2026 Vehicle Value Loss Calculation Conditions and Current Criteria

What is Vehicle Depreciation and Why is it Important?

Vehicle depreciation is the economic loss resulting from the decrease in the market value of a vehicle that has been in an accident and repaired, compared to its value before the accident. Completion of the repairs, the presence of actual damage, and the determination of the difference in market value by an expert are essential conditions for a lawsuit or compensation claim. This compensation aims to cover the decrease in the vehicle's actual value and is assessed within the framework of insurance liabilities and the provisions of the Turkish Code of Obligations (TBK).

Issue: What Can Be Claimed, What Conditions Are Required?

• Legal basis: The provisions of the Turkish Code of Obligations No. 6098 (related to torts) and the Traffic Law (KTK) and the additional application principles of KZMMS are considered.
• Mandatory conditions: Actual damage, completion of the repairs, the repaired part being undamaged before the accident, and the determination of the decrease in market value by a specialist.
• Effect of fault: Claims are discounted according to the degree of fault; in cases where the other party is not completely at fault, the court will apply a discount based on the fault ratio.
• Mini repairs and km limit: Previous approaches regarding the 165,000 km upper limit and exclusion of certain “mini repairs” have changed under the decisions of the Constitutional Court (AYM); the current practice is now based on the principles of actual damage determination as per TBK.

Applicable Legislation and Periods in 2026

• TBK (6098) and tort provisions: Vehicle depreciation claims are evaluated under TBK.
• KTK Article 97: Relates to obligations and notification periods regarding insurance applications; there are conditions for notifying the insurance following the accident.
• KTK Article 109/1 (Statute of Limitations): A 2-year statute of limitations after learning about the damage and the at-fault party; in any case, a 10-year absolute statute of limitations applies from the date of the accident.
• AYM Jurisprudence: The Constitutional Court’s decision dated October 9, 2020 recognized that old static calculation formulas and certain restrictions need to be re-evaluated; the calculation is now based on the principle of market value difference. For detailed AYM decisions, the Constitutional Court decision database can be consulted.

For a sample of official legislation, the regulations published in the Official Gazette (29355) and for AYM decisions, the Constitutional Court decision database can be examined.

Vehicle Depreciation Claim Process: Step by Step

• 1. Notification after the accident: A written application should be made to the insurance company with the accident report, repair documents, and expert report. (Generally, notification is recommended within 15 days.)
• 2. Expert evaluation and repair: The determination of the market value and damage report is prepared by an independent or insurance expert. It is a condition that the repairs have been completed.
• 3. Insurance response: The insurance company responds to the request; in case of rejection or an insufficient offer, notification, objection, or legal action can be initiated.
• 4. Filing a lawsuit: The claim is followed through the peace or civil courts; the court appoints an expert and determines the final compensation.
• 5. Collection: The amount finalized by court decision or an agreement through settlement is collected from the insurer; the decision can be enforced.

Calculation: Current Approach and Formulas

The main calculation approach is now based on the principle of market value difference instead of a single fixed formula applicable to all conditions. The commonly used structure in practice is as follows:

• Base Value Loss = Market Value x 1.9% (This is a frequently used initial coefficient in practice).
• Total Value Loss = Base Value Loss x Damage Coefficient x Km Coefficient (Damage and kilometer coefficients are determined by expert tables based on the nature of the damage and the mileage of the vehicle.)

Example (explanatory — not a precise calculation): For a vehicle with a market value of 600,000 TL

• Base = 600,000 x 0.019 = 11,400 TL
• If the damage coefficient determined by the expert is 2.5 and the km coefficient is 1.2: Total ≈ 11,400 x 2.5 x 1.2 = 34,200 TL

Note: Damage and kilometer coefficients change according to the court/expert discretion. Some application bases have been updated after the AYM decisions; therefore, the exact amount is fixed by the expert report.

Costs, Fees, and Expert Fees (Information)

Court fees, expert fees, and other expenses vary according to the annual revaluation rate. According to research data, relative lawsuit fees and expert fees can reach high amounts; for instance, in previous years, relative fee rates and expert fees varied according to the lawsuit amount. However, it is mandatory to verify the exact fees, charges, and revaluation rates applicable for the year 2026 from relevant official sources.

Practical note: Evaluating estimated costs and expectations with a lawyer before filing a lawsuit facilitates cost/benefit analysis.

Common Legal Disputes

• Previously Damaged Parts: It is important to prove that the repaired part was undamaged prior to the accident.
• Second Damage: If there has been a prior repair of the same part, a subsequent claim for depreciation may be limited.
• Allocation of Fault: The degree of fault in lawsuits directly affects the amount of compensation.
• Commercial Vehicle Distinction: In some cases, practices like non-claiming depreciation for commercial vehicles come into play; case-specific evaluation is necessary.

How Do We Assist as Korkmaz Law Office?

Korkmaz Law Office provides comprehensive services in vehicle depreciation lawsuits based in Izmir. Our services include the following:

• Selection of experts and guidance for independent evaluations,
• Preparation of written and procedural notifications to insurers,
• Pre-litigation evidence collection, strategic consulting on the nature and presentation of evidence,
• Litigation follow-up, legal evaluation of expert reports, and court defense,
• Management of enforcement and collection processes of the decision.

In these processes, the correct documentation (accident report, photos/videos, repair invoices, expert report) is crucial for the compensation to result in your favor. As details and court discretion are important in legal practice, professional support facilitates obtaining the compensation you are entitled to.

Practical Suggestions — Step by Step

• Document the moment of the accident and the overall condition of the vehicle with photos and videos.
• Obtain an independent evaluation before the repair or during the repair process.
• Make your insurance application in writing; if necessary, notify them with a notarized warning.
• Keep repair invoices, parts replacement records, and service reports.
• Pay attention to statute of limitations — use your legal remedies within 2 years from the date you learned about the damage and the at-fault party.

Conclusion

Vehicle depreciation claims ensure that the decrease in market value resulting from technical expertise is compensated through legal means. The 2026 practice; in line with AYM decisions and TBK principles, is based on actual damage determination rather than a fixed "formula." Proper management of the process, complete presentation of evidence, and effective use of expert reports significantly influence the outcome.

Warning / Disclaimer: This article is for general legal information purposes and does not substitute for personalized legal advice. The calculation examples and fee information in the article are for informational purposes; official sources should be consulted for the exact fees, charges, and coefficient information for the year 2026. For definitive and up-to-date legislation and fee information, please review relevant official sources or obtain professional legal support.