insurance.
HOW TO APPLY FOR VEHICLE DEPRECIATION COMPENSATION?
To compensate for the depreciation of a motor vehicle involved in a traffic accident, and to minimize the depreciation of the vehicle, an application for vehicle depreciation compensation must be made by the vehicle owner. For this application, the accident and the fault assessment stated in the traffic accident report must be examined. This report is an important and necessary document in any case. In addition, an expert report obtained in accordance with the relevant procedures and principles, as well as invoices for maintenance and repair work, the TRAMER (Traffic Accident Reporting System) record, and the vehicle registration certificate, can be submitted to the other party's traffic insurance company. In this case, the fault assessments of the vehicle are examined, and the depreciation in value is calculated taking into account the faults of both parties. If the other party's insurance company refuses to cover the depreciation costs after this application, and if that insurance company is a member of the Insurance Arbitration Commission, an application should be made to the Insurance Arbitration Commission or to the competent courts. If the other party's insurance company is not a member of the Insurance Arbitration Commission, an application should be made directly to the competent courts. In this case, the competent courts are the Civil Courts of First Instance and the Commercial Courts of First Instance. These courts are the competent courts for such situations. The statute of limitations for filing an application is 2 years, and lawsuits can be filed within this 2-year period. If the other party does not have insurance, a lawsuit can be filed directly against the other party to claim compensation for the vehicle's depreciation in value.
In short,
for a vehicle depreciation claim, in a traffic accident between two parties, the party claiming compensation must be blameless and can apply to the insurance company of the party at fault.
If the not-at-fault party's vehicle has not previously suffered a depreciation in value, and the damaged vehicle part has not been repaired or modified before the accident, the insurance company of the party at fault is obligated to cover the vehicle's depreciation. However, if the company rejects the application, the claim for compensation for the depreciation in value and other damages can be filed with the Insurance Arbitration Board (provided the company is a member of the commission) or, regardless of whether the company is a member of the commission, directly with the Civil Court of First Instance or the Commercial Court of First Instance.
(HÜSEYİN DOĞAN)