{"id":6137,"date":"2026-05-23T09:00:00","date_gmt":"2026-05-23T06:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=6137"},"modified":"2026-06-04T18:24:29","modified_gmt":"2026-06-04T15:24:29","slug":"trafik-kazasi-tazminat","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/trafik-kazasi-tazminat\/","title":{"rendered":"Compensation due to a traffic accident."},"content":{"rendered":"
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\"Trafik<\/figure>\n<\/div>\n\n\n
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Compensation due to a traffic accident.<\/h2>\n\n\n\n

Meydana gelen trafik kazalar\u0131 sebebiyle ma\u011fdur olan ki\u015filer veya yak\u0131nlar\u0131 hem sigorta \u015firketine hem de kazaya kar\u0131\u015fan ki\u015fiye kar\u015f\u0131 a\u00e7arak tazminat kazanabilmektedir. Tazminat davalar\u0131ndaki taleplerin ayr\u0131m\u0131, meydana gelen kazan\u0131n yaralanmal\u0131 , \u00f6l\u00fcml\u00fc olup olmad\u0131\u011f\u0131na g\u00f6re de\u011fi\u015fecektir. Tazminat miktar\u0131n\u0131n bir \u00fcst s\u0131n\u0131r\u0131 olmamakla birlikte, tazminat davas\u0131n\u0131n kazan\u0131lmas\u0131 noktas\u0131nda kusur tespiti yap\u0131larak h\u00fck\u00fcm kurulmaktad\u0131r. Detayland\u0131racak olursak:<\/p>\n<\/div>\n<\/div>\n\n\n\n

Who can file a compensation claim due to a traffic accident?<\/h3>\n\n\n\n

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, fianc\u00e9) 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.<\/p>\n\n\n\n

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 fianc\u00e9, 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.<\/p>\n\n\n\n

Against whom can a compensation lawsuit be filed due to a traffic accident?<\/h3>\n\n\n\n

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:<\/p>\n\n\n\n

Insurance company<\/strong>According 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.<\/p>\n\n\n\n

Driver of the vehicle<\/strong>A compensation lawsuit can be filed against the driver of the vehicle at fault in a traffic accident (Turkish Code of Obligations, Article 49).<\/p>\n\n\n\n

Vehicle Owner<\/strong>The 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).<\/p>\n\n\n\n

Vehicle Operator:<\/strong> 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).<\/p>\n\n\n\n

Is it possible to sue only the insurance company?<\/h3>\n\n\n\n

Highway Traffic Law <\/a>madde 97 uyar\u0131nca  \u201c Zarar g\u00f6ren, zorunlu mali sorumluluk sigortas\u0131nda \u00f6ng\u00f6r\u00fclen s\u0131n\u0131rlar i\u00e7inde do\u011frudan do\u011fruya sigortac\u0131ya kar\u015f\u0131 dava da a\u00e7\u0131labilir\u201d h\u00fckm\u00fcn\u00fc ihtiva etmektedir. Bu sebeple trafik kazas\u0131 sonucunda sakatlanan veya engelli sa\u011fl\u0131k raporu bulunan ki\u015filer bak\u0131m\u0131ndan her ne kadar ba\u015fvuru yoluyla tazminat almak m\u00fcmk\u00fcnse de ; ger\u00e7ek zarar her zaman sigorta \u015firketlerinin yapt\u0131\u011f\u0131 hesaplamadan \u00e7ok daha y\u00fcksek \u00e7\u0131kmaktad\u0131r. A\u00e7\u0131lacak dava neticesinde Yarg\u0131tay\u2019\u0131n hesap kriterleri ve adli t\u0131p raporlar\u0131 do\u011frultusunda tazminat hesaplamalar\u0131 yap\u0131lmas\u0131nda ma\u011fdurlar\u0131n yarar\u0131 bulunmaktad\u0131r. Zira sigorta \u015firketlerin teklifleri ile a\u00e7\u0131lan dava neticesinde hesaplanan miktar aras\u0131nda bazen iki kata yak\u0131n fark olmaktad\u0131r. Burada ara\u00e7 sigorta ve kaskosu yap\u0131l\u0131rken, uygun fiyatl\u0131 tekliflere y\u00f6nelmek yerine trafik kazalar\u0131nda maddi ve manevi tazminat olarak da g\u00fcvence veren \u015firketlerle poli\u00e7e yapman\u0131n \u00f6nemini de belirtmi\u015f olal\u0131m.<\/p>\n\n\n\n

Procedure for Compensation Cases Arising from Traffic Accidents:<\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

Procedure in Criminal Cases Arising from Traffic Accidents<\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Sonu\u00e7 itibariyle; Trafik kazas\u0131 tespit tutanaklar\u0131na itiraz edilmesi, kusur oranlar\u0131n\u0131n do\u011fru tayin edilmesi ve sigorta \u015firketlerinin eksik \u00f6demelerine kar\u015f\u0131 tahkim s\u00fcrecinin y\u00fcr\u00fct\u00fclmesi olduk\u00e7a teknik a\u015famalard\u0131r. S\u00fcrecin en ba\u015f\u0131ndan itibaren usul hatas\u0131 yapmamak ve hak kayb\u0131na u\u011framamak ad\u0131na profesyonel bir yard\u0131m al\u0131nmas\u0131 hayati \u00f6nem ta\u015f\u0131r.<\/p>\n\n\n\n

Ephesus Law<\/strong> aspect, \u0130zmir trafik kazas\u0131 avukat\u0131<\/strong> kadromuzla yaralanmal\u0131 ve \u00f6l\u00fcml\u00fc trafik kazalar\u0131ndan do\u011fan tazminat s\u00fcre\u00e7leri, sigorta tahkim komisyonu ba\u015fvurular\u0131 ve de\u011fer kayb\u0131 taleplerinde m\u00fcvekkillerimize profesyonel destek sunmaktay\u0131z. Haklar\u0131n\u0131z\u0131n eksiksiz tahsil edilmesi ve yasal takibin titizlikle y\u00fcr\u00fct\u00fclmesi i\u00e7in Kar\u015f\u0131yaka lokasyonunda hizmet veren Izmir Kar\u015f\u0131yaka lawyer<\/strong> ekibimizle diledi\u011finiz zaman ileti\u015fime ge\u00e7ebilirsiniz.<\/p>\n\n\n\n

For legal advice on this matter, please contact our expert team. Contact<\/a><\/span> <\/a>page.<\/p>\n\n\n\n

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