Ankara --:-- · —
bilgi@utuhukuk.com
0536 593 16 00
UTU Hukuk ve Danışmanlık10 min readUpdate:
Compensation for diminution in value of a vehicle, is intended to cover the reduction in the second-hand market value of a vehicle repaired after a traffic accident. Although repairs carried out after a traffic accident make the vehicle usable again, they do not always restore its value on the second-hand market to its former level. This reduction, arising from the accident and repair history, may be compensated separately where the conditions are met. In this article, we examine how vehicle diminution in value is determined, from whom it may be claimed and what matters should be taken into account in the application process.
The cost of repair covers the parts and labour required to repair the vehicle damaged in the accident. Diminution in value, by contrast, concerns the economic loss remaining in the vehicle after repair. The fact that the vehicle has been properly repaired does not mean that the diminution in value has also been remedied.
Cost of repair
Parts and labour required to repair the vehicle.
Diminution in value
The economic loss remaining in the vehicle after repair.
Dikkat
That said, it cannot be accepted that every instance of damage necessarily gives rise to diminution in value; the reduction in market value must be specifically determined.
In the calculation, the second-hand value of the vehicle immediately before the accident is compared with the value of its repaired condition. This comparison is made on the basis of the same date and market conditions. Make, model, age, mileage, previous damage and the work carried out after the new accident are examined together.
Applying the ratio is not enough
Simply applying a fixed percentage to the amount on the service invoice does not produce the correct result for every vehicle.
The claimant need not be less at fault than the other party. Both parties may be at fault in the accident; in that case, the effect of fault on the amount of compensation is assessed. For example, where the driver of the damaged vehicle is found 75 per cent at fault and the other party 25 per cent at fault, the 25 per cent portion of the determined diminution in value attributable to the other party may be claimed.
Where the claimant’s own driver is responsible for the entire accident and no legal liability can be attributed to the other party, however, no payment can be claimed from the other party’s traffic insurance.
The fact that the vehicle has previously been involved in an accident does not automatically eliminate all claims for diminution in value relating to a subsequent accident. The location of the previous damage and the manner of repair are examined to determine whether the new accident has caused a further reduction in value. The fact that work has previously been carried out on the same part is also an element of this technical assessment.
Situations not covered
Claims for diminution in value of vehicles withdrawn from traffic or scrapped due to damage are excluded from cover under the general conditions of traffic insurance. The total loss amount and diminution in value of a repaired vehicle should not be confused.
For foreign-registered vehicles, the applicable law, the scope of insurance and the market conditions of the relevant country are examined separately.
The loss relating to the period during which the vehicle is under repair or cannot be used is covered separately in our article on replacement vehicle cost .
Compulsory motor third-party liability insurance secures the liability towards third parties arising from the operation of the insured vehicle and falling within the scope of cover. In this context, diminution in value may be claimed from the liable vehicle’s traffic insurer . In determining the amount to be paid by the insurer, liability for the accident, the actual loss and the applicable cover limits are taken into account together.
Comprehensive motor (casco) insurance
The fact that the damaged vehicle has comprehensive insurance does not mean that diminution in value can be recovered from one’s own comprehensive insurer in every case. For such a payment claim, the cover and special conditions of the comprehensive insurance policy must be examined.
A claim for diminution in value may also be brought against the driver at fault and against the operator where the statutory conditions of liability are met. The vehicle owner usually has the capacity of operator; however, in relationships such as long-term leasing, this capacity is examined separately. Where more than one person is liable for the same loss, the provisions on joint and several liability may apply. The injured party cannot collect the same loss more than once; payments made are reflected in the calculation of the remaining debt.
For accidents occurring between 1 January 2026 and 31 December 2026, the property damage cover limits of compulsory traffic insurance are as follows:
Compulsory traffic insurance property damage cover (2026 limit)
| Property damage cover | 2026 limit |
|---|---|
| Per vehicle | 400.000 TL |
| Per accident | 800.000 TL |
The cost of repair and diminution in value share the same property damage cover; there is no separate TRY 400,000 limit for each. The 2026 limit does not apply to an earlier accident merely because the application is made in 2026. The relevant date is the date on which the accident occurred.
For example, in an accident in which the other party is entirely at fault, suppose the insurer has paid TRY 350,000 for repairs and diminution in value of TRY 80,000 has been determined for the same vehicle. TRY 50,000 remains of the TRY 400,000 per-vehicle limit. If the per-accident limit also permits, the insurer may cover this much of the diminution in value; TRY 30,000 remains as uncovered loss.
Exhaustion of the limit does not extinguish the remaining loss. This portion may be claimed from the liable driver and operator. In addition, it is assessed whether any voluntary liability insurance covers the loss exceeding the limit under the terms of the policy.
Under Article 97 of the Highway Traffic Law, a written application must be made to the traffic insurer before resorting to litigation or arbitration against it. The accident report, registration details, photographs, repair documents and existing expert reports enable the application to be assessed. A record showing that the application reached the company should also be kept.
Amendment to the general conditions · 1 July 2026
The amendment to the general conditions that entered into force on 1 July 2026 provides, for the policies to which it applies, that an application for vehicle damage also covers diminution in value. The expert appointed for the damage is expected to assess diminution in value in their report as well. The application of the new provision in a specific case must be determined having regard to the date of issue of the policy and the transitional rules. It should be checked whether the application and payment documents contain an assessment of diminution in value.
If the insurance company fails to meet the claim in whole or in part, or does not respond in writing within 15 days of the application, an application may be made to the Insurance Arbitration Commission or an action may be brought, subject to the applicable conditions. For traffic insurance, this period is 15 days, not 15 business days. The same claim against the insurer cannot be pursued simultaneously before the court and the Insurance Arbitration Commission.
Where litigation is chosen, in a commercial compensation action against the insurer the precondition to litigation of arabuluculuk must also be completed. A written application to the insurer and mediation are different procedures. No prior mediation is required to apply to insurance arbitration. The competent court and the conditions of application are determined according to the persons against whom the claim is directed and the nature of the dispute.
Under Article 109 of the Highway Traffic Law, the rule for claims for material damages is a limitation period of two years from learning of the damage and the person liable for compensation, and in any event ten years from the date of the accident. If the claim arises from an act for which the criminal law prescribes a longer limitation period, that longer period also applies to claims for material damages.
Two years
From learning of the damage and the person liable for compensation.
Ten years
In any event, from the date of the accident.
Dikkat
It is therefore not correct to reach a conclusion in every case simply by adding two years to the accident date.
The report and footage showing how the accident occurred, photographs showing the extent of the damage, service records and information on previous damage should be preserved together. Payments made by the insurer and correspondence between the parties are also important in determining the remaining claim. Incomplete or contradictory records may require the fault and loss calculations to be re-examined.
Kaza ve hasar
Application and payment
Related page: Traffic Accident Lawyer in Ankara — diminution in value, replacement vehicle, and compensation for accidents involving injury and death
Related page: Flood Damage Compensation Lawyer — comprehensive insurance claims for flood-damaged vehicles and compensation from the administration
Related legislation: Highway Traffic Law No. 2918 (mevzuat.gov.tr)
Although repairs carried out after a traffic accident make the vehicle usable again, they do not always restore its value on the second-hand market to its former level. This reduction, arising from the accident and repair history, may be compensated separately where the conditions are met.
Hesaplamada, aracın kazadan hemen önceki ikinci el değeri ile onarılmış durumunun değeri aynı tarih ve piyasa koşulları esas alınarak karşılaştırılır. Marka, model, yaş, kilometre, önceki hasarlar ve yeni kazada yapılan işlemler birlikte incelenir. Yalnızca servis faturasındaki tutara belirli bir oran uygulamak, her araç için doğru sonuca ulaştırmaz.
Talep sahibinin karşı taraftan daha az kusurlu olması zorunlu değildir. Örneğin zarar gören araç sürücüsünün yüzde 75, karşı tarafın yüzde 25 kusurlu olduğu kabul edildiğinde, belirlenen değer kaybının karşı tarafa düşen yüzde 25’lik kısmı talep edilebilir. Kazanın tamamından kendi sürücüsünün sorumlu olduğu durumda ise karşı tarafın trafik sigortasından ödeme istenemez.
Değer kaybı, sorumlu aracın trafik sigortacısından istenebilir. Değer kaybı için kusurlu sürücüye ve kanundaki sorumluluk koşulları oluşan işletene de başvurulabilir. Zarar gören, aynı kaybı birden fazla kez tahsil edemez.
The fact that the damaged vehicle has comprehensive insurance does not mean that diminution in value can be recovered from one’s own comprehensive insurer in every case. For such a payment claim, the cover and special conditions of the comprehensive insurance policy must be examined.
1 Ocak 2026 ile 31 Aralık 2026 arasında meydana gelen kazalar için maddi zarar teminatı araç başına 400.000 TL, kaza başına 800.000 TL’dir. Onarım gideri ve değer kaybı aynı maddi zarar teminatını paylaşır. Limitin dolması, kalan zararı ortadan kaldırmaz; bu kısım sorumlu sürücü ve işletene yöneltilebilir.
Sigorta şirketi talebi tamamen veya kısmen karşılamazsa ya da başvurudan itibaren 15 gün içinde yazılı yanıt vermezse, koşulları çerçevesinde Sigorta Tahkim Komisyonuna başvurulabilir veya dava açılabilir. Dava yolunda dava şartı arabuluculuk tamamlanmalıdır; sigorta tahkimine başvuru için ise önceden arabuluculuğa gidilmesi gerekmez.
Claims for diminution in value of vehicles withdrawn from traffic or scrapped due to damage are excluded from cover under the general conditions of traffic insurance. The total loss amount and diminution in value of a repaired vehicle should not be confused.
Karayolları Trafik Kanunu’nun 109. maddesine göre maddi tazminat taleplerinde kural, zararın ve tazminat sorumlusunun öğrenilmesinden itibaren iki yıllık; her hâlde kaza tarihinden itibaren on yıllık zamanaşımıdır. Talep, ceza kanununun daha uzun zamanaşımı öngördüğü bir fiilden doğuyorsa bu uzun süre uygulanır.
Consultation request
As UTU Hukuk, we provide legal advisory and representation services on vehicle diminution in value and compensation for material damage arising from traffic accidents. We provide legal support tailored to the circumstances of each case in applications to insurance companies, Insurance Arbitration Commission proceedings, mediation and diminution in value actions.
Fill in the form and we will call you. You can also contact us directly: