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What is a Vehicle Loss of Value Case?

Av. Arb. Hilal PENBEGÜL
October 11, 2024
General Law  ·  Consumer Law

A vehicle value loss lawsuit is a type of lawsuit filed to compensate for the difference between the market value of a vehicle damaged after a traffic accident and the market value after the accident. A vehicle being involved in an accident can cause a decrease in its second-hand market value, even if it is repaired. This loss of value must be compensated by the at-fault party’s insurance company or directly by the at-fault party.

Vehicle value loss is usually calculated based on factors such as the vehicle’s age, mileage, damage history, and the vehicle’s condition at the time of the accident. This lawsuit is filed to compensate accident victims for their material losses other than the repair costs of their vehicles.

“Justice can only arise from truth, happiness can only arise from justice.”
EMİLE ZOLA

How to File a Vehicle Loss of Value Case?

A person who wants to file a vehicle loss of value claim should follow these steps:

  • Documentation of the Accident: First of all, documents such as the traffic accident report, vehicle expert report and repair invoices must be obtained. These documents are important in terms of documenting the accident and damage.
  • Applying to the Insurance Company: In cases where the person who caused the accident is covered by compulsory traffic insurance, the other party’s insurance company should be contacted first. If the insurance company rejects the application or offers an inadequate compensation offer, a lawsuit may be filed.
  • Expert Appraisal Report: An expert report must be prepared to accurately determine the vehicle value loss. This report is among the evidence to be presented to the court.
  • Preparation of the Petition: A vehicle depreciation lawsuit petition is prepared to be submitted to the competent court. The petition must clearly state how the accident occurred, the fault status, the amount of damages and the amount of compensation requested.
  • Submission of the Case to the Court: The case is filed by submitting the petition and the necessary documents to the court.
Araç değer kaybı davası örnek resim.

Which Court Hears Vehicle Loss of Value Cases?

Vehicle value loss cases are generally filed in the Civil Court of First Instance or the Commercial Court of First Instance located in the place where the accident occurred or where the injured party resides. If the case is filed against the insurance company or if there is a commercial relationship between the parties, the Commercial Court of First Instance has jurisdiction.

How Much Are Vehicle Loss of Value Lawyer Fees?

Attorney fees for vehicle depreciation cases are determined in accordance with the minimum fee schedule set by the Union of Turkish Bar Associations. Fees may vary depending on the size of the case, the experience of the attorney, and the difficulty of the case. Attorney fees are generally as follows:

  • Fee According to Case Value: An attorney’s fee may be requested depending on the amount of loss of value compensation in question. For example, for a loss of value claim of 50,000 TL, the attorney’s fee may be between 16% and 20%.
  • Fixed Fee: Some attorneys charge a flat fee for filing a lawsuit.
  • Success Fee: Lawyers may sometimes charge a share of the compensation won as a result of a case, called a success fee.

These fees are on average the same level in places like Çorlu, but the experience of the lawyer and the fees of the office may vary.

How Long Does a Vehicle Loss of Value Case Take?

The duration of vehicle value loss cases may vary depending on the workload of the courts, the time it takes to collect evidence, and the objections of the other party. In general, a case can last from 6 months to 1.5 years. However, in some cases, the process can be completed faster if the parties agree to a settlement.

What is the Limitation Period for Vehicle Diminished Value?

The statute of limitations for a vehicle loss of value lawsuit is determined as 2 years according to the Turkish Code of Obligations. This period starts from the date of the accident. However, if the person at fault for causing the accident is determined later, the general statute of limitations period of 10 years is applied to this period.

Vehicle Value Loss Cases and Legal Support in Çorlu

For those who want to get legal help in vehicle value loss cases in Çorlu and Tekirdağ, it is very important to work with an expert lawyer. Penbegül Law Firm is an office that specializes in vehicle value loss, insurance law and traffic accident compensation cases in legal processes in Çorlu.

In order to eliminate the grievances that occur after traffic accidents, it is necessary to take timely and correct steps. In this process, before filing a vehicle value loss case, meeting with your lawyer and getting detailed information will speed up the course of the case and enable you to defend your right to compensation in the best way.

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