After a traffic accident, injured parties may claim their pecuniary losses under the other party's compulsory motor liability (traffic) insurance. However, filing a lawsuit directly is not possible; the law requires an application to the insurer first.
Apply to the insurer first
Under Article 97 of the Highway Traffic Law, the injured party must apply to the insurer in writing before filing a lawsuit or going to arbitration. If the insurer does not respond within fifteen days, or the response is insufficient, the injured party may file a lawsuit or apply to the Insurance Arbitration Commission.
Which losses can be claimed?
- Vehicle damage: Repair costs and the loss of value of the vehicle.
- Medical expenses: Documented treatment costs caused by the accident.
- Incapacity: Loss of earnings due to temporary or permanent incapacity (disability).
- Loss of support: In fatal accidents, the loss suffered by relatives deprived of the deceased's support.
- Non-pecuniary damages: Not covered by traffic insurance; claimed from the driver at fault and the vehicle's operator.
Which documents are needed?
The accident report or police report, registration and licence details, photographs of the damage, repair invoices, hospital records and, for injuries, a disability report form the basis of the application. The insurer's offer is calculated on these documents and the fault ratio.
Limitation periods
Compensation claims become time-barred two years after the injured party learns of the loss and the person responsible, and in any event ten years after the accident. If the event also constitutes a criminal offence with a longer limitation period, that longer period applies. Where the other vehicle is uninsured or cannot be identified, an application can be made to the Guarantee Account (Güvence Hesabı).
This article is for general information only; we recommend consulting a lawyer about your specific situation.