When a traffic accident causes loss of life and property, it creates multiple legal liabilities. For material and moral compensation claims, Road Traffic Law (KTK) no. 2918 art.85-100 and Turkish Code of Obligations no. 6098 art.49 et seq. It creates a common framework.
Legal Nature of Liability
Liability in a traffic accident is in the nature of danger liability (KTK art. 85). If a person dies or is injured or something is damaged due to the operation of the vehicle, the operator of the vehicle is responsible for this damage. In order for the operator to be exempt from liability, it must prove that the accident was caused by force majeure, the serious fault of the injured party or the third party (KTK art. 86).
What Claims Can Be Made?
- Loss of earnings due to temporary incapacity
- Prospective loss of earnings due to permanent disability
- Treatment expenses
- Carer expense (according to disability rate)
- Pecuniary damage (TBK article 56)
- Compensation for loss of support in case of death - spouse, child, parents (TBK article 53)
- Vehicle value loss and repair expenses
Animosity — Against Whom to File a Lawsuit?
There may be more than one defendant in a traffic accident; Correct hostility is critical:
Misdirection of hostility leads to dismissal of the case; Therefore, all possible culprits should be identified from the beginning.
Application to Insurance Company - Case Requirement
According to KTK Article 97/2, a written application must be made before filing a lawsuit against the traffic insurance company. If the insurance company does not make an offer or rejects the request within 15 business days from the application date, a lawsuit will be filed.
Jurisdictional and Competent Court
- Officer: Civil Court of First Instance (HMK art.2). If it is filed against the insurance company, the Commercial Court of First Instance may also have jurisdiction (TTK article 4 - disputes arising from the insurance contract are strictly commercial).
- Authority: The defendant's place of residence, the place where the accident occurred or the court of the injured party's place of residence (KTK art. 110).
Timeout
There is a dual statute of limitations of 2 years and 10 years in compensation cases arising from traffic accidents (KTK art. 109/1):
- 2 years from the date on which the injured party learns about the damage and the perpetrator
- In any case, 10 years from the date of the accident
If the accident constitutes a crime according to criminal laws (negligent injury, causing death by negligence - TCK art. 85, art. 89), extended criminal statute of limitations is applied (TBK art. 72/2). In practice, this period may extend the case up to 8 years.
Fault Detection and Expert Witness
The distribution of fault for the accident is usually determined by the traffic expert during the litigation phase. Police report, accident report, camera records and witness statements are evaluated. In accordance with the jurisprudence of the 17th Court of Appeals of the Supreme Court and later the 4th Court of Appeals of the Court of Appeals, detection of flaws in the police report is not binding on the court; The court determines fault according to the expert report at its own discretion.
Financial Compensation Account
In case of permanent disability, compensation is calculated with an actuary expert report. Account parameters:
- Victim's age and life expectancy (PMF 1931 / TRH 2010 life table)
- Disability rate (Regulation on Disability and Measurement)
- Active working period (usually 60-65 years)
- Passive period (in-home support calculated from minimum wage after active)
- Contributory fault (discount if any)
Compensation for Lack of Support
In case of death, spouse, children and parents may request it. The spouse's share ends with the possibility of marriage, not with death (the "marriage chance" deduction); The share of children is calculated fully until the age of 18, and after that, if education continues, up to certain age limits (the distinction between boys and girls is abolished).
Practical Notes
- A lawyer should be consulted before signing the offer received from the insurance company; advance settlement minutes may limit the right to additional compensation in the future.
- Objection to the determination of fault in the accident report should be made in the first weeks after the accident.
- Pecuniary damage must be requested in a single lawsuit; It is not possible to file an additional non-pecuniary damage lawsuit later.
Traffic accident compensation cases are a technical field due to the correct hostility management and account details. It is recommended that the process be carried out with professional legal support from the very beginning.