This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Trafik Kazasında Tazminat Hakkı: Sigorta ve Hukuki Süreç.
Compensation after a traffic accident is fixed according to the apportionment of fault, and it is claimed from two different addressees: the other party's compulsory motor insurer for the part of the loss within the policy, and the driver at fault together with the vehicle operator for whatever the policy does not cover. The table below sets out which head is claimed from whom.
Traffic accidents cause physical, financial and personal harm alike. Knowing what to do afterwards is essential to protecting your right to compensation; many people, in the panic of the moment, take decisions that cost them dearly.
This article covers what to do immediately after an accident, the scope of compulsory motor insurance, the heads of compensation available, and what to do if the insurer does not pay.
What Should Be Done at the Scene?
The first minutes matter both for personal safety and for the legal process. Even in shock, try to follow these steps:
- Safety first. Move the vehicles to a safe part of the road; call the emergency services if anyone is injured. Do not move an injured person unless it is necessary.
- Call the police and have an accident report drawn up. The official report is the foundational evidence in any later claim. How fault is recorded in it matters a great deal; read it carefully before signing.
- Take photographs and video. The position of the vehicles, the damaged areas, road conditions, traffic signs and everything relevant. These are strong evidence both for the insurer and in court.
- Take witness details. Names and contact details of anyone who saw the accident; independent witness evidence can be decisive on fault.
- Record the vehicle and identity details. The other party's registration number, identity number, insurance policy details and contact information.
- Alcohol testing. If you believe the other driver has been drinking, have this recorded in the police report; it can affect the compensation directly.
What Does Compulsory Motor Insurance Cover?
Compulsory motor third-party liability insurance is required by law for every motor vehicle owner in Turkey. Its scope is widely misunderstood.
- What it covers. Loss caused by the insured to third parties (the other party and pedestrians), within defined limits. It does not cover damage to your own vehicle or to your own person.
- Own damage needs comprehensive cover. Damage to your own vehicle requires a comprehensive own-damage policy. Without one you may claim the damage from the other party's insurer — but only if the other party's fault is established.
- Notifying the insurer. Damage should be notified to the insurer within about ten days of the accident. That period is not a forfeiture period, but late notification makes your task of proof harder.
- The Guarantee Account. Where the other vehicle is uninsured, the driver has fled, or the insurer has become insolvent, a claim may be made to the Guarantee Account — a compensation fund operated within the insurance association for exactly these situations.
“The operator of a motor vehicle is liable to make good the loss arising from its operation.” — Highway Traffic Act, Article 85
What Compensation Can Be Claimed?
Loss falls under two main headings, pecuniary and non-pecuniary, and where there has been a death, damages for loss of support also arise.
- Pecuniary damages:
- the cost of repair, or the diminution in the vehicle's value
- treatment, surgery, medication and hospital costs
- wages and income lost through temporary incapacity for work
- compensation for permanent incapacity where there is lasting disability (fixed by actuarial calculation)
- the cost of a carer and of help in the home
- transport costs for the period without a vehicle
- Non-pecuniary damages: for the physical pain, psychological trauma and reduction in quality of life caused by the accident. The court assesses the amount having regard to the gravity of the events and the position of the injured party.
- Damages for loss of support: where a relative has died in the accident, on the ground that the economic support they provided is lost. A spouse, children and dependants may claim.
| Claim | Compulsory motor insurance | Driver at fault / operator |
|---|---|---|
| Treatment and recovery costs | Covered up to the policy limit | The excess over the limit |
| Temporary incapacity for work | Covered | The excess over the limit |
| Permanent incapacity (disability) | Covered | The excess over the limit |
| Loss of support (death) | Covered | The excess over the limit |
| Vehicle damage and repair costs | Covered | The excess over the limit |
| Diminution in the vehicle's value | Covered | The excess over the limit |
| Non-pecuniary damages | Not covered | Claimed only here |
Before bringing proceedings a written application must be made to the insurer and the period allowed for a reply must pass. If that produces nothing, the Insurance Arbitration Commission or the courts are open.
What If the Insurer Does Not Pay?
Refusal, or an inadequate offer, is common. Two routes are available:
- The Insurance Arbitration Commission. Established under the Insurance Act, it resolves insurance disputes quickly and cheaply. Its decisions are binding; a decision may be challenged before the Commission's own appeal panel, and for awards above the threshold set by the Act a further appeal to the Court of Cassation is available.
- An action in the civil courts. Proceedings may be brought in the civil court of first instance without going to arbitration. The two routes cannot be pursued at once; choosing one closes the other.
- Limitation. A claim arising from a traffic accident is time-barred two years after the accident and the person liable become known, and in any event ten years after the accident. Where the accident also constitutes an offence carrying a longer criminal limitation period, that longer period applies.
Do not accept the insurer's first offer straight away. An agreement made before all your losses are clear, and without advice, prevents you from claiming anything further. Have the damage assessed first, then negotiate with legal support.