2025 Updated Guide

Fault Rate Calculation

Understand how fault rate directly impacts your vehicle depreciation compensation. Learn about fault types, calculation methods, and how to maximize your claim.

Basic Rule: Fault Rate and Compensation

Fault rate directly determines how much depreciation compensation you can receive. The formula is simple: your compensation is reduced proportionally to your fault percentage.

For example, if your vehicle's depreciation is calculated at 50,000 TL and you are 30% at fault, your compensation will be: 50,000 TL × 70% = 35,000 TL

Compensation Formula

Net Compensation = Total Depreciation × (100% - Your Fault Rate)

Fault Rate Examples

Your Fault	Compensation Rate	Example (50K TL)
%0	%100	50.000 ₺
%20	%80	40.000 ₺
%30	%70	35.000 ₺
%50	%50	25.000 ₺
%70	%30	15.000 ₺
%100	%0	0 ₺

Types of Fault: Primary vs Secondary

Primary Fault (Asli Kusur)

%60 - %100

• Running red light
• Driving in wrong direction
• Not yielding right of way
• Drunk driving
• Excessive speeding

Secondary Fault (Tali Kusur)

%0 - %40

• Not using signal
• Improper parking
• Not keeping safe distance
• Not honking when necessary
• Poor vehicle maintenance

Common Accident Scenarios

Rear-End Collision

Vehicle rear-ending is 100% at fault

Following distance rule was not observed

Running Red Light

Red light runner is 100% at fault

Not obeying traffic signs is primary fault

Right of Way at Intersection

Party violating right of way is at fault

Vehicle from the right has priority

Lane Change

Vehicle changing lanes is usually at fault

Changing lanes without signaling is fault

How to Object to Fault Rate

If you believe the fault rate determined in the accident report is unfair, you have the right to object within 10 days.

Gather Evidence

Witness statements, camera footage, photos, and scene evidence

Prepare Petition

Petition clearly stating your objection grounds

Apply to Criminal Peace Court

Apply to the authorized court within 10 days

Expert Examination

Court appoints an expert for re-examination

Frequently Asked Questions

Is the fault rate in the accident report final?

No, the fault rate in the accident report is not final. The court may determine a different fault rate after expert examination. You have the right to object to the report.

Can I get depreciation if I'm 100% at fault?

No, the party that is 100% at fault cannot claim depreciation from the other party. However, if you have comprehensive insurance, you may have some rights under your policy.

How can I object to the fault rate?

You can object to the accident report within 10 days by applying to the Criminal Peace Court. Evidence, witnesses, and camera recordings play an important role in your objection.

What is the difference between primary and secondary fault?

Primary fault is the main cause of the accident (60-100%). Secondary fault refers to secondary causes (0-40%). Even with secondary fault, your compensation is reduced by your fault percentage.

What if the other party is uninsured?

If the other party is uninsured, you can apply to the Guarantee Fund. The Guarantee Fund is an official fund established to cover damages caused by uninsured vehicle owners.