Compensation For Damage Difference Resulting From A Traffic Accident

Damage Difference Compensation is a type of compensation that refers to the price difference between the original price of the damaged part of the vehicle as a result of a traffic accident and the equivalent/aftermarket part used in the vehicle. This compensation is covered by the Mandatory Financial Liability Insurance (ZMMS) and Comprehensive Insurance, which are required by the Highway Traffic Law.

In insurance policies commonly known as Traffic Insurance and Comprehensive Insurance, there must be a coverage limit for damage compensation. The coverage limit is updated annually per vehicle and per accident, and as of 2024, it is 200,000 TL per vehicle.

1 – Collection of the Damage Difference Amount/Compensation:

After a traffic accident, if your fault percentage is not 100%, you can take your vehicle to the service center to open an insurance claim. You can check the fault percentage at https://online.sbm.org.tr/trm-ktt/public/sorgu.sbm.
An expert shall be appointed by the insurance company to assess the damage to your vehicle. With this expert appointment, the material damage and labor costs to the vehicle are determined, and an expert report is prepared.
Once the expert report is approved by the insurance company, payments are made to the service and the injured party, and the file is closed.
After the file is closed, we start the process. First, the insurance/casco expert report is reviewed, and the discounts and part prices applied are examined to calculate the damage compensation.
A written application shall be submitted to the insurance company with a power of attorney drawn up by the client at a notary public, requesting payment of the damage compensation amount within 15 business days.
If the insurance company fails to make payment within 15 business days or makes an incomplete payment, an application is made to the Insurance Arbitration Commission.
The Insurance Arbitration Commission appoints an arbitrator to the case. The arbitrator reviews the file and appoints an expert to calculate the compensation for damages.
The expert determines the actual repair cost and the expert report is notified to the parties. The file is decided upon by making a statement against the report. The Insurance Arbitration Commission makes a decision regarding the dispute. The documents in the case can be viewed at www.sigortatahkim.org.
The damage compensation amount determined in accordance with the Insurance Arbitration Commission’s decision is collected and transferred to the bank account provided by our clients.

2 – Collection Period for the Difference in Damage Compensation/Compensation:

Since filing a claim with the insurance company is a prerequisite for litigation, the claim must first be filed. This process takes 15 business days. The Insurance Arbitration Commission process takes an average of 4-6 months.

In summary, the process of collecting the damage compensation amount resulting from a traffic accident is completed within a maximum of 5-7 months.

3 – Essential Points to Consider in the Collection of Damage Difference Compensation:

The statute of limitations for damage compensation claims is two years from the date of the accident.
In order to receive damage compensation, your vehicle must not have had any previous records of total loss or severe damage prior to the accident.
No damage compensation is paid for vehicles that have been involved in previous accidents at the same location.
The age and mileage of the vehicle are not important in determining the amount of compensation.
Damage compensation amounts collected through the insurance company and the Insurance Arbitration Commission are not recorded in the Tramer (previous accident record) system. Tramer (previous accident record) records can be viewed at https://online.sbm.org.tr/ or by calling 5664.
In vehicles sold after the accident, the right to claim damage compensation belongs to the license holder at the time of the accident, and the subsequent sale of the vehicle does not prevent us from claiming damage compensation.

4 – The Role of Lawyers in Collecting Damage Difference Compensation/Compensation:

In traffic accidents and the subsequent processes, all matters such as accident reports and expert reports require technical knowledge and expertise, and making mistakes in these processes can result in serious risks such as loss of rights or financial losses.

Damage consulting firms that do not have legal status in our country contact victims or insured parties through various means after an accident and request their power of attorney.

Due to the lack of legal status, the party involved in the accident cannot recover their claim or find a responsible party in transactions conducted by damage consulting companies. Therefore, granting power of attorney to a lawyer is always a safer option.

At Sarıbaş & Akbaba Law and Consultancy, these processes are carried out under the supervision of Attorney Bilal AKBABA, who has completed the Forensic Traffic Expertise Training. With nearly a thousand cases completed since 2019, we have extensive experience and client satisfaction.

For professional and effective legal services, please contact Sarıbaş and Akbaba Law and Consultancy at https://www.saribasakbaba.av.tr/tr/iletisim or by phone after your accident, and all these processes will be handled on your behalf, including compensation for damages to your fleet or personal vehicle.

Year: 2025

Application: Compensation For Damage Difference Resulting From A Traffic Accident

Lawyers: Mehmet Said Sarıbaş & Bilal Akbaba

E-mail: info@saribasakbaba.av.tr

Website: saribasakbaba.av.tr