The Constitutional Court's decision dated 29/12/2022, numbered 2021/82 E., 2022/167 S., brought about a fundamental transformation in vehicle depreciation calculation. With this decision, the calculation method based on static TSB market value lists, used in practice for years, was abandoned and a new method based on current market value was adopted.
Decision summary
The Constitutional Court ruled that the fixed market values used in vehicle depreciation calculation violate the right to property and do not reflect actual loss. The main basis of the decision is the right to property regulated in Article 35 of the Constitution and the obligation to comply with the ECHR under Article 90 of the Constitution.
Decision date and citation
| Field | Information |
|---|---|
| Court | Constitutional Court |
| Application No. | 2021/82 |
| Decision No. | 2022/167 |
| Decision Date | 29/12/2022 |
| Subject | The market value method in vehicle depreciation calculation |
| Outcome | Annulment of the static TSB lists |
The Constitutional Court's reasoning
In its reasoning, the Constitutional Court emphasized the following points:
- Actual loss principle: Compensation must cover the actual loss of the injured party. Fixed lists violate this principle.
- Market conditions: Vehicle depreciation must be determined according to current market data. In inflationary periods, static lists quickly become outdated.
- Right to property: Compensation below the vehicle's market value is an indirect violation of the right to property.
- Principle of equality: Different compensation amounts for vehicles that suffered the same damage are contrary to the principle of equality.
Essence of the Decision
"Compensation must cover the actual loss of the injured party. Calculation based on fixed parameters violates this principle."
Consequences of the decision
- The static TSB market value lists lost their validity in depreciation calculation.
- Insurance companies were required to use current market data.
- Higher compensation outcomes arose in favor of vehicle owners.
- The method based on current market value became standard in expert reports.
- Court of Cassation case law was also updated accordingly.
Effects on practice
After the decision, insurance companies and experts began using the following methods in vehicle depreciation calculation:
| Method | Description |
|---|---|
| Current market research | Determining the current market value from second-hand vehicle platforms |
| Comparable comparison | Price difference between undamaged and damage-recorded similar vehicles |
| AI-supported analysis | Market value estimation from big data |
| Expert opinion | Market observation by a specialist expert |
Subsequent Court of Cassation decisions
Following the Constitutional Court decision, the Court of Cassation updated its case law on vehicle depreciation calculation:
- Court of Cassation 17th Civil Chamber: Ruled that current market data must be used as the basis.
- Court of Cassation 4th Civil Chamber: Stated that use of the TSB list in an expert report is insufficient.
- Regional Courts of Justice: Began applying the Constitutional Court decision directly.
Current calculation after the Constitutional Court decision
Obtain your full entitlement with a calculation that uses current market data and complies with the Constitutional Court decision.
Open the calculatorFAQ on the Constitutional Court decision
What did Constitutional Court decision 2022/167 change?
The decision made it mandatory to use current market value as the basis in vehicle depreciation calculation instead of the static TSB market value lists.
On what date was the Constitutional Court decision published?
The decision was rendered on 29/12/2022 and entered into force after its publication in the Official Gazette.
Does the Constitutional Court decision apply retroactively?
The decision applies directly to disputes after the date it was rendered. For lawsuits filed before the decision, Court of Cassation case law is consulted.
What must insurance companies do after the decision?
Insurance companies must use current market value data in depreciation calculations. Calculations based on the static TSB lists are no longer valid.
Did the decision affect only vehicle depreciation?
Although the decision mainly targeted vehicle depreciation, it also indirectly affected other compensation calculations similarly based on fixed parameters.
What happens if a calculation contrary to the decision is made?
The vehicle owner may file a compensation lawsuit against an insurance company that makes a calculation contrary to the Constitutional Court decision and may claim the difference.