Compensation due to a traffic accident.

Who can file a compensation claim due to a traffic accident?

If an injury occurs in a traffic accident, the injured person themselves can file a lawsuit for both material and moral damages. The injured person can claim material compensation for the loss of earning capacity they will suffer throughout their working life due to disability; and moral damages for the grief, sorrow, and distress they experienced as a result of the traffic accident. If a serious bodily injury occurs as a result of a traffic accident, the relatives of the injured person (mother, father, spouse, children, fiancé) can also file a lawsuit for only "moral damages" (Turkish Code of Obligations, Article 56). In the practice of the Supreme Court of Appeals, "serious bodily injury" is considered to be when the injured person suffers limb loss or is unable to perform vital functions. For example, the loss of an eye, the amputation of an arm or leg, etc., are considered serious bodily injuries.

In fatal traffic accidents, anyone who received support from the deceased during their lifetime can file a claim for material and moral damages. If the deceased was married, it is presumed that they provided support to their spouse and children; if single, it is presumed that they provided support to their parents. In other words, these individuals do not need to prove that they benefited from the deceased's support. However, for any close relative of the deceased, such as a fiancé, uncle, or aunt, to claim compensation (loss of support) due to a traffic accident, they must prove that they received support from the deceased during their lifetime.

Against whom can a compensation lawsuit be filed due to a traffic accident?

Since traffic accidents are considered torts by their legal nature, lawsuits for material and moral damages are filed against those responsible for the tort. However, there are also those liable for compensation in traffic accidents other than those who directly committed the tort. In the event of death, injury, or any property damage as a result of a traffic accident, a lawsuit for material and moral damages can be filed against the following individuals:

Insurance companyAccording to Article 91 of the Highway Traffic Law, the insurance company that provided the Compulsory Motor Vehicle Liability Insurance (Traffic Insurance) or, depending on the policy, the Optional Motor Vehicle Liability Insurance (Comprehensive Insurance) for the vehicle involved in a traffic accident is also liable for death, injury, or other damages (Traffic Law Article 91). According to Article A-1 of the General Conditions of Compulsory Motor Vehicle Liability Insurance, the insurer provides coverage, up to the compulsory insurance limits, for the legal liability of the operator, as defined in this policy, arising from causing death or injury to a person or damage to property during the operation of the motor vehicle, in accordance with the Highway Traffic Law No. 2918.

Driver of the vehicleA compensation lawsuit can be filed against the driver of the vehicle at fault in a traffic accident (Turkish Code of Obligations, Article 49).

Vehicle OwnerThe vehicle owner (Article 3 of the Traffic Law) is, as a rule, considered the operator of the vehicle and therefore has liability for compensation due to traffic accidents (Article 85/1 of the Traffic Law No. 2918).

Vehicle Operator: Since the operator of a vehicle involved in a traffic accident is also liable for all resulting damages, a lawsuit for material and moral damages can also be filed against the operator (Turkish Traffic Law No. 2918, Article 85/1). The person listed as the owner of the vehicle in the traffic registration records is also considered the operator of the vehicle. The vehicle owner can be relieved of liability if they can prove that they did not have actual control over the vehicle, that someone else incurred expenses for the vehicle, or that the economic interest in the vehicle belonged to someone else, and that they did not have the status of operator. If the motor vehicle is operated under the name or business name of an enterprise or with a ticket issued by such an enterprise, the operator of the vehicle is liable for the resulting damage. If it is proven that another person operated the vehicle on their own account and at their own risk and had actual control over the vehicle, that person is also considered the operator (Supreme Court of Appeals, 2015/2890 decision).

Is it possible to sue only the insurance company?

Highway Traffic Law madde 97 uyarınca  “ Zarar gören, zorunlu mali sorumluluk sigortasında öngörülen sınırlar içinde doğrudan doğruya sigortacıya karşı dava da açılabilir” hükmünü ihtiva etmektedir. Bu sebeple trafik kazası sonucunda sakatlanan veya engelli sağlık raporu bulunan kişiler bakımından her ne kadar başvuru yoluyla tazminat almak mümkünse de ; gerçek zarar her zaman sigorta şirketlerinin yaptığı hesaplamadan çok daha yüksek çıkmaktadır. Açılacak dava neticesinde Yargıtay’ın hesap kriterleri ve adli tıp raporları doğrultusunda tazminat hesaplamaları yapılmasında mağdurların yararı bulunmaktadır. Zira sigorta şirketlerin teklifleri ile açılan dava neticesinde hesaplanan miktar arasında bazen iki kata yakın fark olmaktadır. Burada araç sigorta ve kaskosu yapılırken, uygun fiyatlı tekliflere yönelmek yerine trafik kazalarında maddi ve manevi tazminat olarak da güvence veren şirketlerle poliçe yapmanın önemini de belirtmiş olalım.

Procedure for Compensation Cases Arising from Traffic Accidents:

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.

Sonuç itibariyle; Trafik kazası tespit tutanaklarına itiraz edilmesi, kusur oranlarının doğru tayin edilmesi ve sigorta şirketlerinin eksik ödemelerine karşı tahkim sürecinin yürütülmesi oldukça teknik aşamalardır. Sürecin en başından itibaren usul hatası yapmamak ve hak kaybına uğramamak adına profesyonel bir yardım alınması hayati önem taşır.

Ephesus Law aspect, İzmir trafik kazası avukatı kadromuzla yaralanmalı ve ölümlü trafik kazalarından doğan tazminat süreçleri, sigorta tahkim komisyonu başvuruları ve değer kaybı taleplerinde müvekkillerimize profesyonel destek sunmaktayız. Haklarınızın eksiksiz tahsil edilmesi ve yasal takibin titizlikle yürütülmesi için Karşıyaka lokasyonunda hizmet veren Izmir Karşıyaka lawyer ekibimizle dilediğiniz zaman iletişime geçebilirsiniz.

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