Turkey is one of the countries where traffic accidents occur frequently. Unfortunately, these accidents can lead to loss of life, serious injuries and major material damages. Victims of traffic accidents or relatives of the deceased have legal rights to compensate for the damages they have suffered due to the accident. The most important of these rights are material and moral compensation claims. The compensation process is a complex legal area that covers the responsibility of the party at fault in the accident, the operator of the vehicle and the Compulsory Financial Liability Insurance (Traffic Insurance) company of the vehicle.
Legal Framework: Basis of Liability
Compensation liability arising from traffic accidents has more than one legal basis:
- Road Traffic Law (KTK): Article 85 of the TCC bases the liability of the vehicle operator on the principle of “hazard liability” (strict liability). Accordingly, if the operation of a motor vehicle causes death or injury to a person or damage to something, the operator of the motor vehicle is liable for this damage. The operator cannot be released from liability unless he proves that the accident was caused by force majeure or gross negligence of the victim.
- Turkish Code of Obligations (TCO): The tort provisions (TCO Art. 49 et seq.) form the basis of the personal liability of the driver who is at fault in the accident.
- Compulsory Financial Liability Insurance (Traffic Insurance): This insurance, which is compulsory for all motor vehicle owners pursuant to the TCC, covers damages caused to third parties as a result of an accident within the policy limits. This is an important safeguard for victims.
Material Compensation Claims
Material compensation aims to compensate for tangible and measurable losses incurred in the property of the victim due to a road traffic accident. The items of material compensation are as follows:
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In Case of Injury:
- Treatment Expenses: All health expenses such as hospital, doctor, surgery, medication, physiotherapy, carer expenses.
- Temporary Incapacity Compensation (Loss of Earnings): The income that the victim is deprived of due to his/her inability to work during the treatment period.
- Permanent Incapacity Compensation (Disability Compensation): In the event of a permanent disability or disability due to an accident, this is the payment in advance of the loss of earnings that the victim will suffer in the future due to a decrease in his/her ability to work. This calculation is made by actuarial experts taking into account factors such as the age, income, disability rate and life expectancy of the victim.
- Losses arising from the damage to the economic future: Losses arising from the negative impact on the victim’s career plans or economic future due to the accident.
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In Case of Death:
- Compensation for Deprivation of Support: This is the loss suffered by the persons (spouse, children, parents, etc.) who were financially supported by the deceased during his/her lifetime due to the deprivation of this support. This compensation is also determined by actuarial calculations.
- Funeral and Burial Expenses: Funeral, burial and other related expenses.
- Treatment Expenses if death did not occur immediately: Treatment expenses incurred during the period between the accident and death.
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In Case of Vehicle Damage:
- Repair Expenses: Expenses incurred to repair the vehicle.
- Value Loss Compensation: The decrease in the second-hand market value of the vehicle repaired due to the accident.
- Loss of Earnings (Vehicle Deprivation): Loss of earnings, especially during the period when commercial vehicles cannot be used due to an accident.
Moral Compensation Claims
Moral compensation is a type of compensation claimed in order to alleviate moral damages such as physical pain, grief, anguish and loss of joy of living due to a traffic accident.
- In Case of Injury: The injured person may claim non-pecuniary damages for the physical and mental pain he/she has suffered.
- In Case of Serious Bodily Harm or Death: In case of serious bodily harm (for example, loss of a limb) or death, the relatives of the victim or the deceased (spouse, children, parents) may also file a claim for non-pecuniary damages due to their deep sorrow and grief.
While determining the amount of non-pecuniary damages, the judge takes into consideration factors such as the gravity of the incident, the fault status of the parties, their social and economic status.
Application Process and Statute of Limitations
- Application to the Insurance Company: For material damages, firstly, a written application must be made to the Traffic Insurance company of the defective vehicle. The insurance company is obliged to make a payment within a certain period of time after receiving the application or reject it with justification.
- Insurance Arbitration Commission: In case of a dispute with the insurance company, the Insurance Arbitration Commission, which is a faster solution, can be applied to.
- Litigation: After filing an application with the insurance company or directly, a lawsuit for compensation can be filed against the at-fault driver, the vehicle operator and the insurance company before the Civil Court of First Instance (or the Commercial Court of First Instance if it is a commercial dispute).
- Statute of limitations The statute of limitations for compensation claims arising from traffic accidents is 2 years from the date the victim learns of the damage and the liable party, and in any case 10 years from the date of the accident. If the accident also constitutes a criminal offence (e.g. negligent injury or killing), the longer statute of limitations stipulated in the criminal code applies.
Claims for financial and non-pecuniary compensation after a road traffic accident are the most important legal remedy for compensating the victims and their relatives for the damages they have suffered. The process may include many different compensation items, from treatment expenses to disability compensation, from deprivation of support to loss of vehicle value. Liability is apportioned between the at-fault driver, the vehicle operator and the insurance company. Due to the short statute of limitations and the fact that compensation calculations require technical knowledge, it is of great importance for accident victims to seek professional support from a compensation law lawyer as soon as possible in order to avoid loss of rights.