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Compensation due to a traffic accident.

Dilek Yavuz Uysal
Trafik Kazası Tazminat

Traffic Accident Compensation | Attorney Dilek Yavuz Uysal

Dilek Yavuz Uysal

Compensation due to a traffic accident.

Individuals or their relatives who are victims of traffic accidents can win compensation by filing lawsuits against both the insurance company and the person involved in the accident. The distinction in compensation claims will vary depending on whether the accident resulted in injury or death. While there is no upper limit to the amount of compensation, the decision to win a compensation lawsuit is based on determining fault. In other words, if the party filing the lawsuit and claiming compensation is found to be primarily at fault in causing the traffic accident, their lawsuit will be dismissed. To elaborate:

In fatal traffic accidents; The relatives of the deceased can claim financial compensation for loss of support, including funeral and burial expenses, as they have been deprived of the deceased's support. They can also claim moral damages for the grief, pain, and sorrow they have suffered.

In traffic accidents involving injuries; In traffic accidents resulting in injury, relatives of the injured person are not entitled to compensation for loss of support because the injured person's life continues. However, the injured person can claim compensation for lost income due to inability to work during the treatment period, reimbursement for treatment expenses, medication and hospital costs, and caregiver expenses. They can also claim moral damages for the grief and suffering experienced as a result of the accident. Regarding hospital expenses, it should be noted that the Supreme Court's opinion is that treatment in a private hospital is not a valid claim for compensation unless it is urgent and essential, and that having check-ups and examinations performed in a private hospital instead of a state hospital is considered malicious, as it aims to increase the amount of material compensation. If the person is seriously injured in a traffic accident, their relatives can only file a claim for "moral damages.".

In traffic accidents resulting in injury; The individual may claim compensation for material damages related to the loss of earning capacity that will occur depending on the degree of disability and the remaining years of their life, as well as treatment costs. They may also be entitled to compensation for moral damages due to the pain and suffering experienced. The degree of disability will determine the amount of compensation.

Is it possible to sue only the insurance company?

Highway Traffic Law Article 97 of the compulsory liability insurance policy states that "The injured party may file a lawsuit directly against the insurer within the limits stipulated in the compulsory liability insurance." Therefore, while it is possible to obtain compensation through legal action for individuals injured in traffic accidents or those with disability certificates, the actual damage is often much higher than the calculations made by insurance companies. It is in the victims' best interest to have compensation calculated according to the Supreme Court's calculation criteria and forensic medical reports in the event of a lawsuit. This is because the difference between the amount offered by insurance companies and the amount calculated in a lawsuit can sometimes be nearly double. It is also important to emphasize the need to choose insurance companies that provide coverage for both material and moral damages in traffic accidents, rather than simply opting for low-priced offers when purchasing vehicle insurance and comprehensive insurance.

Traffic Kmember SBecause of TAzminat Din their hunts İoperation:

A compensation lawsuit stemming from a traffic accident is a type of lawsuit filed by the injured party against those responsible for the accident, aiming to recover compensation for bodily harm such as death or injury, as well as damage to property such as houses, cars, and land belonging to third parties, in an accident involving at least one motor vehicle. In traffic accidents, there are other parties liable for compensation besides those who directly committed the wrongful act: the driver, the owner, the operator, and the insurance company. Therefore, when filing a compensation lawsuit, it is necessary to direct the lawsuit against all of these individuals. Otherwise, the lawsuit will be dismissed due to lack of a party. The statute of limitations for a traffic accident compensation lawsuit is 10 years. That is, a lawsuit can be filed within 10 years from the date of the traffic accident. The competent court for compensation lawsuits arising from traffic accidents is the civil court of first instance, and the authorized court is the court of the place where the accident occurred, the place of residence of the injured party, or the court of the location of the insurance company's headquarters.

Procedure in Criminal Cases Arising from Traffic Accidents

When a traffic accident occurs, a report is prepared detailing the circumstances, location, time, and the fault of the individuals or vehicles involved, and a criminal case is opened. During the trial, after hearing the claims and defenses of the parties, another fault assessment report is obtained to determine the degree of fault. If there is a discrepancy between the two reports, it is resolved. Otherwise, if the suspect is found to be grossly at fault in the criminal case, a sentence is imposed. Even if the sentence is low, if the court ruling is anything other than acquittal, a compensation lawsuit can be filed based on this court judgment. In other words, the party who is blameless or only slightly at fault in the accident can claim compensation based on this judgment.

If a crime occurs as a result of a traffic accident, the statute of limitations for criminal offenses also applies (Article 109/2 of the Traffic Law). In traffic accidents, if there is injury, the crime of negligent bodily harm occurs; if there is death, the crime of negligent homicide occurs. If there is death or injury as a result of a traffic accident, the statute of limitations for filing a claim for material and moral damages is the same as the statute of limitations for that crime as stipulated in the penal code. Even if the basic statute of limitations in the penal code has expired, if the criminal case is ongoing, i.e., if the "extended statute of limitations" in criminal law has come into effect, a claim for damages due to the traffic accident can be filed without being subject to any statute of limitations as long as the criminal case continues.

For legal advice on this matter, please contact our expert team. Contact page.

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