Damage Determination Litigation

Petition Sample

TO ANKARA CIVIL COURT OF CIVIL ( ) ON DUTY ( )

PLAINTIFF/

REQUESTING DETECTION/

DEMANDING :A….. B….. (T.C.:…………)

ADDRESS

ATTORNEY:

ADDRESS

DEFENDANT/

OPPONENT : C….. D…. (T.R.:………..)

ADDRESS

DEMAND :../../…. After the traffic accident that occurred in its history; owned by the client 06 … Plate numbered …. Model …. It is about our demands regarding the detection of damage to the brand vehicle.

DESCRIPTIONS

Plaintiff client A….. B….., 06 … Plate numbered …. Mediator (copy of license is attached to the petition Annex-1) and ../../…. While moving towards Ostim from Batıkent direction in its history, the property of the defendant C….. D…. 06 … Plate numbered …. Model …. With the brand vehicle, ……………………. He was involved in a traffic accident with material damage at the junction.

The vehicle under the direction of the defendant could not stop by violating the speed limit rules of the location where the accident occurred, and quickly collided with the vehicle under the management and administration of the client, causing the client to crash into the vehicle in front, and thus a chain accident occurred.

As a result of the incident, a Traffic Accident Detection Report with material damage (Appendix-2) was kept between the parties. According to the defect report (tramer) drawn up in line with this report, the vehicle with license plate 06 … belonging to the defendant is fully defective. The defendant caused the accident in question by violating Articles 52/1-a and b of the Highway Traffic Law No. 2918. According to these articles

“Drivers:

a) Reducing their speed when approaching intersections, entering bends, approaching hill tops, driving on winding roads, approaching pedestrian crossings, level crossings, tunnels, narrow bridges and culverts, and entering construction and repair areas,

b) They have to adapt their speed to the load and technical characteristics of the vehicle they are using, and to the conditions required by the visibility, road, weather and traffic conditions.

As it is fixed in the report, the defendant is the one who is at fault in the case and the plaintiff client has no fault in this accident.

Due to this accident, the client’s vehicle is heavily damaged. As of this lawsuit, the client’s agent, which has become unusable, is still at the address of …….. Ostim Yenimahalle Ankara …. It is available at the Auto Repair Shop.

Since we will file a lawsuit against the defendant in order to eliminate the victimization of the client; We request the determination of the amount of damaged parts in the vehicle, the repair and labor costs of these damaged parts, the loss of value and depreciation of the vehicle, how long the vehicle will become usable, and how much the absence expense will be during this period.

LEGAL REASONS: Law No. 6047, Code of Civil Procedure, Attorneyship Law and other relevant legislation

EVIDENCE: Photocopy of the vehicle’s license, Traffic Accident Detection Report with Material Damage with the Accident Sequence Number dated …/…/2021, witness, expert and all other evidence

RESULT AND DEMAND: For all the reasons explained above; owned by the client 06 … Plate numbered …. Model …. By proxy, we request the determination of the amount of damaged parts in the brand vehicle, the repair and labor costs of these damaged parts, the loss of value and depreciation of the vehicle, how long the vehicle will be usable, and how much the absence expense will be during this period. 23/11/2021