Obligations and contracts

Diminished value claim (vehicle)

A claim for the drop in a vehicle's resale value after an accident, recoverable even when the car has been fully repaired.

All terms

Under Turkish law, a diminished value claim covers the loss in a vehicle's market value after a traffic accident, even where the car has been fully repaired. Because a vehicle with an accident record sells for less than comparable undamaged cars, the difference is treated as genuine, recoverable damage.

The claim may be brought against the driver at fault, the vehicle's operator or the compulsory traffic insurer of the party at fault, in proportion to fault. The amount is established through expert assessment based on the vehicle's age, mileage, the nature of the damage and market conditions.

For claims against insurers, the application procedure, the arbitration route and the calculation method are governed by regulations and standard policy conditions that are updated from time to time, so claims must follow the rules currently in force.

Not to be confused with

Onarım gideri ile karıştırılmamalıdır: onarım gideri hasarın giderilme maliyetidir, değer kaybı ise onarımdan sonra dahi kalan piyasa değeri düşüşüdür.

Statutory basis

  • TBK m.49

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.