Recovery of material losses to a vehicle, property, or a person resulting from traffic accidents is based on several regulations, primarily the Highway Traffic Law (HTL) and the tort provisions of the Turkish Code of Obligations (TCO Art. 49 et seq.).
Against Whom Can a Lawsuit Be Filed?
A material compensation claim may be directed against the driver at fault, the operator of the vehicle (the vehicle's owner/operator), and, under HTL Art. 91, the insurance company providing compulsory third-party liability (traffic) insurance. In practice, an application is often first made to the insurance company; if the insurance company rejects the application or makes an insufficient payment, a lawsuit is then pursued.
Heads of Material Loss
A material compensation claim arising from a traffic accident generally consists of the following heads:
- Vehicle damage amount — The repair cost of the vehicle, or (where repair is not economical) the difference between salvage/market value.
- Loss of value — The decrease in the vehicle's second-hand market value due to having an accident record; accepted as a separate head of loss in Court of Cassation precedents.
- Loss of earnings — Loss of income arising from the vehicle being unusable during the repair period (particularly for commercial vehicles).
- Treatment and other expenses — If there is also personal injury in the accident, health expenses and related losses may additionally be claimed.
Determination of the Degree of Fault
The amount of compensation is calculated according to the degree of fault, determined by the accident report and, if necessary, an expert examination. The parties' degree of fault directly affects the amount of compensation that can be claimed; it should be remembered that a driver who is not entirely at fault may also claim compensation proportional to their own partial degree of fault.
Limitation Period
Under TCO Art. 72, compensation claims arising from a tort become time-barred 2 years from the date the injured party learns of the loss and the perpetrator, and in any event 10 years from the date the act occurred. If the accident also constitutes a criminal offense, the longer criminal-case limitation period provided for in the criminal laws may apply.
Conclusion
A material compensation lawsuit arising from a traffic accident is resolved based on the correct determination of the degree of fault and the complete presentation of the heads of loss. It is very important that preliminary discussions with the insurance company and the case process be conducted with attention to the limitation periods.
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