Some vehicle owners prefer to sell their vehicle in its damaged state after an accident without having it repaired. Whether diminished value or compensation can be claimed in this case is a frequently asked question.
The loss arises at the time of the accident
The loss arising from a tort occurs at the time of the accident. Later repairing the vehicle or selling it unrepaired does not eliminate the existence of the loss; however, it affects how the loss is calculated and how it is proved.
How is the loss determined in an unrepaired sale?
When a vehicle is sold without repair, the loss is generally shown by the following difference: the difference between the vehicle's undamaged pre-accident market value and its sale price in a damaged state. This difference may cover both the repair cost and diminished value. To avoid the same loss being claimed twice, whether a damage payment has previously been received from the insurer is also taken into account.
Documents needed as evidence
• Accident report and accident photos
• Post-accident appraisal report or damage assessment document
• Sale agreement and documents showing the sale price
• Listing prices of comparable vehicles
• Any correspondence with the insurer
If no damage file was opened
Even if no application was made to the insurer after the accident, the possibility of a claim does not automatically disappear. In this case, a written application must first be made to the insurer. However, the existence and extent of the damage must be proved with stronger evidence.
Differing approaches
There are differing approaches in the practice of regional courts of appeal and arbitration regarding the calculation and proof of the loss for vehicles sold without repair. It is therefore important, with regard to possible future disputes, to document the vehicle's damaged state with an independent appraisal before the sale.
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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