How to Collect Vehicle Devaluation After an Accident in İzmir?

How to Collect Vehicle Depreciation After an Accident in Izmir? — Comprehensive Guide

Even if your vehicle is repaired after a traffic accident, the decrease in market value (vehicle depreciation) can be claimed under material damage. This right can be collected if followed through proper steps, in a timely manner, and based on documentation. Below, we explain the process step-by-step, in accordance with legal sources, time limits, and procedural rules.

What is depreciation, and why is it claimed?

Vehicle depreciation is the difference between the market value of the vehicle before the accident and the value it could find a buyer after the accident (after repair). According to the Constitutional Court's case law and practice, the principle of actual damage is the basis for this calculation.

Legal Basis (Brief Summary)

Turkish Code of Obligations (TCO): Compensation for material damages (TCO article 49), statutes of limitations (article 72), and determination of the liable party (article 122).
Highway Traffic Law No. 2918 (HTL): Operator/insurance liability and mandatory prior application to insurance (articles 85, 91, 97, 109/1).
Civil Procedure Law (CPL): Regulations regarding the Insurance Arbitration Commission procedure (articles 424, 429).

Conditions Required to Make a Claim

Ownership: The right to claim depreciation belongs to the registered owner of the vehicle.
Fault Status: The claimant must not be 100% at fault in the accident; those who are fully at fault cannot claim depreciation.
Vehicle Status: The vehicle must not be a total loss (unsalvageable); generally, total loss vehicles do not have accepted depreciation claims.
Repair: The vehicle must have been repaired; the impact on market value post-repair is assessed.

Process: How Should You Proceed Step by Step?

1) Document the Accident

Accident report (police or gendarmerie report) and photographs related to the accident.
Before and after repair photographs of the vehicle, repair reports.
Expert report and vehicle damage assessment report.

2) Written Application to the Insurance Company (Mandatory Step Before Litigation)

According to HTL article 97, a written application must be made to the Compulsory Financial Liability insurance company before proceeding to litigation. The following documents are submitted with the application:

Accident report and damage assessment report
Photographs of vehicle damage
Expert report and repair invoices
Registration and photocopy of ID
Claim petition for depreciation (and power of attorney if applying through a lawyer)

The legal period for the insurance company to respond in writing to the application is generally 15 days. This response may include a rejection of the claim, partial acceptance, or an offer.

If a resolution with the insurance company cannot be achieved, there are two options: Application to the Insurance Arbitration Commission or direct litigation.

3) Insurance Arbitration Commission

If the insurance company's response is insufficient or a denial occurs, it is possible to apply to the Insurance Arbitration Commission. In arbitration applications, the procedural rules of the CPL (articles 424, 429) are applied. Arbitration can provide advantages in terms of time and cost; however, it requires caution regarding the enforcement of the decision and execution processes. Relevant decision summaries should be examined for examples of arbitration procedures and decisions.

For information regarding practices and case law related to insurance arbitration, a sample source is: Insurance Arbitration Commission Practices.

4) Application to Court (Commercial Court of First Instance)

If a resolution cannot be achieved, you have the right to file a lawsuit. The court responsible for depreciation claims is generally the commercial court of first instance (according to relevant provisions). If the defendant is the insurer in the accident, the lawsuit is filed against the insurance company.

In the lawsuit petition, you must present the claimed amount along with supporting documents and calculations to the court. During the court process, parties present evidence; expert examination and reports are decisive.

Statute of Limitations and Application Periods

Two-Year Short Limitation Period: A claim must be made within 2 years from the date the injured party learns about the damage and the liable party (TCO article 72, HTL article 109/1).
Ten-Year Long Limitation Period: In any case, the right is considered to be time-barred within 10 years from the date of the accident.

Example: In an accident on 02/02/2021, the injured party can claim depreciation until 02/02/2023.

How is Depreciation Calculated?

Calculation requires a combination of technical and market data. The general approach is as follows:

The market value before the accident (determined based on sales of the same model-year-km and similar equipment levels).
The market value after repair (determined based on repair documents, the vehicle's damage history, and expert assessment).
The difference between the two values constitutes the depreciation; this difference is calculated according to the principle of actual damage and supported by court/expert reports.

The Constitutional Court and Court of Cassation practices emphasize the need for expert and market sampling in calculations and avoiding purely table-based abstract methods.

Costs, Fees, and Expenses

The main cost items that may arise when filing a lawsuit are:

Court fees and expenses (calculated according to the amount in dispute based on the Court Fees Law).
Expert and assessment fees.
Attorney fees (determined according to the fee agreement or Power of Attorney fee schedule).

Note: Current rates for court fees and expert fees frequently change. It is important to check official sources of the Ministry of Justice or Treasury regulations for precise and up-to-date figures; Korkmaz Law Office transparently calculates the economic feasibility and expected expenses of your case.

Application and Court Jurisdiction Specifically in Izmir

In Izmir, vehicle depreciation cases are usually handled by commercial courts of first instance. Local practices and court precedents may vary; therefore, it is advantageous to work with a lawyer familiar with Izmir practices when preparing litigation strategy.

How Do We Assist at Korkmaz Law Office?

Assessment of the incident: Collection of all documents related to the accident and legal evaluation.
Expert guidance: Coordination with reliable experts and assessment institutions.
Written communication with insurance: Preparation and follow-up of the application to the insurance company as per HTL article 97.
Management of arbitration or litigation processes: Application to the Insurance Arbitration Commission or filing a lawsuit in commercial court and managing the process.
Cost-benefit analysis: Transparent clarification of the economic feasibility of the case and forecasting potential outcomes.

Korkmaz Law Office has practical experience in the fields of traffic, insurance, and compensation in Izmir. We provide consulting in collecting evidence, preparing expert reports, and developing legal arguments at every stage of the process.

Practical Tips

Be sure to photograph the vehicle after the accident (wide-angle and detailed photographs).
Keep repair invoices, part change documents, and service reports.
Have the originals of your registration and ID documents ready.
Make the insurance application in writing; if possible, send it via registered mail or registered electronic mail.
Pay attention to statute of limitations periods; act early to avoid losing your rights.

Conclusion

Vehicle depreciation claims are a legally protected right; however, for a successful claim, appropriate documentation, suitable expert reports, and procedural compliance are necessary. When the processes at commercial courts of first instance and the Insurance Arbitration Commission in Izmir are known, your rights can be followed up more effectively.

Professional support in the collection of evidence and calculation matters enhances the efficiency of the process. Korkmaz Law Office evaluates your case with its team proficient in Izmir practices and provides a roadmap.

If you would like to obtain detailed examples of practices and application processes, or wish for your case to be evaluated, you can consult the experts at Korkmaz Law Office. The following resources provide additional information about general practices and case law:

Disclaimer: This text is for general informational purposes and does not replace legal consulting specific to your concrete case. For current rates, details of practices, and legislative changes in processes, consult official sources and the opinion of a qualified lawyer.