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Anasayfa Makaleler Traffic Law

Mutual Fault in Traffic Accident: Division of Compensation

23 Nisan 2026 Traffic Law 1 dk okuma 59 görüntülenme

If both parties are at fault in a traffic accident, the compensation is divided in proportion to the fault.

Fault Detection

  • Accident detection report
  • Court expert (traffic expert)
  • Forensic Medicine Institute (in case of fatal accident)
  • Insurance expert

Calculation Example

A is 70% defective, B is 30% defective. If A has a loss of 100,000 TL: He can claim 100,000 × 30% = 30,000 TL (perfect part).

Pertotal Approach

Each party demands from the other in proportion to its own damage. Recourse is made through subrogation between insurers.

100% Fault

The unilaterally at fault party cannot receive compensation, even pays to the other party.

Supreme Court 17. HD

17. HD adopts that the "traffic engineer expert" report should be taken as basis in determining fault, and that the accident report is not definitive evidence. crossing/route

Traffic compensation lawyer recommended.

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