Traffic Accident Lawyer

As a traffic accident lawyer in Mersin, I pursue compensation claims for people who have been injured in a traffic accident, lost a loved one or had their vehicle damaged, against insurance companies, the motor insurance compensation fund (Güvence Hesabı) and the at-fault driver and the vehicle’s registered keeper (araç işleteni). Three elements determine the outcome of traffic accident cases: correctly establishing the degree of fault, documenting the loss in full, and making the applications to the right authority within the statutory time limits.

On this page you can find which types of compensation can be claimed after a traffic accident, how to make an insurance claim, the difference between the Insurance Arbitration Commission and the courts, the limitation periods and how the process works in Mersin.

What Compensation Can Be Claimed After a Traffic Accident?

Losses arising from a traffic accident are claimed under different heads depending on the type of loss:

• Medical expenses: Costs such as hospital, surgery, medication, physiotherapy and prostheses.
• Compensation for temporary incapacity: Loss of income during the period of treatment when the person could not work.
• Compensation for permanent incapacity (disability): Compensation calculated according to the disability rate if the accident caused a permanent disability.
• Carer costs: Where the injured person has become dependent on the care of others.
• Compensation for loss of support (destekten yoksun kalma tazminatı): For the spouse, children and other relatives deprived of the support of the person who died in the accident.
• Funeral expenses.
• Vehicle damage, vehicle depreciation and loss of use of the vehicle.
• Moral damages (manevi tazminat): Compensation for the pain and suffering of the injured person or their relatives. Moral damages are not covered by compulsory traffic insurance; they are claimed from the at-fault driver and the vehicle’s registered keeper.

In calculating material compensation, the injured person’s age, income, degree of fault and disability rate are assessed together; in most cases the calculation is made by a court-appointed actuarial expert (bilirkişi). You can roughly calculate the loss in value of your vehicle with the vehicle depreciation estimation tool.

Who Is Compensation Claimed From?

• The compulsory motor third-party liability (traffic) insurance of the other vehicle: Covers bodily injury and material damage within the coverage limits of the policy.
• The at-fault driver and the vehicle’s registered keeper: Liable for losses exceeding the insurance limit and for moral damages; the driver and the registered keeper are jointly and severally liable.
• The motor insurance compensation fund: Under certain conditions, covers bodily injury caused by vehicles involved in an accident that have no insurance or cannot be identified (hit-and-run).
• Voluntary additional liability insurance (ihtiyari mali mesuliyet) or comprehensive insurance (kasko): May provide additional cover depending on the scope of the policy.

How to Make a Claim to the Insurance Company

Before filing a lawsuit against the compulsory traffic insurer or going to the Insurance Arbitration Commission, a written application must be made to the insurance company. If the insurance company does not respond to the application within 15 days or pays less than the full amount, a lawsuit or arbitration can be pursued. The following documents are usually attached to the application:

• The accident report form or the police or gendarmerie accident report
• Copies of the vehicle registration and driving licence, and policy details
• Hospital records, discharge summary (epikriz) and treatment documents
• A medical board report showing the disability rate
• Proof of income (payslips, social security records)
• In the event of death, the death certificate and the certificate of inheritance
• For vehicle damage, the damage assessment report, invoices and photographs

Care should be taken with the release forms (ibraname) signed when accepting a payment from the insurance company; a release that accepts an incomplete payment as “full and final” can make it difficult to claim the remaining amount.

Insurance Arbitration Commission or the Courts?

Where the insurance company has paid an incomplete amount or rejected the application, there are two routes:

• Insurance Arbitration Commission (Sigorta Tahkim Komisyonu): Available for disputes where the insurance company is a member of the Commission. The process is generally faster than going to court; decisions below a certain amount are final, while those above it can be objected to and appealed.
• The courts: A lawsuit is more suitable if compensation is to be claimed from the at-fault driver and the registered keeper as well as the insurance company, if moral damages are to be claimed, or if the dispute is complex.

Which route to choose depends on the amount claimed, who the opposing parties are, the state of the evidence and how pressing the time limits are.

Degree of Fault and the Disability Report

The two documents that most affect the amount of compensation are the fault report and the disability report. The assessment of fault in the accident report form is not binding on the court; if it is challenged, a new fault report can be obtained from a court-appointed expert or the Council of Forensic Medicine (Adli Tıp Kurumu). Compensation is reduced in proportion to the injured person’s own fault.

Where permanent disability is claimed, the disability rate is determined by a report obtained from authorised health institutions in accordance with the disability assessment legislation in force. Reports obtained before treatment is complete may not accurately reflect the permanent disability; the timing of the report is therefore important.

Limitation Periods

Compensation claims arising from traffic accidents become time-barred two years after the injured party learns of the loss and the person liable, and in any event ten years after the date of the accident. If the accident also constitutes a criminal offence subject to a longer limitation period under criminal law, that longer period applies. The process should be started early so that the deadlines for applying to the insurance company and for filing a lawsuit are not missed.

The Criminal Law Aspect of a Traffic Accident

In traffic accidents involving injury or death, an investigation is opened for the offences of negligent injury (Turkish Criminal Code (TCK) Art. 89) or negligent homicide (TCK Art. 85). Simple cases of negligent injury are prosecuted only upon complaint and fall within the scope of victim-offender mediation (uzlaştırma); in cases of conscious negligence and those with serious consequences, no complaint is required. The fault report and statements obtained in the criminal file are also used as evidence in the compensation case; the two processes should therefore be followed together.

How Does the Traffic Accident Compensation Process Work in Mersin?

Compensation lawsuits arising from traffic accidents can also be filed in the court of the place where the accident occurred. For this reason, for accidents that occurred in Mersin or in districts such as Tarsus, Erdemli, Silifke, Anamur and Mut, the case can be heard in Mersin. Whether the lawsuit is filed in the civil court of first instance (asliye hukuk mahkemesi) or the commercial court of first instance (asliye ticaret mahkemesi) depends on whether the defendant is the insurance company, the driver or the registered keeper. The criminal investigation is conducted by the Chief Public Prosecutor’s Office of the place where the accident occurred.

For injured persons and their relatives living outside Mersin, meetings can be held online; documents can be sent electronically and the case file is followed through UYAP, the national judicial IT system.

What to Do Immediately After an Accident

• If anyone is injured, call 112; in accidents involving injury, the police or gendarmerie should be called.
• In accidents involving only material damage, the parties need to complete an accident report form together; check the sketch and statements before signing the form.
• Record the accident scene, the position of the vehicles, the damage and the contact details of any witnesses.
• Go to hospital on the day of the accident or as soon as possible; late registration can lead to the link between the injury and the accident being disputed.
• Keep all invoices, reports and correspondence.
• Do not sign a payment offer or release proposed by the insurance company without a legal assessment.

What to Consider When Choosing a Traffic Accident Lawyer

Traffic accident cases require insurance legislation, fault and disability reports and actuarial calculations to be assessed together. The lawyer’s ability to plan the process from the insurance claim through to arbitration and the courts, and to challenge reports and calculations, directly affects the outcome of the case. Under professional ethics, the route to be followed, the likely timeframes and the cost items should be discussed openly at the first meeting, and no assurance should be given as to the outcome.

Frequently Asked Questions

Get an Assessment of Your Rights After a Traffic Accident

The first steps taken after a traffic accident directly affect the scope of the compensation that can be obtained. To have your situation assessed regarding the insurance claim, the fault and disability reports and the calculation of compensation, you can reach me through the contact page.