This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Ölümlü Trafik Kazası: Destekten Yoksun Kalma Tazminatı.
After a fatal road accident the family may claim damages for loss of support, funeral costs, treatment costs incurred before death, and non-pecuniary damages. The claim goes first to the compulsory motor insurer of the vehicle at fault; proceedings follow for whatever is not met. Because the act is also an offence, the longer criminal limitation period applies (Article 72 of the Code of Obligations).
After a fatal accident, the legal process is the last thing a family wants to think about. But time starts running, and delay in some steps causes losses that cannot be made good.
This article covers who can claim, what support means in law, and how the insurance and court routes work.
Who Can Claim?
Article 53 of the Code of Obligations lists the losses recoverable on death: funeral costs, treatment costs and losses from reduced earning capacity where death was not immediate, and the losses suffered by those deprived of the deceased's support.
The critical point: the right to claim arises not from being an heir but from actually having been supported. Someone who is not an heir may claim if they were supported; an heir who was not supported may not.
In practice a presumption of support is accepted for the spouse, the children and the parents. A fiancé(e), a stepchild or a relative actually cared for may also claim, on proving that they were supported in fact.
Support need not be financial: a contribution in housework or care can also count.
The Heads of Claim
- Damages for loss of support — calculated on the deceased's income, age, probable working life and the share of support
- Funeral and burial costs
- Treatment costs, where death was not immediate
- Non-pecuniary damages for the grief and distress of the family
Calculating loss of support requires actuarial knowledge: the deceased's income, life tables, the shares of support and any degree of fault are weighed together. So the claim should ask for an actuarial expert's report.
The degree of fault matters here too: where the deceased was partly at fault, the damages are reduced accordingly.
| Head | Who may claim | Provision |
|---|---|---|
| Damages for loss of support | Those actually deprived of the deceased's support | Art. 53/3 |
| Funeral costs | Whoever actually paid them | Art. 53/1 |
| Treatment costs before death | Whoever met them | Art. 53/2 |
| Non-pecuniary damages | The deceased's close relatives | Art. 56/2 |
Damages for loss of support rest on having actually been supported, not on being an heir: a relative who is not an heir may claim on proving support.
The Insurer First, Then the Court
The first party to approach is the compulsory motor insurer of the vehicle at fault. Cover for death is limited by the policy limit, which is updated each year.
A written application to the insurer is required; proceedings brought without it can run into procedural difficulty. If the application produces nothing, the Insurance Arbitration Commission or the courts are open.
Where the policy limit does not meet the loss, proceedings for the balance are brought against the driver at fault and the operator of the vehicle, who are liable together.
The documents needed: the accident report, the death certificate, the certificate of inheritance, documents showing the deceased's income, the population register extract, and any papers from the criminal investigation.
Limitation
The general rule in tort is two years from learning of the loss and the wrongdoer, and ten years from the act in any event.
But in a fatal accident the act is also an offence — causing death by negligence. Under Article 72, where the criminal law prescribes a longer limitation period, that period applies.
That is an important rule in the family's favour: having passed two years does not by itself defeat the claim.
Waiting, on the other hand, costs evidence: camera recordings are deleted, witnesses forget, vehicles are repaired. Long as the period is, acting early matters.
How the Criminal File Affects the Claim
In a fatal accident the prosecutor opens an investigation of their own motion; no complaint is needed. The family may join the file as an intervening party.
The advantage of joining: you can follow the file, ask for evidence to be gathered, and appeal the decision. Apply for that status at the outset.
The expert report on fault in the criminal file is used in the civil claim as well. Challenging the finding on fault during the criminal investigation therefore affects the outcome of the damages claim directly.
In a fatal accident the act is also an offence, so the longer criminal limitation period applies under Article 72. But evidence disappears long before the period does — join the criminal file as an intervening party and challenge the finding on fault while it is still open.
Frequently Asked Questions
Who can claim damages for loss of support?
Anyone actually deprived of the deceased's support, whether or not they are an heir. Support is presumed for the spouse, children and parents; others must prove it.
Does support have to be money?
No. A contribution in housework or care can also count as support.
Do I claim from the insurer or sue?
Apply in writing to the compulsory motor insurer of the vehicle at fault first. If that fails, go to the Insurance Arbitration Commission or the courts; sue the driver and the operator for anything above the policy limit.
Is the claim barred after two years?
Not in a fatal accident. Because the act is also an offence, the longer criminal limitation period applies.
Should we join the criminal case?
Yes — as an intervening party, from the outset. It lets you follow the file, ask for evidence and appeal, and the finding on fault there feeds directly into the damages claim.