Trafik kazaları, günümüzde sıkça meydana gelen, maddi veya bedeni zararlara sebebiyet veren durumlardır. İstatistiki verilere göre meydana gelen kazaların %90’a yakını maddi zararlara sebep olmaktadır. Maddi hasara sebep olan trafik kazalarında, taraflar kendi aralarında kaza tespit tutanağı düzenleyebilmektedirler. Söz konusu kaza tespit tutanağının düzenlenmesi hususunda, tarafların anlaşmazlığa düştüğü hallerde, trafik polisi çağrılarak yardım alınabilmektedir. Maddi hasar meydana gelmiş olan trafik kazalarında kaza tespit tutanağının düzenlenmemiş olması, meydana gelen hasarın onarımı kapsamında zorunlu trafik sigortasından yahut ihtiyari sigortadan talepte bulunulması yahut aracın perte çıkmasının sağlanmasını güçleştirebilmektedir. Burada kısaca “zorunlu trafik sigortası” ve “ihtiyari sigorta (kasko)” kavramlarını açıklamak gerekirse:
compulsory motor insurance, is insurance that is compulsory for every vehicle owner and covers bodily and material damage that may be caused to the other party in the event of an accident. It is forbidden for vehicles without compulsory motor third-party liability insurance to be driven on the road.
Comprehensive car insurance, ensures the coverage of damages to the policyholder's vehicle. It is taken out to ensure compensation is paid to the insured in the event of any motor land vehicle suffering damage, catching fire, being stolen, etc., against the will of the insured.
Comprehensive insurance covers the damage to the insured's own vehicle, not the damage to the other vehicle.
In traffic accidents causing material damage, claims arising from the damage incurred are in the nature of compensation for damages arising from a tort within the scope of the Law of Obligations. In practice, damages resulting from accidents are covered by insurance companies. However, sometimes, apart from the damage incurred, losses in the resale value may occur due to the vehicle having to undergo repairs. In this context, although essentially no loss in value occurs within the scope of use as a result of the damaged parts of the vehicle being replaced with original ones, there is a decrease in the vehicle owner's assets after the accident compared to before it.
The reason for this is that, as a rule, even if the vehicle is fully repaired, its value in the repaired state will be lower than that of an undamaged vehicle of the same quality, no matter how well repaired, because it will bear the traces of said repair. In this context, although the objective damage of the individual who suffered damage as a result of a tort is prevented by having their vehicle repaired, there will be a decrease in the current market value of the vehicle. The decrease occurring in the current value of the vehicle following the accident is referred to in practice as “vehicle depreciation” is characterised as.
In material damage traffic accidents where vehicle depreciation is at issue, for the aggrieved vehicle owner to be able to make a claim in this regard, it is primarily required, due to the nature of the damage, that the other party is at fault in the accident and that there is a depreciation in the value of the vehicle. In this context, the replacement or repair resulting from an accident of a part that was already changed as a result of a previous accident will not cause depreciation in the vehicle. Accordingly, for vehicle depreciation to be possible, the part that was damaged and repaired as a result of the accident must not have been subjected to repair previously.
Within the scope of the claim for vehicle depreciation, differences may arise as to whether said claim is directed at compulsory traffic insurance or voluntary insurance. Whilst vehicle depreciation is within the scope of compulsory traffic insurance coverage, voluntary insurance (comprehensive motor insurance) generally does not cover depreciation or offers it as additional cover. In this context, where the claim is directed at voluntary insurance, depending on the specific circumstances of the case, it is either rejected by the insurance company or accepted in cases where additional cover has been obtained or it is deemed to be within the scope of cover. Conversely, in an accident caused predominantly by the fault of the other party, the resulting depreciation is covered by the other party's compulsory traffic insurance. Accordingly, following an accident, a person whose vehicle has suffered depreciation must carry out an assessment of the depreciation. Subsequently, with a report explaining the depreciation that has occurred in the vehicle, compensation for the said damage may be claimed from the insurance company by preparing a letter.
Authorisation
In the event of a dispute arising from a claim made to the insurance company, pursuant to the provision published in the Official Gazette dated 14 May 2015 and entering into force on 01 June 2015, ’Lawsuits relating to legal liability arising from motor vehicle accidents may be brought before one of the courts of the place where the head office or branch of the insurer or the agency that made the insurance contract is located, as well as the court of the place where the accident occurred or the court of the place of residence of the injured party. Applications may also be made to the Insurance Arbitration Commission for the resolution of the dispute.“
Limitation period
If legal proceedings are chosen, the lawsuit “vehicle depreciation compensation lawsuit” will be in the nature of. The lawsuit, starting from the date the accident was learned 2 years, presumably 10 years if it is not filed within the period, it will become time-barred.