Traffic accidents are unfortunately common in Turkey, especially in large cities and on intercity highways. For foreigners (tourists, expatriates, drivers of foreign-plated vehicles or rental cars), it is important to understand not only what to do at the scene, but also how the insurance, compensation and criminal procedures work under Turkish law.
1. Legal Framework and Compulsory Insurance
Traffic accidents in Turkey are mainly governed by:
- Highway Traffic Law No. 2918
- Turkish Code of Obligations (tort and compensation rules)
- Turkish Penal Code (negligent injury and negligent homicide)
- Rules on compulsory traffic insurance (“zorunlu trafik sigortası”)
All motor vehicles using Turkish roads must have compulsory third-party liability insurance. This insurance covers material damage and bodily injury caused to third parties, up to statutory limits.
If you are driving a rental car, the car will normally be insured. If you bring a foreign-plated vehicle, you must have valid international insurance (e.g. Green Card) or take out appropriate cover at the border or inside Turkey.
2. What To Do Immediately After the Accident
After a collision, you should:
- Ensure safety: Switch on hazard lights, move to a safe place if possible and call 112 (emergency line) if there are injuries.
- Determine whether there is injury or death:
- If there is any injury or suspicion of injury, you must call the police or gendarmerie and wait for them to prepare an official accident report.
- For accidents with only material damage, and if certain conditions are met, the parties may fill in a Driver’s Accident Report Form instead of waiting for the police.
The Driver’s Accident Report Form is a standard form used in Turkey. In purely material-damage accidents (no injuries, no public property damage, both drivers licensed and insured, etc.), the parties describe the incident, draw a sketch, sign the form and later submit it to their insurers.
In all cases you should:
- Exchange names, addresses, licence and registration details, insurance policy numbers.
- Take photos and videos of the scene, vehicle positions and damage before moving the cars, if safe to do so.
- Note down witness identities and phone numbers.
Even if you feel fine, it is strongly recommended to obtain a medical examination and report as some injuries appear later and medical records are essential for compensation claims.
3. Insurance Claims and Compensation Process
The party who suffers damage (vehicle, property or bodily injury) can claim compensation primarily from:
- the compulsory traffic insurer of the at-fault vehicle; and
- if necessary, the driver, owner or operator of that vehicle personally.
Before filing a lawsuit, Turkish law generally requires a written application to the relevant insurance company. If the insurer rejects the claim or does not respond within 15 days, the victim may either:
- file a civil lawsuit before the competent court; or
- apply to the Insurance Arbitration Commission (an alternative dispute resolution mechanism).
For traffic accidents, the limitation period for material damage claims is usually:
- 2 years from the date the victim learned of the damage and the liable party; and
- in any case 10 years from the date of the accident.
Typical heads of compensation include:
- vehicle repair costs or “total loss” value,
- loss of use (rental car, deprivation of vehicle),
- medical expenses, loss of earnings and disability,
- in serious injury or death cases, non-material (moral) damages for the victim and close relatives.
If a foreign-plated vehicle is involved, the owner may usually choose to have the car repaired in Turkey or in the country of registration, and may still pursue repair costs, loss of use and loss of value from the responsible party or their insurer.
4. Criminal Proceedings After Injury or Death
Where an accident causes injury or death, the incident may amount to:
- negligent injury (Article 89 Turkish Penal Code), or
- negligent homicide (Article 85).
In practice, the public prosecutor usually opens a criminal investigation and, if necessary, files an indictment against the driver considered at fault.
Victims (or relatives in case of death) may:
- make a criminal complaint,
- participate in the criminal case as an intervening party and assert compensation claims within the criminal proceedings, or
- pursue compensation independently in a civil court even if a criminal case is pending.
The criminal file (police report, expert report, fault assessment) is often decisive in determining liability and compensation in the civil/insurance process.
5. Practical Advice for Foreigners
- Always check that your insurance (local or international) is valid for Turkey and carries sufficient coverage.
- Keep a Driver’s Accident Report Form and a pen in the vehicle; rental companies may already provide this.
- Do not sign any document you do not understand; ask for an English version or seek legal assistance.
- In injury cases, insist on a police report and a hospital/forensic report – these are key for both criminal liability and compensation.
- Consider appointing a lawyer experienced in traffic accidents and insurance law, particularly if large claims, serious injury or a foreign-plated vehicle are involved.
Understanding these rules will help foreign drivers and passengers better protect their rights and navigate the Turkish legal and insurance system after a traffic accident.
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