Vehicle Value Loss Compensation: Recovering Market Value Drop

After a traffic accident in Turkey, even if your vehicle is repaired perfectly with original parts, its “TRAMER” (Accident) record will show a damage history. In the second-hand market, a car with an accident record sells for significantly less than an accident-free one. This financial difference is called “Vehicle Value Loss” (Araç Değer Kaybı), and you have the legally protected right to claim it.

1. Conditions to Claim Value Loss

To claim this compensation from the at-fault driver’s Traffic Insurance (ZMSS), the following conditions generally apply:

• Not 100% At Fault: You must not be completely at fault in the accident. You can claim in proportion to the other party’s fault (e.g., if they are 75% at fault, you get 75% of the value loss).
• Statute of Limitations: The claim must be made within 2 years of the accident.
• Damage Nature: The damaged parts must not have been previously repaired/changed due to a prior accident. Mini-repairs or plastic bumper parts are strictly regulated and sometimes excluded.

2. How is it Calculated?

There is no fixed amount. It depends on:

• Vehicle Market Value
• Mileage (km)
• Damage History
• Nature of the damage (welding vs. screw-on parts)

An Expert Report (Ekspertiz Raporu) is essential to calculate the exact figure scientifically regardless of insurance company offers.

3. Application Process

1. Application to Insurance: First, you must apply in writing to the at-fault party’s insurance company. They have 15 days to reply.
2. Insurance Arbitration: If they reject or pay too little (which is common), the most effective path is applying to the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu). This is faster and cheaper than court litigation.
3. Litigation: Alternatively, a lawsuit can be filed in Commercial Courts, but Arbitration is preferred for speed (4-6 months).

Expert Legal Support: We handle the entire process from obtaining the expert report to litigating at the Arbitration Commission to ensure you get the full value loss, not just the minimum offer.

Professional Legal Support

Contact us for professional legal assistance on this matter.

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📧 Email: info@avukatfevziyaskir.com

📍 Address: Opposite the Courthouse, Karatay/Konya, Turkey

⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.