Among the most debated topics when claiming vehicle diminished value compensation after a traffic accident are the vehicle’s past damage records, especially whether it had previously sustained damage in the same area. In this article, we examine the principle of calculating diminished value, the effect of past damage records on compensation, and the importance of Tramer data in light of judicial decisions. For other items that can be claimed after an accident, you can also refer to our articles on damage difference amount and vehicle loss of use compensation.

Introduction and General Principles 

The fundamental principle in calculating vehicle diminished value compensation in judicial decisions is based on the difference between the vehicle’s undamaged second-hand market value before the accident and its second-hand market value after the accident and repair. When making this calculation, the vehicle’s brand, model, features, mileage, age, repair procedures, and past damage records are considered as technical factors (Denizli Regional Court of Justice 4th Civil Chamber, dated 10.04.2025, Docket No. 2025/529 and Decision No. 2025/605  ; Kayseri 1st Civil Court of Commerce, dated 09.04.2026, Docket No. 2025/460 and Decision No. 2026/333  ).

Effect of Past Damage Records on Diminished Value 

In judicial decisions, different approaches are taken when a vehicle has past damage records, especially if the damaged area in the current accident is the same as a previously damaged area:

Rejection of Compensation if Damage is Sustained in the Same Area:

 In many decisions, it is accepted that if a vehicle has previously sustained damage to the same area, there will be no repetitive diminution in value because the relevant parts have already lost value. For example, in the ruling of Istanbul Anatolian 11th Civil Court of Commerce dated 26.11.2024, numbered 2022/974 E. and 2024/921 K., it was ruled that there would be no diminution in value since the right-side damage had previously occurred in the same area. Similarly, Izmir 5th Civil Court of Commerce (dated 19.03.2021, numbered 2020/66 E. and 2021/236 K.) and Istanbul 15th Civil Court of Commerce (dated 09.05.2023, numbered 2022/801 E. and 2023/447 K.) dismissed cases, stating that repetitive damages to the same area would not create a new diminution in value.

Market Conditions and Accident Count-Focused Approach:

 Conversely, some courts rule that merely sustaining damage to the same area does not prevent a diminution in value, contrary to expert opinions. In the decision of Istanbul Anatolian 10th Civil Court of Commerce dated 20.02.2025, numbered 2024/12 E. and 2025/153 K., it was stated that an increase in the number of accidents under market conditions is a diminution in value factor in itself, each accident is priced separately in the market, and therefore, a reasonable amount for diminution in value should be awarded.

Technical Assessment and Discount Application: 

In cases where a vehicle’s past damage records cannot be fully determined, an equity-based discount may be applied. In the decision of Izmir 2nd Civil Court of Commerce dated 23.10.2025, numbered 2024/718 E. and 2025/961 K., a discretionary discount of 25% was applied to the determined diminution in value amount due to the inability to fully ascertain past damage records.

Examination Procedure and Expert Reports 

Regional Courts of Appeal emphasize that an incomplete examination must be avoided when determining the impact of past damage records. In the judgment of the Konya Regional Court of Appeal, 3rd Civil Chamber, dated 13.05.2026, numbered 2026/575 (File No.) and 2026/1078 (Decision No.), it was stated that the vehicle’s past damage files should be obtained from insurance companies, the damaged areas clarified, and an additional report obtained accordingly. Failure to examine expert reports related to past accidents is considered “incomplete examination” (Konya Regional Court of Appeal, 3rd Civil Chamber, dated 16.10.2025, numbered 2025/1952 (File No.) and 2025/2043 (Decision No.)).

Related content: Our article titled How is the Fault Rate Determined in Traffic Accidents? can also be guiding regarding the role of expert reports in the process and the judge’s discretionary power.

Economic Life and Damage Intensity 

The vehicle’s age and the intensity of its damage history are also factors that affect the amount of compensation or lead to the rejection of the claim. In the decision of the Istanbul Anatolian 4th Civil Court of Commerce, dated 04.06.2024, numbered 2023/475 (File No.) and 2024/442 (Decision No.), the claim for depreciation was rejected on grounds of equity for a vehicle that was 33 years old and had 5 damage records, having completed its economic life.

Legislative Framework

Vehicle value depreciation is primarily a material damage under the provisions of the Turkish Code of Obligations No. 6098 regarding torts. Especially in accordance with articles 50 and 51 of the TCO, when the amount of damage cannot be fully proven, the judge determines the damage equitably by taking into account the ordinary course of events. As for the liability of the insurance company, an evaluation is made within the framework of the Highways Traffic Law No. 2918 and the general conditions of Compulsory Financial Liability Insurance.

Conclusion 

In judicial practice, the general tendency is that new value depreciation will not occur if the vehicle has previously sustained damage to the same area. However, there are also decisions where compensation is awarded, or a discount is applied in cases of uncertainty regarding past damages, taking into account market conditions and the effect of the number of accidents on vehicle value. In any case, a detailed examination of past damage records and Tramer data is mandatory.

Frequently Asked Questions (FAQ)

How is vehicle value depreciation calculated?

Value depreciation is the difference between the vehicle’s undamaged second-hand market value before the accident and its second-hand market value after repair. The calculation takes into account the vehicle’s make, model, mileage, age, repair operations performed, and past damage records.

Can value depreciation be claimed again for a vehicle that previously sustained damage to the same area?

The general trend in judicial practice is that if the same area has been damaged before, repeated (second-time) diminution in value will not occur. However, some courts may rule a reasonable compensation, considering the increase in the number of accidents in the market as a standalone factor for diminution in value.

Does Tramer/past damage record always prevent diminution in value?

No. The determining factor is whether the damaged area in the current accident is the same as the previously damaged area. A new diminution in value may arise if different or additional parts are damaged. Therefore, it is essential to clarify past damage files and damaged areas.

Do the vehicle’s age and number of damages affect compensation?

Yes. An advanced age and numerous damage records for a vehicle may lead to the rejection of a claim on the grounds that it has completed its economic life. In one decision, a claim for diminution in value for a 33-year-old vehicle with 5 damage records was rejected for reasons of equity.

What happens if past damage cannot be fully determined?

In cases where past damage records cannot be fully determined, courts may apply a discretionary (equity-based) reduction to the determined diminution in value amount. In one decision, this reduction rate was applied as 25%.

Why are past damage files important in determining diminution in value?

Failure to obtain expert reports and insurance damage files related to past accidents is considered “incomplete examination” and may lead to the overturning of decisions. For an accurate result, Tramer data and damaged areas should be clarified with an additional expert report.

Why is Expert Legal Support Necessary?

Vehicle depreciation lawsuits involve technical and procedural details such as determining whether damage areas overlap, the complete collection of Tramer and past appraisal files, supervising expert reports, and objecting to them when necessary. Since approaches like “repeated damage from the same area” and “market/accident count” can differ among courts, determining the appropriate legal strategy for the case directly affects the outcome. Insufficient evidence or an incorrect application can lead to the rejection of the claim or the award of low compensation.

In cases seen particularly in areas such as Tuzla, Pendik, Kartal, Maltepe, Aydınlı, Orhanlı, Tepeören in Istanbul and Gebze, Darıca, Çayırova in Kocaeli, the support of a lawyer who is closely familiar with the practices of the local Civil Courts of Commerce and their pools of experts directly contributes to the course of the lawsuit. Tuzla-based 2M Law Office; offers professional legal consultancy and litigation tracking services in disputes related to depreciation loss due to traffic accidents, damage difference, replacement vehicle and loss of use compensation, including the accurate assessment of past damage records and effective objections to expert reports.