Introduction
Traffic accidents in Turkey are unfortunately common, and disputes arising from these incidents often lead to complex legal proceedings. For both Turkish citizens and foreign nationals, understanding the legal framework, liability principles, and available remedies is crucial. In this article, we will examine the rules governing traffic accident disputes in Turkey, the rights of injured parties, the responsibilities of drivers and insurers, and the practical steps to seek compensation.
Legal Framework Governing Traffic Incidents in Turkey
Several laws and regulations collectively govern traffic incidents in Turkey:
- Turkish Civil Code (Law No. 4721) – establishes liability rules based on fault and negligence.
- Turkish Code of Obligations (Law No. 6098) – regulates compensation claims for material and moral damages.
- Turkish Penal Code (Law No. 5237) – covers criminal responsibility of drivers in cases of injury or death.
- Highways Traffic Law (Law No. 2918) – sets traffic rules, penalties, and defines responsibilities of drivers and vehicle owners.
- Highways Traffic Regulation – provides detailed rules of road usage and obligations.
- Insurance Law and Compulsory Traffic Insurance (Zorunlu Mali Sorumluluk Sigortası) – ensures compensation for victims through mandatory insurance coverage.
Liability in Traffic Accidents
1. Driver’s Liability
- Drivers are generally liable if an accident occurs due to negligence, reckless driving, or violation of traffic rules.
- Liability can be reduced if contributory negligence of the injured party is proven.
2. Vehicle Owner’s Liability
- Even if not driving, the vehicle owner may be held responsible under “strict liability” (kusursuz sorumluluk) for damages caused by their vehicle.
3. Insurer’s Liability
- Every motor vehicle in Turkey must have Compulsory Traffic Insurance (MTPL).
- The insurer covers bodily injuries and material damages caused to third parties, within policy limits.
4. Criminal Liability
- Depending on the severity, traffic incidents may also trigger criminal cases (e.g., reckless injury under TCK 89 or reckless homicide under TCK 85).
Types of Damages in Traffic Accident Disputes
Victims of traffic incidents may claim:
- Material Damages
- Medical expenses, treatment costs, loss of income, disability compensation, vehicle repair costs.
- Moral (Non-Pecuniary) Damages
- Compensation for pain, suffering, and mental anguish.
- Loss of Support Compensation (Destekten Yoksun Kalma Tazminatı)
- For family members if the victim dies in an accident.
- Vehicle Deprivation Compensation (Araç Mahrumiyeti Tazminatı)
- Compensation for the period the damaged vehicle cannot be used.
Legal Remedies Available
1. Application to Insurance Company
- Victims must first apply to the insurer with all supporting documents (accident report, medical records, invoices).
- The insurance company must respond within 15 days.
2. Mediation (Zorunlu Arabuluculuk)
- For compensation claims above policy limits or disputes with insurers, mandatory mediation applies before filing a lawsuit.
3. Civil Lawsuits
- If mediation fails, victims may file a compensation lawsuit before Civil Courts of First Instance or Consumer Courts (if insurer involved).
- The statute of limitations is generally 2 years from the accident date and 10 years maximum from the event.
4. Criminal Complaints
- If there is reckless injury or death, victims may file a criminal complaint with the Public Prosecutor.
- Criminal and civil processes often run in parallel.
5. Enforcement Proceedings (İcra Takibi)
- If compensation is awarded but not paid, the creditor may initiate enforcement proceedings under the Execution and Bankruptcy Law (İİK).
Evidence in Traffic Disputes
To succeed in a traffic dispute, proper evidence is essential:
- Police accident report (trafik kaza tespit tutanağı)
- Witness statements
- Camera recordings (CCTV, dashcams)
- Expert reports (expertise on fault distribution, vehicle valuation, medical condition)
- Hospital/forensic medical records
Courts often rely on expert evaluations to determine liability and compensation amounts.
Practical Considerations for Foreign Nationals
- Foreigners involved in traffic incidents in Turkey have equal rights to compensation.
- If insured abroad, they may still rely on mandatory Turkish traffic insurance of the at-fault driver.
- Foreign judgments (e.g., compensation awarded abroad) may need recognition (tanıma) and enforcement (tenfiz) in Turkish courts.
- Legal representation by a local attorney is highly recommended for navigating insurance procedures and lawsuits.
Conclusion
Traffic incident disputes in Turkey involve a complex interaction of civil, criminal, and insurance law. Victims have multiple legal remedies, from insurance claims to court actions, supported by a well-established jurisprudence of Yargıtay. For foreigners, Free Zones and investment issues may be attractive, but in daily life, understanding traffic dispute resolution is equally vital.
With proper legal guidance, victims can successfully obtain compensation for their losses and protect their rights under Turkish law.
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