Even if the damaged vehicle was repaired and restored as a result of traffic accidents, TRAMER records show the damage history of the vehicle by questioning which can be done by everyone. It can be defined as damage that lost the originality of the car after the accident. The difference between the undamaged market value of the vehicle before the accident and the repaired value after the accident arises.
A traffic accident occurred; in cases where the defect is not entirely owned by the driver or if the driver is impeccable, the loss of value in the vehicle is attributed to the owner of the vehicle by selling the vehicle at a lower price than the market value. However, this damage can be compensated under certain conditions from the insurance policy of the counterparty who is involved in the accident and is defective.
The vehicle ̧ loss of value case must be filed within 2 (two) years from the date of the accident case learned or occurred. However, in 10 (ten) years from the date of the accident (in case of not learning the damage or accident), the vehicle will be time-out if there is no lawsuit for loss of value.
According to the case law of the Supreme Court; The loss of value in the vehicle is a loss that must be paid under the traffic insurance policy.
4. THE LAW OF THE COURT E. In the decision no. 2001/12342, K. 2002/3124, T. 18.3.2002:
“…The case is a compensation claim arising from a traffic accident and it is adopted by the court based on the expert report that there will be no depreciation of the plaintiff’s vehicle. Once the vehicle has been repaired, it must be accepted that the exchange value will be less than the exchange value before the case. Because even if it has been completely repaired, this car bears traces of destruction. Its repaired value is, as a rule, less than the value of any undamaged vehicle, no matter how well it is repaired, which makes it lose its current value…
The case is a request for compensation arising from a traffic accident and it is adopted by the court that there will be no depreciation of the plaintiff’s vehicle based on the expert report… However, if the value of the plaintiff’s assets after the incident is less than the value in the case that the damaging case does not occur, there is a loss. In fact, if something is destroyed or damaged, the objective value should be taken as a rule to determine objective damage.This is the exchange value… ”
Damage to the vehicle as a result of a traffic accident is an unjust act and it is possible to claim compensation under the provisions of the Code of Obligations.
According to Article 49 of the Code of Obligations,
” It is obliged to eliminate the damage which causes harm to another by a defective and unlawful act. ”
According to Article 51 of the same law,
“The judge shall determine the scope and manner of payment of compensation, taking into account the necessity of the situation and in particular the severity of the defect.”
Within this framework, the judge will request an expert report to determine the damage and defect rates from the expert in the case and establish a provision within this framework. For this reason, it is possible to increase your demand by opening your case over a certain amount and correcting it as a result of the amount determined within the framework of the expert report.
If the driver and the licensee are different, you can file a claim for compensation or forward your claim to both. Joint responsibility will come into play here.
According to Article 61 of the Code of Obligations,
“ If more than one person together causes a loss or is responsible for the same damage for various reasons, the provisions regarding joint liability shall apply to them. “
The content of the insurance policy is important as to whether to file a lawsuit against the insurance company of the other party. In most insurance policies, the loss of value of the vehicle is not covered by the policy, so it is important that you file a lawsuit against the driver or license holder in order to reject your case for hostility. Because under the policy, the loss of value of the vehicle, in this case, the insurance company to direct your request, of course in terms of the insurance company’s solvency will be in favor.
However, insurance companies refuse to pay for the loss of vehicle value, despite many precedent decisions and insurance specifications, or offer to pay far less than the actual loss.
As mentioned above, if you suffer a material damage as a result of a traffic accident, you can claim a loss of value and other costs with the insurance company, the driver or the owner of the license.