Vehicle Diminished Value Compensation in Material Damage...

In Turkey, when you are involved in a traffic accident that is not your fault, the opposing party’s insurance pays for your repairs. But is that enough? Even if your Mercedes is repaired perfectly, it now has a “Crash History” (Hasar Kaydı) in the TRAMER system, making it worth 10-20% less on the second-hand market. This loss is called “Vehicle Diminished Value” (Araç Değer Kaybı).

[!NOTE] 💡 Cultural Context: The “TRAMER” Obstacle

Turkish second-hand car buyers are obsessed with “Originality.” A simple painted fender can drop a car’s price by thousands of dollars. The TRAMER system records every insurance claim. You have a legal right to demand this invisible loss from the at-fault driver’s insurance, but they will never pay it voluntarily. You must demand it.

1. Conditions to Claim Diminished Value

You cannot claim this for every scratch. The following strict conditions apply:

1. Not 100% At Fault: You must be innocent or partially innocent. You cannot claim from your own insurance if you caused the crash (unless you have specific Kasko clauses).
2. Statute of Limitations: You must apply within 2 years of the accident.
3. Repairable Damage: The car must be repaired. If it is a “Total Loss” (Pert), you get the market value anyway, so diminished value doesn’t apply.
4. No Previous Damage: The specific part (e.g., left door) must not have been damaged/painted in a previous accident.

2. How is it Calculated?

It is not a random guess. It is a mathematical formula determined by the “General Conditions of Compulsory Traffic Insurance.”

• Factors: Mileage (km), Vehicle Age, Market Value, Severity of Damage.
• The Limit: Cars with extremely high mileage (e.g., over 165,000 km) used to be excluded, but recent Constitutional Court rulings have expanded rights. Always consult an expert.

3. The Application Process

DO NOT rush to court immediately.

1. Expert Report: We obtain a “Değer Kaybı Raporu” from a licensed insurance adjuster.
2. Direct Application: We demand payment from the Insurance Company via email/KEP. They have 15 days to reply.
3. Insurance Arbitration Commission (Tahkim): If they refuse or pay too little (which happens 90% of the time), we file a case with the Insurance Arbitration Commission. This is faster (4-6 months) than local courts.

⚖️ Legal Reference: Highway Traffic Law Art. 85 “The operator of a motor vehicle… is liable for the damages caused.” This includes the drop in market value.

Conclusion

Don’t leave money on the table. “Değer Kaybı” is your right. Insurance companies profit from your ignorance.

[!IMPORTANT] Need Expert Legal Help?

Attorney Fevzi Yaskir works with independent auto experts to calculate your exact loss and recovers it directly from the insurance company through the Arbitration Commission.

• 📞 Phone: +90 554 192 47 20
• 💬 WhatsApp: Chat with us
• 📧 Email: fevziyaskir@gmail.com