Compensation Rights in Traffic Accidents

Traffic accidents are events that occur frequently in our country and cause serious material and moral losses. It is of great importance for the people who are involved in the accident to know their compensation rights in order to eliminate the grievances. In this article, you can find basic information about the compensation rights in traffic accidents within the framework of the Turkish legal system.

Rights to Financial Compensation

1. Treatment Expenses

A person injured as a result of an accident can claim all expenses incurred for treatment. These expenses include hospital expenses, medication fees, physical therapy and rehabilitation services.

2. Loss of Working Power

In the event of temporary or permanent incapacity for work due to an accident, the victim is compensated for the loss of income suffered. In the case of temporary incapacity for work , the income not earned during the recovery period is calculated; in the case of permanent incapacity , the loss of future income is calculated based on the reduction in working capacity.

3. Vehicle and Property Damages

Repair costs or loss of value of vehicles and belongings damaged in the accident may be compensated. In the event of total loss , the market value of the vehicle may be claimed.

4. Compensation for Loss of Support

In accidents resulting in death, the dependents of the deceased (spouse, children, parents) may claim compensation for loss of support.

Rights to Non-Pecuniary Damages

Non-pecuniary damages may be claimed for the pain, distress and psychological effects experienced as a result of the accident. When determining the amount of compensation, the court takes into account the socio-economic status of the parties, their degree of fault and the impact of the incident.

Legal Basis for Compensation Claim

Turkish Code of Obligations (TBK): Compensation claims are regulated within the scope of tort liability (TBK art. 49-76).
Highway Traffic Law (KTK): The principles of liability and compensation arising from traffic accidents are determined (KTK art. 85-95).

Process for Filing a Compensation Claim

Determination of Fault: The fault rates of the parties are determined with the accident report and expert reports.
Application to the Insurance Company: A written application is made to the insurance company within the scope of compulsory traffic insurance and, if any, motor insurance policy.
Mediation Process: As of 2019, it is mandatory to apply to mediation before filing a lawsuit for compensation claims arising from traffic accidents.
Filing a Lawsuit: If an agreement cannot be reached during mediation, a lawsuit is filed with the competent court.

Statute of Limitations

Material and Non-Pecuniary Damages Cases: A lawsuit must be filed within 2 years from the date of learning about the tort and damage, and in any case, within 10 years from the date of the act (TBK Art. 72).
Penal Statute of Limitations: If the act also constitutes a crime and a longer statute of limitations is foreseen in the penal laws, this period applies.

Important Points

Fault Rate and Effect: When determining the amount of compensation, the fault rates of the parties are taken into account. Your own fault may reduce the compensation you will receive.
Collecting Documents and Evidence: Documents such as all medical reports, invoices, accident reports and eyewitness statements support the process.
Expert Legal Support: Compensation processes related to traffic accidents can be complicated. Getting support from an expert lawyer in the field prevents loss of rights.

Conclusion

Compensation rights in traffic accidents are of great importance for the victims to be compensated for the damages they have suffered. It will be beneficial to know the legal processes well and get professional support in order to protect your rights and take the right steps.

Note: This article is for general information purposes only and does not constitute legal advice. It is recommended that you consult a professional legal advisor for your specific circumstances.