Is the Insurance Company Not Paying Depreciation? What You Need to Do

KOÇAK Hukuk | Guide

Disclaimer: This is general information for Turkey. The outcome depends on fault allocation, evidence, repair details, policy limits, and procedural steps.

Quick Summary

If the insurer refuses to pay or pays too little:

1. Strengthen the file (fault + repair documents + market comparables)

2. Submit a written claim and document delivery/response (also essential in practice for arbitration)

3. Choose your route: additional documents/objection → Insurance Arbitration → Court

4. Don’t miss limitation periods (KTK Art. 109: 2 years, and in any case 10 years)

Why Insurers Refuse or Underpay

Common reasons:

• Dispute over fault ratio

• Allegation that “no value loss occurred”

• Missing documents (repair invoices, parts list, photos, expert reports)

• Policy limit issues; potential excess coverage discussions (e.g., voluntary liability/İMM)

• Low calculation due to weak comparables

Step-by-step Roadmap (KOÇAK Hukuk Method)

1) Build a solid evidence pack

• Accident report / police report

• Damage photos

• Repair invoice + parts list + workmanship breakdown

• Expert/adjuster report

• TRAMER record, mileage

• 8–12 comparable listings (same model/year/trim, close mileage)

2) Submit a written claim to the insurer

The Insurance Arbitration Commission states that you should first apply to the insurer to resolve the dispute.
Bar publications discuss the written application/response timing (commonly referenced as 15 days in practice).

3) Convert the insurer’s reply into a strategy

• No reply → keep proof of submission and proceed

• Rejection/underpayment → request written reasons and target the weak points (fault, repair scope, comparables)

4) Arbitration or Court?

• Insurance Arbitration can be faster if the insurer is a member; process and required documents are published by the Commission.

• Court may be preferable for complex fault/limit/technical disputes.

Limitation Period (Don’t miss deadlines)

KTK Art. 109 sets a 2-year period from learning the damage and liable party, and an absolute 10-year cap from the accident date.

Short Claim Text (Template)

Subject: Claim for Vehicle Value Loss (Compulsory Traffic Insurance)

I hereby claim compensation for vehicle value loss arising from the accident dated …/…/20… involving plate ….
Attached are the accident report, photos, repair invoice/parts list, expert report, and comparable market listings.

Please pay the value loss within policy coverage/limits, or provide a written reasoned decision explaining any rejection or partial payment.

Name / Contact / IBAN / Attachments list