How to Claim Vehicle Value-Loss Compensation in Turkey: Conditions and Procedure
A vehicle owner who is not at fault or only slightly at fault in an accident may claim value-loss compensation from the other party's traffic insurance. The claim is filed with the insurer; if it is not paid within 15 days, the Insurance Arbitration Commission route becomes available.
Even if your vehicle is repaired after an accident, a "damage record" mark remains in the used-vehicle market; your vehicle will now find a buyer only at a lower price. This difference — value loss — can be claimed from the at-fault party's traffic insurance.
Who Can Claim Value-Loss Compensation?
- Vehicle owners who are not at fault or only slightly at fault in the accident (a deduction is made in proportion to fault)
- Including those who have sold the vehicle after the accident (the sale does not extinguish the right to claim)
- Owners of commercial vehicles, including rent-a-car and fleet vehicles
The Application Process, Step by Step
- Gather the documents: Accident report, damage photographs, repair invoice, expert appraisal report, vehicle registration.
- File a written application with the insurer: An application to the other party's Compulsory Traffic Insurance (ZMSS) is mandatory. The company must make payment within 15 days.
- Insurance Arbitration Commission: If payment is not made, or is made incompletely, an application is filed with the Arbitration Commission. The process is conducted on the file and concludes on average within 4-8 months.
- Alternative — litigation: Instead of arbitration, a lawsuit may also be filed at the commercial court of first instance; however, arbitration is generally faster and more economical.
How Is Value Loss Calculated?
Under current legislation, value loss is calculated by an independent expert report, taking into account the vehicle's market value, mileage, damage history, and the nature of the damage. As a rough guide: in an accident with moderate damage, the value loss often falls within the range of 5-15% of the vehicle's market value.
| Factor | Increases value loss | Decreases value loss |
|---|---|---|
| Vehicle age | New vehicle | Older vehicle |
| Mileage | Low mileage | High mileage |
| Damage area | Chassis/frame | Parts that were removed and reinstalled |
| Damage history | First-time damage | Prior record in the same area |
What Else Can Be Claimed Besides Value Loss?
- Loss of use (substitute vehicle) compensation — for the duration of repairs
- Loss of earnings — for commercial vehicles
- Expert appraisal fees and repair cost differences
If these items fall outside the scope of ZMSS coverage, they are claimed directly from the at-fault driver through litigation.
Summary
If you are not at fault or only slightly at fault, apply to the other party's insurer with the supporting documents; if a satisfactory payment does not arrive within 15 days, go to the Insurance Arbitration Commission. Do not accept the initial offers without having an independent calculation made; the limitation period is, as a rule, 2 years.
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Frequently Asked Questions
This article has been prepared for general information purposes only and does not constitute legal advice. Legislation and case law may change; always consult a lawyer about your specific case.