Compensation Lawsuit After a Traffic Accident

Compensation Lawsuit After a Traffic Accident: Your Rights, the Legal Process, and Key Considerations

Traffic accidents are serious incidents that affect the lives of dozens of people across Turkey every day. Victims of such accidents suffer not only physically, but also psychologically and financially. In such cases, it is crucial for victims to understand their legal rights and take effective steps to protect them. This is where a compensation lawsuit due to a traffic accident becomes essential.

In this article, we explain in detail who can file a compensation claim after a traffic accident, under what conditions, against whom, and how the legal process works.

1. What Is the Legal Basis for Compensation After a Traffic Accident?

According to the Turkish Code of Obligations and the Highway Traffic Law, if a person causes damage to another through fault or negligence, they are obliged to compensate for that damage. The same principle applies to traffic accidents: the at-fault party is responsible for covering the damages.

Compensation includes not only physical damage to the vehicle at the time of the accident but also any subsequent financial and emotional damages. Those injured or the relatives of those who die in the accident can claim both material and moral compensation.

2. What Types of Compensation Can Be Claimed?

The main types of compensation that can be claimed after a traffic accident include:

a) Material Compensation

Medical Expenses: Hospital, medication, surgery, physiotherapy, and other healthcare costs.
Loss of Earning Capacity: Income loss due to temporary or permanent disability.
Vehicle Depreciation: Loss of market value even if the vehicle has been repaired.
Loss of Earnings: Decrease in income due to inability to work, job loss, or job change.

b) Moral Compensation

This type of compensation is awarded due to the emotional pain, suffering, fear, and psychological effects caused by the accident. In cases of death or serious injury, the victim's family members may also claim moral damages.

c) Compensation for Loss of Support

If the deceased was financially supporting family members (spouse, children, parents), these dependents may claim compensation for the loss of that support.

3. Who Can File a Compensation Lawsuit?

Anyone who is directly or indirectly affected by the traffic accident can file a lawsuit, including:

The person injured in the accident,
Relatives and legal heirs of the deceased,
Dependents who lost financial support (e.g., spouse, children, parents),
The vehicle owner or driver (if not at fault),
Passengers in the vehicle,
Pedestrians affected by the accident.

4. Who Can the Lawsuit Be Filed Against?

A compensation lawsuit can be filed against multiple individuals or institutions, such as:

The at-fault driver,
The registered owner of the vehicle,
The insurance company (under compulsory traffic insurance),
The employer or business (if the vehicle was used for commercial purposes).

Insurance companies are liable within the limits of the compulsory traffic insurance policy. Therefore, a portion of the damages is claimed from the insurer, and the rest can be claimed from the responsible individual or business. Moral compensation is usually claimed directly from the party responsible for the accident.

5. Fault Rate and Its Impact on Compensation

The degree of fault in causing the accident directly affects the amount of compensation. A driver who is entirely at fault is fully responsible for all damages, whereas if the victim is partially at fault, the compensation is reduced proportionally.

Fault rates are determined based on police reports, witness statements, security camera footage, and expert evaluations. That’s why collecting proper evidence immediately after the accident is critically important.

It’s also important to understand that fault determination is not absolute. Fault may be revised during the investigation or prosecution phase. If you have any doubts regarding fault, working with an experienced attorney can be vital to protecting your rights. The accident report is prepared by law enforcement and is considered only as initial evidence by the Supreme Court of Appeals. Fault can be re-evaluated at any stage of the legal proceedings. Collaborating with a skilled insurance lawyer can make a significant difference in obtaining the full compensation you deserve.

6. Statute of Limitations in Compensation Lawsuits

In general, the statute of limitations for filing a traffic accident compensation lawsuit is:

2 years from the date the damage and responsible party are discovered,
10 years from the date the incident occurred.

However, if the accident also constitutes a criminal offense (such as causing injury or death by negligence), the criminal statute of limitations applies, which is usually longer. Therefore, consulting a lawyer is essential to avoid losing your legal rights.

7. Application to the Insurance Company

Before filing a lawsuit, a pre-application must be submitted to the compulsory traffic insurance provider. If the insurance company fails to make a payment within 15 days, or if the offered amount is inadequate, a lawsuit can then be filed.

When applying to the insurance company, the following documents should be submitted:

Police accident report,
Hospital reports,
Proof of income,
Invoices for treatment costs.

8. Why Work with a Traffic Accident Lawyer?

To ensure full and fair compensation, the legal process must be managed by experienced professionals. Otherwise, you may have to settle for significantly less than what you are entitled to.

A traffic accident lawyer can:

Challenge fault determinations,
Analyze expert reports,
Negotiate effectively with insurance companies,
Ensure all procedures are properly followed before filing a lawsuit,
File a case in court to claim all material and moral compensation you deserve.

9. We Provide Legal Services Across Turkey

No matter where your accident occurred—whether in Istanbul, Ankara, Izmir, Antalya, Alanya, Adana, Bursa, or any other city—we provide legal consultancy and case management services throughout Turkey. Our expert team is ready to protect your rights effectively.

Conclusion: If You’re a Traffic Accident Victim, Know Your Rights

Traffic accidents may be a fact of life, but losing your rights doesn't have to be. You can take legal action to claim the compensation you rightfully deserve. Getting professional legal support can make a significant difference in the outcome.

???? For more information and to initiate the legal process, feel free to contact us. We’re here to support you—nationwide.