The owner who cannot use their vehicle during the time it remains in service after a traffic accident can claim a substitute vehicle (loss of use/downtime) fee. However, the criterion taken as a basis for calculating this damage is not the number of days the vehicle was actually in service; it is the “reasonable repair period” determined according to the damage. In this article, we examine how the reasonable period is determined, which delays are not included in this period, and sample periods accepted by courts, in light of judicial decisions. For information on against whom and by what method the claim should be directed, you can also refer to our article titled ‘How Many Days of Substitute Vehicle Fee Can Be Claimed? How Long is the Reasonable Repair Period?’.
1. Determination of Reasonable Repair Period and its Legal Nature
According to court decisions, the main criterion in calculating vehicle deprivation damages arising from traffic accidents is the determination of the “reasonable period” required for the vehicle’s repair, based on its damage status. As stated in the judgment of İzmir 2nd Civil Court of Commerce dated 24.12.2024, with main file number 2023/829 and decision number 2024/1181, the damage calculation must be made based on this reasonable period. Since the determination of this period is a matter requiring special and technical knowledge beyond the scope of law, courts must consult expert opinion (İzmir Regional Court of Justice 4th Civil Chamber, dated 25.12.2025, file no. 2022/2844 E., decision no. 2025/2507 K.).
Related content: Regarding the legal nature of this damage item and from whom it can be claimed, you can review our article titled What is Vehicle Deprivation (Loss of Use) Compensation, Does Insurance Pay It?
2. Technical Criteria Used in Determining the Period
When determining the reasonable repair period, only the entry and exit dates of the vehicle from the service are not considered sufficient on their own; the form and nature of the damage, parts, materials, and labor items are taken into account (İstanbul Anatolian 10th Civil Court of Commerce, dated 26.10.2023, file no. 2022/893 E., decision no. 2023/874 K.). The following processes are considered in the assessments made by technical experts:
Dismantling and identification of damaged parts,
Spare part ordering and supply process,
Bodywork, paint, mechanical, upholstery, and electrical labor,
Installation and necessary adjustment processes (Istanbul Anatolian 4th Civil Court of Commerce, dated 12.03.2026, File No. 2025/111, Decision No. 2026/244).
For example, in the judgment of the Istanbul 21st Civil Court of Commerce, dated 27.03.2026, File No. 2024/534 and Decision No. 2026/249 , a reasonable period of 5 days was calculated for a cylinder head overhaul, comprising disassembly (1 day), overhaul and parts procurement (3 days), and assembly and testing (1 day).
3. External Factors Not Included in the Reasonable Period
In court decisions, situations that extend the repair period but cannot be attributed to the defendant (the party causing damage) have been clearly distinguished. Periods extended for the following reasons are not considered within the scope of a reasonable repair period:
Service intensity or disputes between the repairer and the plaintiff (Bakırköy 1st Civil Court of Commerce, dated 10.02.2026, File No. 2024/651, Decision No. 2026/158 ),
The plaintiff’s delay in delivering the vehicle for repair or picking it up after repair,
Insurance approval processes, correspondence, and periods spent for evidence collection (Izmir 4th Civil Court of Commerce, dated 02.07.2025, File No. 2023/1, Decision No. 2025/626 ),
Unusual spare part supply delays or the plaintiff’s lack of financial means for repair (Bursa 3rd Civil Court of Commerce, dated 22.02.2024, File No. 2023/34, Decision No. 2024/210 ).
4. Impact of Insurance Policy and Special Conditions
In some cases, even if the reasonable repair period determined by the expert is longer, the liability of the defendant insurance company may be limited by the special conditions in the policy. In the judgment of Istanbul Anadolu 10th Civil Court of Commerce dated 26.10.2023, with file number 2022/893 and decision number 2023/874, it was ruled that although the reasonable repair period was determined as 13 days, the insurance company was only responsible for a period of 7 days due to the “maximum 7 days” condition in the comprehensive insurance policy.
5. Example Durations Accepted by Courts
In the examined decisions, the reasonable periods taken as a basis for the judgment, according to the extent of the damage, are as follows:
3 Days: Istanbul 12th Civil Court of Commerce (dated 05.03.2020, file no. 2018/249 E., decision no. 2020/253 K.)
5 Days: Izmir 2nd Civil Court of Commerce (dated 28.09.2023, file no. 2021/544 E., decision no. 2023/750 K.)
8 Days: Bakırköy 2nd Civil Court of Commerce (dated 12.07.2024, file no. 2023/491 E., decision no. 2024/782 K.)
10 Days: Istanbul Anadolu 11th Civil Court of Commerce (dated 27.03.2025, file no. 2022/941 E., decision no. 2025/311 K.)
12 Days: Trabzon Civil Court of Commerce (dated 10.12.2020, file no. 2018/529 E., decision no. 2020/455 K.)
15 Days: Bakırköy 4th Civil Court of Commerce (dated 02.11.2020, file no. 2018/830 E., decision no. 2020/637 K.)
20 Days: Bakırköy 2nd Civil Court of Commerce (dated 05.02.2026, file no. 2024/689 E., decision no. 2026/108 K.)
In the judgment of the Bakırköy 2nd Civil Court of Commerce dated 08.12.2023, numbered 2023/257 Main and 2023/1254 Decision, the appropriateness of the repair period to the nature of the damage was specifically examined. Other court decisions do not contain any additional reference or detailed information regarding this specific judgment.
Vehicle deprivation loss is primarily requested within the framework of the provisions of the Turkish Code of Obligations No. 6098 regarding torts. Especially pursuant to Articles 50 and 51 of the TCO; when the exact amount of damage cannot be fully proven, the judge determines the damage equitably, taking into account the ordinary course of events and the precautions taken by the injured party. The determination of a reasonable repair period by an expert is also made within this framework.
Frequently Asked Questions (FAQ)
What is a reasonable repair period?
A reasonable repair period is the time technically required to repair a vehicle damaged in an accident, according to the nature of the damage. Vehicle deprivation/replacement vehicle cost is calculated based on this reasonable period, not on the actual time the vehicle spent in service.
My car was in service for 30 days; can I claim compensation for the entire 30 days?
The duration of time spent in service alone is not determinative. An expert determines the reasonable period based on the extent of the damage. The part extended due to reasons such as service density, late delivery, insurance approval processes, or unusual spare part delays is generally not charged to the party causing the damage.
Is an expert report required for determining a reasonable period?
Yes. Since the determination of a reasonable repair period requires special and technical knowledge, courts must consult an expert opinion. The expert evaluates the disassembly, parts procurement, bodywork/paint/mechanical labor, and assembly and testing processes separately.
Which delays are not included in the reasonable period?
Service intensity, disputes with the mechanic, late delivery of the vehicle for repair or late pickup, insurance approval/correspondence processes, evidence determination periods, and unusual parts supply delays are excluded from the scope of a reasonable period.
Does the “maximum day” clause in the comprehensive insurance policy limit compensation?
Yes, in claims based on the policy against the insurance company. Even if the reasonable period determined by the expert is longer, the maximum day clause in the policy may limit the insurance company’s liability to that day. This situation is different from a claim based on general provisions against the negligent operator/driver.
How many days do courts generally accept as a period?
The accepted period depends entirely on the extent of the damage. In the examined decisions, reasonable periods ranging from 3 to 20 days were taken as the basis for judgment; while a minor revision takes a few days, the period significantly increases for heavily damaged repairs.
Why is Expert Lawyer Support Necessary?
Claims for vehicle deprivation and substitute vehicle compensation are not as simple as they seem; in each case, the court may adopt different approaches regarding expert reports, reasonable repair time assessments, and which party should be held responsible for delays. Accurately determining the reasonable period, evaluating the maximum day conditions in the policy, effectively presenting critical issues such as parts supply and service delays before the court, and, if necessary, properly objecting to the expert report, all require expertise. A wrong application or missing document can lead to the rejection of the claim or the award of much lower compensation than expected.
Especially in cases seen in regions 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 expert pools directly contributes to the course of the lawsuit. Tuzla-based 2M Law Firm; provides professional legal consultancy and litigation services in disputes concerning vehicle deprivation, substitute vehicles, damage difference and fault rate arising from traffic accidents.
