A silent danger for drivers: You could face enforcement proceedings without knowing it
Even if parties reach an agreement following traffic accidents involving property damage, the file may not be considered closed. Recently, high-amount claims under the names of vehicle depreciation and usage fees have been brought to the agenda through enforcement proceedings initiated without the drivers' knowledge.
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In traffic accidents resulting in property damage, an agreement between the parties does not always mean the process has ended. Practices that have increased in recent years are leading many drivers involved in accidents to face enforcement proceedings without their knowledge.
CLAIMS FOR DEPRECIATION AND USAGE FEES
According to information reported by NTV, the driver found at fault in an accident is not only held responsible for repair costs. Compensation for the days the vehicle could not be used during the repair period and the depreciation that occurred in the vehicle can also be demanded. These amounts, which fall outside the scope of insurance, are requested directly from the driver.
PROCEEDINGS INITIATED THROUGH LAWYERS
In practice, it is stated that lawyers who reach out to vehicle owners through repair shops or body shops where damaged vehicles are taken get involved. Lawyers who receive power of attorney for depreciation compensation can initiate enforcement proceedings without a court judgment using this authority. In some cases, it is stated that even the vehicle owner is not aware of all stages of the process.
HOW DOES THE PROCESS WORK?
The party not at fault in the accident is directed to grant power of attorney with the information that the depreciation of the vehicle will be covered by insurance. Lawyers first apply to the insurance company, and for rental fees and additional damages not covered by insurance, they pursue enforcement proceedings against the at-fault driver.
BEWARE OF ENFORCEMENT PROCEEDINGS WITHOUT A JUDGMENT
Enforcement proceedings without a court judgment stand out as a method that can be initiated without any court decision. This path can also be preferred for receivables arising from traffic accidents. Due to the lack of a requirement to submit documents, many drivers only become aware of the situation when the enforcement notice arrives at their door.