How will you continue to go to work, school, or carry on with your daily life while your vehicle is at the service center after a traffic accident? Your deprivation of its use while your vehicle is under repair is also a real damage that can be legally compensated. This item is therefore referred to as the “loss of use of vehicle compensation” or, more commonly, the “substitute vehicle cost.” So, how is this compensation calculated, can it be claimed without an invoice, and why cannot it be requested from traffic insurance? You can find all the details below in light of current legislation and judicial practice.
Turkish Code of Obligations No. 6098 (TCO) Art. 50: regulates the judge’s discretionary power in proving the damage and determining its amount. It forms the basis for awarding compensation even if concrete documents (invoice, etc.) cannot be submitted for loss of use of vehicle.
TCO No. 6098 Art. 51 and 52: It determines the scope of compensation and reasons for reduction. It is the legal basis for deducting the expenses saved by the claimant (fuel, depreciation) from the substitute vehicle cost.
Highway Traffic Law No. 2918 (HTL) Art. 85: It forms the basis of the tort liability of the operator and the driver.
HTL No. 2918 Art. 92/k: It excludes indirect damages such as loss of income, loss of profit, and loss of rental income from ZMSS (Traffic Insurance) coverage. This regulation dictates that the loss of use of vehicle compensation cannot be directed to the insurance company.
Compulsory Highway Financial Liability Insurance General Conditions (A.6/k): In parallel with the law, it excludes indirect damages from coverage.
Practice Note: In trials conducted by courts, a “substitute vehicle cost” may be claimed regardless of whether the vehicle is commercial or not. However, in commercial vehicles, this situation may also be referred to as “loss of earnings”; in this case, to avoid causing duplicate payment, it is essential for a judgment to be rendered on a single item (usually loss of vehicle use).
Turkish Code of Obligations No. 6098 (TCO) Art. 50: Regulates the judge’s discretionary power in proving the damage and determining its amount. It forms the basis for compensation to be awarded even if concrete documents (invoice, etc.) cannot be presented in cases of loss of vehicle use.
TCO No. 6098 Art. 51 and 52: Determine the scope of compensation and reasons for reduction. They constitute the legal basis for deducting expenses saved by the plaintiff (fuel, depreciation) from the substitute vehicle cost.
Highway Traffic Law No. 2918 (HTL) Art. 85: Forms the basis for the tort liability of the operator and driver.
HTL No. 2918 Art. 92/k: It excludes indirect damages such as loss of income, loss of profit, and loss of rent from Compulsory Financial Liability Insurance (Traffic Insurance) coverage. This regulation dictates that the cost of loss of vehicle use cannot be directed to the insurance company.
Application Note: In trials conducted by courts, regardless of whether the vehicle is commercial or not, “substitute vehicle cost” can be claimed. However, for commercial vehicles, this situation can also be described as “loss of profit”; in this case, to avoid double payment, it is essential to rule on a single item (generally vehicle deprivation).
1. Vehicle Deprivation Damage and its Legal Nature The cost of vehicle deprivation is the amount that the vehicle owner must pay for a vehicle of the same quality (substitute vehicle) to meet their needs, due to the inability to use the vehicle damaged in a traffic accident during the repair process (Bursa Regional Court of Justice 13th Civil Chamber, 08.06.2022, 2021/1299 E., 2022/1006 K.). This damage item is based on the principle of actual damage within the scope of tort liability and arises during the vehicle’s repair period or, if it is totaled, within a reasonable period until a new vehicle is acquired (Bakırköy 2nd Civil Court of Commerce, 17.03.2026, 2025/570 E., 2026/285 K.).
Courts also define vehicle deprivation damage as “loss of profit” or “substitute vehicle damage” and condition the compensation of this damage on the inability to use the vehicle during the repair period (Kayseri 1st Civil Court of Commerce, 23.12.2025, 2024/1027 E., 2025/1150 K.). However, since claiming both vehicle deprivation and loss of profit for the same incident would lead to double payment, courts generally rule on a single item (Kayseri 2nd Civil Court of Commerce, 12.03.2025, 2023/773 E., 2025/249 K.).
2. Calculation Method and Criteria The basic formula applied in the calculation of vehicle loss of use compensation is “Reasonable Repair Period (days) x Daily Rental Fee” (Kayseri 2. Asliye Ticaret Mahkemesi, 12.03.2025, 2023/773 E., 2025/249 K.). The following objective criteria are taken as basis in the calculation:
Reasonable Repair Period: This is the period determined by considering the nature of the vehicle’s damage, its brand, model, and the nature of the parts and areas to be repaired (Kayseri 1. Asliye Ticaret Mahkemesi, 08.05.2025, 2024/555 E., 2025/431 K.). Service density, delays in part procurement, or late deliveries caused by the plaintiff are not included in this period; only the technically required reasonable period is taken as basis (Kayseri Bölge Adliye Mahkemesi 3. Hukuk Dairesi, 29.04.2024, 2023/948 E., 2024/704 K.).
Daily Rental Fee: This is the daily rental fee, under market conditions, for a vehicle with similar brand and model specifications to the damaged vehicle (İzmir 4. Asliye Ticaret Mahkemesi, 26.03.2024, 2021/246 E., 2024/250 K.).
3. Discounts and Deduction of Mandatory Expenses In determining the compensation amount, expenses saved by the plaintiff during the period the vehicle could not be used (fuel, maintenance, depreciation share, etc.) must be deducted from the total amount (İstanbul Anadolu 11. Asliye Ticaret Mahkemesi, 14.01.2025, 2023/786 E., 2025/22 K.). For example, considering that the fuel of the substitute vehicle will be borne by the plaintiff and the vehicle will not incur wear and tear, the judgment is rendered based on the remaining amount after deducting depreciation and general expenses from the gross amount determined by the expert (Kayseri 2. Asliye Ticaret Mahkemesi, 10.04.2026, 2025/368 E., 2026/341 K.).
4. Burden of Proof and the Judge’s Discretion In claims for vehicle loss of use compensation, it is not mandatory for the plaintiff to provide an invoice or payment document proving that they actually rented a vehicle. Pursuant to Article 50/2 of the TCO, even if concrete evidence cannot be presented, the judge, based on the fact that the vehicle cannot be used during the repair period, may award an equitable amount to be determined by an expert (Istanbul 5th Commercial Court of First Instance, 19.12.2023, 2023/131 E., 2023/965 K.; Adana Regional Court of Justice 3rd Civil Chamber, 07.03.2022, 2021/245 E., 2022/522 K.).
5. Liability and Exclusion from Insurance Coverage Vehicle loss of use damage, being an indirect damage, falls outside the scope of the Compulsory Financial Liability Insurance for Highways (Traffic Insurance). Therefore, insurance companies cannot be held responsible for this damage (Kayseri 1st Commercial Court of First Instance, 03.02.2026, 2024/1017 E., 2026/96 K.). For the aforementioned damage, the vehicle driver at fault in the accident and its operator (owner) are jointly and severally liable according to tort provisions (Izmir 3rd Commercial Court of First Instance, 11.06.2025, 2024/716 E., 2025/562 K.; Diyarbakir Commercial Court of First Instance, 09.10.2024, 2023/448 E., 2024/975 K.).
6. Note on the Decision of Istanbul 16th Civil Court of Commerce Detailed content regarding the verdict dated 18.12.2024, numbered 2024/94 Principle and 2024/860 Decision of the Istanbul 16th Civil Court of Commerce, mentioned in the question, is not included among the examined judicial decision documents. Therefore, while a specific analysis of the said decision is not possible, it is observed that general judicial practice is shaped within the framework of the “reasonable repair period” and “equivalent rental fee” criteria summarized above (Izmir 3rd Civil Court of Commerce, 22.05.2025, 2024/473 E., 2025/497 K.).
Why is Expert Legal Support Necessary?
Vehicle loss of use compensation is one of the compensation items where loss of rights is most frequently experienced. Because this damage is outside the scope of traffic insurance coverage, the claim must be directed to the correct party (the negligent driver and operator); lawsuits filed against the wrong party are dismissed. Furthermore, the technically accurate determination of the “reasonable repair period,” the realistic assessment of equivalent rental fees, and the correct calculation of discount items are details requiring expertise.
As 2M Law Firm, we provide end-to-end legal support to our clients primarily in Istanbul (Anatolian Side), as well as in the regions of Tuzla, Pendik, Kartal, Maltepe, and Gebze (Kocaeli), for compensation claims arising from traffic accidents, including vehicle loss of use (replacement vehicle), diminished value, difference in damage, and total loss. During the process:
We correctly establish the proper defendant, and properly direct the claim against the driver and operator.
We prepare effective objections against the repair duration and comparable rental fee in the expert report.
We claim deprivation, loss of value, and loss of earnings items together, without creating duplication.
By monitoring statute of limitations periods, we prevent loss of rights.
If you wish to receive expert legal support in the Istanbul Anatolian Side and Kocaeli region for the deprivation fee regarding the period your vehicle remained under repair after a traffic accident, you can contact 2M Hukuk Avukatlık Ofisi for a free preliminary evaluation of your file.
Frequently Asked Questions (FAQ)
Is it a requirement for me to have an invoice/have rented a vehicle for the vehicle deprivation fee?
No. Pursuant to Article 50/2 of the TCO, even if you do not present a document proving that you actually rented a vehicle, based on the fact that your vehicle could not be used during the repair period, the judge may rule for an equitable amount through an expert.
Can I claim the deprivation fee from traffic insurance (CTI)?
No. Pursuant to Article 92/k of the Highway Traffic Law (HTL) and the General Conditions of CTI (A.6/k), this damage is considered indirect damage and is outside the scope of traffic insurance coverage. The claim is directed towards the at-fault driver and operator.
How is the deprivation fee calculated?
The basic formula is “reasonable repair period (days) × daily rental fee of a comparable vehicle”. The net amount is reached by deducting saved expenses such as fuel, maintenance, and depreciation from the determined gross amount.
Is the delay in repair added to the deprivation period?
No. Only the technically required reasonable repair period is taken into account. Service density, delays in parts supply, or late delivery periods caused by the vehicle owner are not considered.
Can I claim both loss of profit and deprivation for my commercial vehicle?
Since both cover the same damage, claiming them together leads to double payment. Courts usually rule on a single item; therefore, it is important to structure the claim correctly.
What is the statute of limitations for a claim for deprivation compensation?
In compensation claims arising from traffic accidents, according to Article 109 of the Highway Traffic Law (KTK), a 2-year statute of limitations applies from the date the damage and the responsible party are learned; in any case, a 10-year statute of limitations applies from the date of the accident.
