My Compensation for Diminution in Value Was Underpaid, What Can I Do? | Izmir Lawyer | Attorney Gamze Gül Girgeç
The decrease in value of a vehicle following a traffic accident is among the recoverable damages, and this damage is generally covered by the mandatory liability insurance of the at-fault vehicle. However, in practice, the depreciation payments made by insurance companies are either insufficient or limited due to exceeding the coverage limit. This situation results in the insured not receiving full compensation for their actual loss.
Insurance companies' depreciation payments for insured vehicles are intended to cover the decrease in the vehicle's value after an accident. However, in most cases, insurance companies only cover the depreciation in value after the accident with the payments they make within the limits specified in the policy, and this payment does not fully reflect the actual depreciation of the vehicle. In such a case, the insured has the right to demand a higher payment on the grounds that the amount paid by the insurance company is insufficient.
If the depreciation payments made by insurance companies do not cover the actual damage to the vehicle, the insured can apply for a refund to cover the shortfall. While insurance companies generally use specific calculation methods when making payments, it is common for these calculations not to fully reflect the actual damage suffered by the vehicle owner. In such cases of underpayment, the insured can apply to the insurance company for an additional payment for the remaining amount of the compensation paid.
What legal remedies are available if an underpayment has been made?
If the depreciation payment made by the insurance company as a result of the damage claim does not cover the actual damage, and this difference remains within the coverage limit, Application to the Insurance Arbitration Commission or By filing a lawsuit in the Commercial Court of First Instance The outstanding balance of the underpayment can be claimed. Arbitration is frequently preferred in practice, especially because it is a faster and less costly method of resolution.
What happens if the security deposit limit is exhausted?
Insurance companies make payments in accordance with the Highway Traffic Law and the General Terms and Conditions of Compulsory Financial Liability Insurance, within the coverage limits specified in the policy. If the defined coverage limit for the vehicle involved in the accident has already been exhausted due to other damages incurred in the same accident, the claim for diminished value will either not be covered at all by the insurance company or will be paid in a limited amount with insufficient coverage.
In this case, while the insurance company's liability for payment under the policy may be reduced due to exceeding the coverage limit, it does not eliminate the right to compensation for the injured vehicle owner. This is because, according to the provisions of the Turkish Code of Obligations regarding tort liability, the person who caused the damage (e.g., the negligent driver, vehicle operator) can be held personally liable for all damages not covered by insurance.
Can a lawsuit be filed for damages not covered by insurance?
Yes. If the insurance company's coverage limit is reached, the following damages will be covered against the persons directly at fault (driver or vehicle owner): remaining damages compensation It is possible to file a lawsuit for the following purpose:
- The outstanding depreciation balance that the insurance company failed to pay due to the coverage limit being reached.,
- The portion of the costs incurred for repairing damage to the vehicle that is not covered by insurance (underpaid repair cost),
- Damages arising from the loss of use of the vehicle due to its inability to be used while it is undergoing repair.,
- Loss of profit (gain) arising from situations where the vehicle is used for the purpose of generating income,
- Replacement costs such as spare vehicle rental expenses,
- Other Material Damage Items (e.g., Towing Costs, Parking Fees, Appraisal Expenses, etc.).
These damages, Turkish Code of Obligations‘Compensation for damages can be obtained through legal action against the negligent driver or vehicle operator, in accordance with the provisions of the law regarding torts. For full and effective compensation of damages, it is crucial that the process is conducted with the assistance of a legal expert.
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