In diminished value compensation, fault is one of the factors that directly determine the amount that can be claimed. Two vehicle owners with the same damage may receive different amounts depending on their fault ratios.
Basic rule
Compulsory traffic insurance pays the injured party in proportion to the fault of the insured vehicle. Accordingly:
• If the other party is fully at fault: The entire diminished value can be claimed from the other party's insurer.
• If fault is shared: Diminished value can be claimed in proportion to the other party's fault. For example, if the other party is 75% at fault, 75% of the diminished value can be claimed.
• If you are fully at fault: Diminished value cannot be claimed from the other party. You can check whether your own casco policy includes diminished value cover.
How is fault determined?
The accident report, police report, accident sketch, photos, camera recordings and witness statements are used to determine fault. The insurer makes its initial assessment on the basis of these documents. In the event of a dispute, fault is determined through an examination by an expert in traffic matters.
Can the fault ratio be challenged?
Yes. The fault ratio accepted by the insurer is not binding. The fault situation can be re-examined at the arbitration or court stage. For this reason, photos taken at the scene, the position of the vehicles and witness details are very important.
Care when signing the report
Statements and sketches in an accident report drawn up by the parties can be decisive in the fault assessment. Do not sign unless you are sure that the statements in the report reflect the incident accurately; in case of disagreement, calling the police may be the sounder option.
You can use the free Kaza Dosyam tool to keep your accident information in an organised file: kazadosyam.katarhukuk.com
This article is for general information only and does not constitute legal advice. Each specific case must be assessed in its own circumstances. Updated: 10 October 2026
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