It refers to the compensation for the period a person is deprived of their vehicle during repair after a traffic accident. Since it is classified as tort compensation, the other party must be at fault. The at-fault party is required to pay compensation to the person whose vehicle is under repair for the time they are unable to use it.
Who Can Claim Vehicle Deprivation Compensation?
Those who are not 100% at fault in a traffic accident, whose vehicle is damaged, and who are unable to use their vehicle for a period of time can claim this compensation.
Time Limit and Who to Apply to?
There is a 2-year statute of limitations for these claims. Within this period, enforcement proceedings must be initiated or a lawsuit must be filed against the driver or the owner of the vehicle. Unlike vehicle depreciation claims, insurance companies cannot be held responsible for this type of compensation.
Competent Court for the Lawsuit
The competent court is the civil court of first instance. Jurisdiction lies with the court where the wrongful act occurred or the defendant's place of residence.
How Is Vehicle Deprivation Compensation Calculated?
The compensation is calculated by multiplying the number of days the vehicle was unavailable by the daily replacement cost of a similar vehicle. For example, if a vehicle is unavailable for 10 days and the daily cost is 1,000 TL, the court would award 10,000 TL in compensation.
Important Criteria for Calculation
Key factors include the reasonable time the vehicle should spend in repair, the type of repairs, and the parts replaced. An expert determines the period of deprivation based on these factors. The daily replacement cost is calculated based on the rental value of a vehicle similar in brand, model, and age to the one deprived.
Is a Traffic Accident Required to Claim Compensation?
The fundamental element of this compensation type is the wrongful act. It does not matter whether the act was due to an accident or intentional harm. Compensation can be claimed for deprivation in cases of intentional harm as well, and the right to file a criminal complaint also arises in such cases.
Is It Necessary to File a Lawsuit for Compensation?
Before filing a lawsuit, enforcement proceedings can be initiated against the liable party. However, if the debtor objects to the enforcement proceedings, a lawsuit will become necessary.
What Should I Do If I Am Asked to Pay Vehicle Deprivation Compensation?
In practice, the amounts claimed are often unreasonable. Vehicles may remain in repair longer than necessary for various reasons, leading to high compensation claims. However, the Court of Cassation has ruled that decisions should be based on how long the vehicle should have been in repair, rather than how long it actually stayed. If you are facing a lawsuit or enforcement proceedings for vehicle deprivation compensation, it is essential to consult a lawyer to avoid paying excessively high amounts.
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