Traffic accidents can cause serious harm, including vehicle damage, injury, and, sadly, death. A party who is not at fault, or who is less at fault, has the right to claim compensation for the losses they have suffered. In this guide, we explain step by step which types of compensation can be claimed, from whom, and how.
Which types of compensation can be claimed?
- Material compensation: Vehicle damage, loss of value, towing and repair costs; in case of injury, treatment, medication, prosthesis, and care expenses; and loss of earnings resulting from temporary or permanent incapacity to work.
- Moral compensation: An amount determined at the judge's discretion as partial redress for the pain and suffering of an injured person, or for the grief experienced by surviving relatives in the event of the death of a loved one.
- Compensation for loss of support: Paid to the relatives (spouse, children, parents, and persons actually supported) whom the person who died in the accident regularly supported during their lifetime.
Who is liable?
More than one person and institution may be jointly and severally liable for damage arising from a traffic accident:
- The at-fault driver: The person who caused the accident through their fault.
- The vehicle operator (owner): The person with actual control over the vehicle is liable on the basis of strict (hazard) liability.
- Compulsory Financial Liability (Traffic) Insurance: The vehicle's traffic insurance covers third parties' damages within the policy limits.
- In some cases, the employer may also be held liable (for an employee using the vehicle in the course of work).
How is fault determined?
The amount of compensation is directly tied to the parties' fault ratios. Fault is determined through the accident report, camera footage, witness statements, and, when necessary, an expert/actuarial report. For this reason, having a report drawn up at the scene of the accident and preserving evidence is of great importance.
The insurance claim process
For bodily injury and material damage, a written application to the traffic insurance company of the at-fault vehicle is generally made first. The insurer is obliged to make payment within the statutory period once the required documents are complete. If the insurer rejects the claim, underpays, or fails to respond in time, you may apply to the Insurance Arbitration Commission or to the court.
Bodily injury and compensation calculation
In accidents involving injury or death, compensation is determined through an actuarial calculation based on data such as the person's age, income, disability rate, and remaining life expectancy. The permanent disability rate is established by a full-fledged hospital report or a Forensic Medicine report. A correct calculation often results in amounts far higher than the insurer's initial offer.
The lawsuit process and competent court
If no result is obtained from the insurer, a lawsuit is filed. In compensation lawsuits filed against the insurance company, the competent court is generally the Commercial Court of First Instance, while in those filed against the driver and operator it is the Civil Court of First Instance. During the lawsuit, fault and damage are established through expert examination.
Statute of limitations
As a rule, compensation claims arising from a traffic accident become time-barred 2 years after learning of the damage and the liable party, and in any event 10 years after the date of the accident. However, if the accident also constitutes a criminal offense (for example, negligent injury or homicide), the longer criminal statute of limitations periods apply. To avoid missing deadlines, it is critical to obtain legal support as soon as possible after the accident.
What should you do after an accident?
- Have an accident report drawn up and, if possible, take photos and videos.
- Get the contact details of witnesses.
- If there is any injury, be sure to go to a healthcare facility and obtain a report.
- Keep all documents relating to repairs, treatment, and loss of income.
Professional legal support
This article is for general informational purposes only and does not constitute legal advice; every dispute involves its own particular circumstances, and legislation may change over time. To avoid losing your rights and to manage your process correctly, we recommend consulting Avrasya Law Office. Kasım Ergün and his experienced team are by your side in litigation and consultancy processes. To book an appointment at our Bakırköy office, you can visit our Contact page.
