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HomeIstanbul Vehicle DepreciationLawsuit Process
Legal Process Guide

Depreciation Lawsuit Process

Complete guide to the vehicle depreciation lawsuit process in Istanbul courts. Learn about each stage, timeline, and what to expect.

Short answer

Once the pre-suit application phase ends, the case proceeds before a commercial court of first instance or the Insurance Arbitration Commission. Arbitration typically resolves in 4–9 months; court timelines vary with caseload. The court fixes the depreciation amount via a court-appointed expert. The decision is subject to objection arbitrators, then appeal/cassation in court.

When Should You File a Lawsuit?

You should consider filing a depreciation lawsuit when:

  • Insurance company rejects your claim entirely
  • Insurance company offers insufficient compensation
  • Insurance company doesn't respond within 15 business days
  • You disagree with the fault rate determination

Important: You have 2 years from the accident date to file a lawsuit. After this period, your right to claim expires.

Lawsuit vs Arbitration: Which to Choose?

Insurance Arbitration

  • Duration: 4-6 months
  • Lower costs
  • Online process
  • 40K TL limit for final decisions
Best for: Claims under 40,000 TL

Court Lawsuit

  • Duration: 6-12 months
  • No claim limit
  • Full appeal rights
  • Higher costs
Best for: Claims over 40,000 TL

Lawsuit Stages Step by Step

Stage 11-2 weeks

Preparing Lawsuit Petition

Your lawyer prepares the lawsuit petition with all evidence

Stage 21 day

Filing the Lawsuit

Petition and documents are submitted to court, fees are paid

Stage 32-4 weeks

Preliminary Proceedings

Court accepts the case and sends notification to defendant

Stage 42 weeks

Response Petition

Defendant (insurance company) submits response petition

Stage 54-8 weeks

Expert Examination

Court appoints expert, vehicle and documents are examined

Stage 62-4 weeks

Expert Report

Expert prepares report determining depreciation amount

Stage 74-8 weeks

Hearing and Decision

Court announces its decision at final hearing

Stage 82-4 weeks

Finalization of Decision

Decision becomes final after appeal period, collection begins

Total Estimated Duration: 6-12 months

Lawsuit Costs 2026

Cost ItemAmount
Court Fee (Harç)Based on claim amount
Expert Fee1.500 - 3.000 ₺
Notification Costs200 - 500 ₺
Attorney Fees10-25% of compensation

If you win the case, all costs are recovered from the opposing party.

Frequently Asked Questions

How long does a depreciation lawsuit take?
A depreciation lawsuit in Istanbul courts takes an average of 6-12 months. Simple cases may take 4-6 months, complex cases 12-18 months. Insurance Arbitration Commission can reduce this to 4-6 months.
How much are lawsuit costs?
Court fees vary based on compensation amount. Average is 2,000-5,000 TL. If you win the case, these costs are recovered from the opposing party.
Is arbitration application mandatory before lawsuit?
No, it's not mandatory, but Insurance Arbitration Commission is a faster and lower-cost alternative. It gives final decisions for claims up to 40,000 TL.
What happens if I lose the case?
If you lose, the opposing party's attorney fee and a portion of the court costs may be charged to you. To reduce this risk, it is advisable to assess the expert report, the insurer correspondence and the damage photographs before filing.
Do I need to attend hearings?
Usually not necessary. Your lawyer can represent you. However, in some cases, the court may want to take your statement.

Related Topics

Attorney FeesStatute of LimitationsRequired DocumentsCase Examples

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This content is for informational purposes only.

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