Traffic Accidents in Turkey Foreigner Compensation

1. Legal Framework of Traffic Accident Compensation in Turkey

When a traffic accident occurs in Turkey, several legal sources come into play:

• Turkish Code of Obligations (Türk Borçlar Kanunu – “TBK”) – general rules on liability, torts, fault, causation and compensation of damage.
• Turkish Highway Traffic Law (Karayolları Trafik Kanunu – “KTK”) – special provisions on traffic accidents, vehicle owners’ liability, compulsory traffic insurance, and strict liability.
• Turkish Commercial Code (Türk Ticaret Kanunu – “TTK”) – rules relating to insurance contracts.
• Relevant secondary legislation and insurance general conditions – for compulsory traffic insurance and optional policies.

For foreigners, there is no separate compensation regime. In principle, foreign and Turkish nationals are treated equally before Turkish courts and insurance companies. However, foreigners face practical challenges:

• Language barrier in dealing with police, hospitals and insurers
• Difficulty obtaining documents and following deadlines while abroad
• Need to calculate loss of earnings in a foreign currency or foreign career path
• Recognition and enforcement of Turkish judgments abroad (or vice versa)

Because of these complexities, it is usually important for a foreign victim to work with a local lawyer experienced in both personal injury and cross-border matters.

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2. Material and Moral Damages: What Can a Foreigner Claim?

Under Turkish law, damages arising from a traffic accident are generally divided into material (economic) and moral (non-economic) components.

2.1 What Are Material (Pecuniary) Damages?

Material damages are economic losses that can be expressed in money. Typical material claims in a traffic accident include:

1. Medical expenses
   • Emergency treatment, surgery, hospitalisation
   • Medication, physiotherapy, rehabilitation costs
   • Assistive devices (wheelchairs, prostheses, orthopaedic shoes, etc.)
   • Future medical expenses in long-term injury cases
2. Loss of earnings (past)
   • Income lost because the victim could not work during treatment and recovery
   • For foreigners working remotely or for foreign employers, this can include income from abroad, if properly documented.
3. Loss of earning capacity (future)
   • If the accident causes permanent disability, the victim may lose part of his or her ability to work.
   • Courts often rely on expert reports (medical and actuarial) to determine disability rate and calculate future income loss.
4. Support loss (loss of financial support) claims
   • If the accident results in death, the relatives who were financially supported by the deceased (spouse, children, sometimes parents) can claim compensation.
   • This is a separate claim from inheritance; it is based on tort law.
5. Property damage
   • Damage to the vehicle (repair, salvaging, total loss value)
   • Damage to personal items: phones, laptops, luggage, clothing, jewellery, etc.
6. Other necessary expenses
   • Transportation to and from hospitals
   • Special care or assistance provided by relatives or professional caregivers
   • Accommodation or adaptation costs if the victim needs a modified living space (e.g. disabled facilities).

Material damage must be proven and quantified. For foreigners, this often means collecting:

• Medical reports, invoices, prescriptions
• Employment contracts, salary slips, tax returns, bank statements
• Company letters confirming income and position
• Repair invoices or expert valuations for damaged property

The stronger the documentation, the more convincing the claim.

2.2 What Are Moral (Non-Pecuniary) Damages?

Moral damages compensate pain, suffering, emotional distress and damage to personal rights. Turkish law allows victims to claim:

• Moral compensation for bodily injury
  • Physical pain, psychological trauma, loss of enjoyment of life
  • Disfigurement, scars, permanent disability
  • Loss of ability to participate in social and family life as before.
• Moral compensation for death
  • The spouse, children, parents (and in some cases siblings) may claim for the psychological suffering caused by the loss of a loved one.

The amount of moral compensation is not mechanically calculated. Courts consider:

• Severity and permanence of injuries
• Age and social situation of the victim
• Degree of fault of the parties
• Special circumstances (e.g. very young victim, severe disability, gross negligence or intoxication by the driver).

For foreigners, moral damages can be especially important because short stays in Turkey might mean limited material damage (e.g. limited income in Turkey) but significant psychological impact.

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3. Who Is Liable After a Traffic Accident in Turkey?

In a typical Turkish traffic accident, several persons and entities may be liable:

1. The at-fault driver
   • Based on fault (negligence, speeding, violation of traffic rules).
   • In some settings, both drivers may share liability.
2. The vehicle owner
   • Under KTK, vehicle owners are subject to strict liability as “operators” of a motor vehicle.
   • This is important because the owner’s liability is connected to compulsory traffic insurance.
3. The compulsory traffic insurer
   • Every registered vehicle in Turkey must have compulsory motor third-party liability insurance (Zorunlu Mali Mesuliyet Sigortası).
   • The insurer is liable up to statutory limits for bodily injury and material damage caused to third parties.
4. Employer or company
   • If the at-fault driver was using the vehicle in the course of employment, the employer or company may be jointly liable.
   • This is common with taxis, buses, delivery vehicles, company cars and shuttle services.
5. Optional (voluntary) insurers
   • There may also be voluntary liability insurance or personal accident insurance extending coverage beyond compulsory limits.
   • The victim may make additional claims under these policies.

From a foreigner’s perspective, it is crucial to identify all potentially responsible parties: the driver, the owner, the employer and all relevant insurers.

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4. The Role of Compulsory Traffic Insurance for Foreign Victims

4.1 Basic Features

Compulsory traffic insurance in Turkey is designed to protect third-party victims (including foreigners) against:

• Bodily injury and death
• Property damage

Insurers are liable up to certain statutory limits per person and per event. These limits are periodically updated by Turkish authorities and are expressed in Turkish Lira.

Important practical points:

• In many cases, insurance pays first, and the driver or owner are only pursued for amounts exceeding the insurance limit or not covered.
• Insurance covers third parties, not the driver who caused the accident (with some exceptions).
• Coverage may be reduced or refused in certain situations (e.g. intentional acts, DUI in some contexts, unauthorised drivers), but even then, the insurer often must compensate the victim first and then recourse against its policyholder.

4.2 Foreign Plates and Green Card System

If a foreigner drives a vehicle with foreign licence plates in Turkey, it may be covered by:

• The Green Card system (international motor insurance), or
• A local Turkish policy taken out at the border or inside Turkey.

In cross-border accidents or accidents involving foreign plates, the interaction between Turkish law, international insurance agreements and foreign law can be complex. Foreign victims should always provide their lawyer with:

• Copy of the insurance policy
• Green Card or any border insurance document
• Registration certificate of the vehicle.

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5. What Should a Foreigner Do Immediately After a Traffic Accident?

Many foreign visitors are unsure what to do when an accident happens. The following steps are critical for a future compensation claim:

5.1 Ensure Safety and Call Emergency Services

1. Check for injuries and move to a safe place if possible.
2. Call 112 (general emergency number) for ambulance and police.
3. If there are only minor property damages and no injuries, the parties may fill in a standard accident report (kaza tespit tutanağı). However, in serious injury or death cases, police must attend.

5.2 Call the Police and Cooperate with the Investigation

For accidents involving injuries, serious property damage or disagreement between parties:

• The police will prepare a traffic accident report.
• They will take statements, identify parties and witnesses, and sketch the accident scene.
• Breathalyser tests may be carried out.

This report is a key piece of evidence later for determining fault. Foreigners should:

• Provide accurate information about their identity and contact details.
• Request a copy or at least record the case number and police station.

5.3 Collect Evidence at the Scene

If physically able, the foreign victim should:

• Take photos or videos of the accident scene, vehicle positions, road signs, skid marks and injuries.
• Record plate numbers, driver names, ID / passport details.
• Ask for witness contact information (phone numbers, emails).

Modern practice also includes sharing information via messaging apps; however, it is vital to keep copies of everything.

5.4 Seek Medical Attention and Documentation

Even if injuries appear mild, it is crucial to:

• Go to a hospital as soon as possible.
• Obtain medical reports, discharge summaries and any imaging results.
• Clearly explain that the injury is related to a traffic accident (this should be reflected in the report).

For foreigners, these documents will later be used not only in Turkey but potentially in insurance claims abroad or in their home country.

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6. Criminal and Administrative Proceedings After a Traffic Accident

6.1 Criminal Investigation

If the accident caused injury or death, the public prosecutor may open a criminal investigation against the at-fault driver for crimes such as:

• Causing injury by negligence
• Causing death by negligence

The foreign victim can participate as a complainant (müşteki) and submit a petition to:

• Request that the driver be prosecuted
• Join the criminal case as an intervening party (katılan)
• Reserve the right to claim civil compensation before civil courts.

Although some civil compensation can be claimed within the criminal case, high-value and complex claims are usually pursued separately before the civil courts.

6.2 Administrative Fines and License Measures

Traffic police may impose:

• Administrative fines for traffic rule violations
• Suspension of driver’s licence or other measures.

These sanctions are separate from compensation claims but may influence the assessment of fault in civil proceedings.

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7. Civil Claims for Compensation: How the Process Works

7.1 Where and Against Whom to File the Lawsuit?

A compensation lawsuit arising from a traffic accident is generally filed before the civil court of first instance (asliye hukuk mahkemesi) or specialised commercial court (asliye ticaret mahkemesi) depending on the nature of the claim and parties.

Foreign victims can usually file:

• At the court where the accident occurred,
• At the court where the defendant (e.g. insurer) is domiciled, or
• In some cases, where the victim resides in Turkey.

The lawsuit is typically filed against:

• The at-fault driver
• The vehicle owner (operator)
• The compulsory traffic insurance company
• Any additional liable party (e.g. employer, voluntary insurer)

7.2 Limitation Periods (Time Limits)

Under Turkish law, traffic accident claims are subject to specific limitation periods. While details can be technical, as a general guideline:

• Many tort claims arising from traffic accidents must be brought within a shorter period (often 2 years from becoming aware of the damage and liable person, and in any case 10 years from the accident), or in line with special provisions connected to the traffic law or any related criminal offence.

For foreigners, missing the limitation period is a real risk, especially if they leave Turkey shortly after the accident. It is therefore essential to:

• Contact a Turkish lawyer as early as possible.
• Start the necessary legal steps or at least interrupt the limitation period.

7.3 Evidence and Expert Reports

In civil proceedings, the court will typically:

• Obtain the police accident report
• Request medical reports and possibly direct the victim to an official health board
• Appoint experts to evaluate:
  • Degree of fault of each driver
  • Causation between accident and injuries
  • Disability rate (if any)
  • Future loss of earnings and financial support.

Experts play a central role; their reports often form the basis for the court’s decision. A lawyer representing a foreign victim will review these reports carefully and, where necessary, file objections and request supplementary reports.

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8. Calculating Material Damages for Foreign Victims

8.1 Loss of Earnings When Working Abroad or in Foreign Currency

One of the most challenging aspects in cases involving foreigners is how to calculate loss of earnings:

• The victim may be employed by a foreign company,
• Paid in a foreign currency,
• Following a career path and salary progression typical for another country.

Turkish courts usually require objective evidence of income, such as:

• Employment contracts
• Pay slips
• Bank statements
• Tax documents
• Employer letters confirming wages and expected career development.

Courts may convert foreign currency income into Turkish Lira, using appropriate exchange rates and actuarial methods. A well-prepared case will present:

• Clear documentation of pre-accident income
• Reasonable scenarios for future earnings “but for” the accident
• Detailed actuarial calculations translated into Turkish.

8.2 Future Medical Costs and Rehabilitation

For foreigners who leave Turkey after initial treatment, there may be long-term rehabilitation costs in their home country. To claim these:

• Obtain reports from doctors specifying future treatment needs
• Collect cost estimates or invoices from foreign clinics or therapists
• Provide translations where necessary.

The court will assess whether these expenses are necessary and reasonable and whether they are causally linked to the accident.

8.3 Property Damage and Vehicle Loss

If a foreigner’s own vehicle is damaged in Turkey:

• An expert valuation is usually obtained to determine repair cost or total loss value.
• If the vehicle is registered abroad, the process may include customs and import/export aspects.

Personal items (e.g. laptop, camera, luggage) can also be compensated, but the victim should provide:

• Purchase receipts if available
• At minimum, realistic declarations and photographs.

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9. Moral Damages – How Courts Approach Pain and Suffering

Moral compensation in Turkey does not follow a rigid tariff but judges tend to consider:

• Nature and severity of injuries – minor, moderate, severe, permanent disability
• Duration of treatment and pain
• Age of the victim – children and young adults with permanent disability typically receive higher amounts
• Psychological impact – diagnosed depression, anxiety, post-traumatic stress
• Disfigurement or visible scars – particularly important for younger victims and professions involving public appearance.

In fatal accidents, courts may award separate moral damages to:

• Spouse
• Children
• Parents
• In appropriate cases, siblings or fiancé(e).

For foreign families, moral damages can be particularly significant as they compensate not only grief but also the distress of dealing with a tragedy in a foreign country, far from home.

Although moral damages are discretionary, experienced lawyers can make persuasive submissions by:

• Presenting detailed medical and psychological reports
• Documenting the impact on daily life, hobbies, relationships and career
• Referring to comparable case-law (Yargıtay decisions) in their arguments.

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10. Settlement, Negotiations and Insurance Payments

10.1 Direct Negotiations with Insurers

Before or during court proceedings, it is common to negotiate with the compulsory traffic insurer and any voluntary insurers. Advantages of settlement include:

• Faster payment compared to waiting for a final court judgment
• Lower legal and expert costs
• Certainty instead of procedural risks.

However, settlements offered directly to unrepresented foreign victims are often lower than what courts would award. Insurance companies may rely on:

• Lack of knowledge of Turkish practice
• Urge to “close the file” quickly
• Financial pressure on the victim.

A lawyer representing a foreign victim will typically:

• Evaluate the adequacy of the offer in light of court practice
• Compare it with potential litigation outcomes and timeframes
• Propose counteroffers or conditions (currency, payment schedule, interest, etc.).

10.2 Court-Approved Settlements

Sometimes parties agree on a settlement and request the court to record it. This gives the agreement the strength of a court judgment, which can be enforced more easily if payment is not made.

10.3 Partial Payments and Reservation of Rights

Insurers sometimes make partial payments during the claim process. It is important that the victim:

• Signs documents only after careful review,
• Ensures that acceptance of payment does not waive the right to claim additional damages, unless that is clearly intended.

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11. Cross-Border Aspects: Enforcement and Parallel Proceedings

When the victim or the defendant is a foreign national, traffic accident cases may involve cross-border issues, such as:

1. Enforcement of Turkish judgments abroad
   • If the main assets or insurer are abroad, the victim may need to enforce a Turkish judgment in a foreign jurisdiction.
   • This requires compliance with the foreign state’s rules on recognition and enforcement.
2. Foreign proceedings about the same accident
   • Sometimes, parallel proceedings arise in different countries, especially if the accident involves vehicles or insurers from multiple states.
   • Conflict-of-laws rules may determine which country’s law and courts are competent.
3. Choice of law issues
   • Even if all proceedings are in Turkey, courts may consider whether foreign law has any role.
   • For purely domestic accidents occurring on Turkish roads, Turkish substantive law is typically applied.

Given these complexities, foreigners are advised to coordinate:

• Their Turkish lawyer,
• Any home-country lawyer,
• And relevant insurers, to avoid contradictory steps or limitation period problems.

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12. Practical Tips for Foreigners Involved in Traffic Accidents in Turkey

To protect their rights effectively, foreigners should keep in mind the following practical recommendations:

1. Do not leave without documentation
   • Before leaving Turkey, obtain copies (or at least reference numbers) of:
     • Police accident report
     • Hospital and medical reports
     • Any administrative decisions or criminal case numbers.
2. Keep all evidence safe and organised
   • Photos, videos, contact details of witnesses
   • Receipts, invoices, travel tickets, hotel invoices related to additional expenses.
3. Consult a specialist lawyer early
   • Engaging counsel shortly after the accident helps:
     • Preserve evidence
     • Send formal notices to insurers
     • Monitor limitation periods
     • Coordinate between Turkish and foreign procedures.
4. Inform your own insurers
   • Travel insurance, health insurance, or personal accident insurance may provide additional coverage or legal expense support.
5. Be cautious with documents in Turkish
   • Do not sign settlement or waiver documents that you do not fully understand.
   • Ask for translations and legal advice.
6. Consider long-term consequences
   • Even if immediate injuries appear minor, some problems (e.g. spinal issues, psychological trauma) develop later.
   • Ensure medical follow-up and keep records.

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13. Frequently Asked Questions (FAQ) for Foreign Victims

13.1 Do foreigners have the same rights as Turkish citizens in traffic accident claims?

Yes. Foreigners generally enjoy the same rights to claim compensation for material and moral damages as Turkish citizens. The law does not discriminate based on nationality. The main difference is practical: foreigners may need more support with language, procedure and cross-border aspects.

13.2 Can I claim compensation even if I was a pedestrian or passenger?

Absolutely. Victims can be:

• Drivers of another vehicle
• Passengers in any vehicle (taxi, bus, private car, shuttle, etc.)
• Pedestrians or cyclists.

The key issues are fault, causation and damage, not the victim’s role.

13.3 What if I was partly at fault?

If you were partly at fault (e.g. crossing on red, not wearing a seatbelt), the court or insurer may reduce your compensation proportionally. However, partial fault does not automatically eliminate your right to compensation.

13.4 Can I claim for pain and suffering?

Yes. Moral damages can be claimed for pain, suffering and loss of enjoyment of life. The amount is discretionary but can be significant in serious injury or death cases.

13.5 How long does a compensation lawsuit take in Turkey?

The duration varies according to:

• The complexity of the case,
• Expert reports needed,
• Court workload.

While some cases settle relatively quickly, fully contested lawsuits may take several years including appeal stages. For foreigners, it is important to evaluate early settlement options against the potential benefits of full litigation.

13.6 Do I need to be physically present in Turkey throughout the proceedings?

In most cases, no. Once you appoint a lawyer with a notarised and apostilled power of attorney, your lawyer can represent you in court and before insurers. You may need to attend for medical examinations or give testimony in specific circumstances, but this is not always required.

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14. Conclusion

Being involved in a traffic accident in Turkey as a foreigner is a stressful experience, but Turkish law provides robust tools for victims to obtain fair compensation for both material and moral damages. The key to a successful claim is:

• Understanding the basic legal framework (tort law, traffic law and insurance),
• Acting quickly and carefully at the scene and during the first days,
• Preserving and documenting all evidence,
• Calculating damages realistically with professional support, and
• Navigating negotiations and court proceedings strategically.

With proper guidance, foreign victims can:

• Recover medical costs, loss of earnings, future loss of capacity, and property damage,
• Obtain moral compensation for pain, suffering and loss,
• And ensure that the consequences of the accident are fairly recognised and compensated under Turkish law.

This long-form guide is intended to provide a structured, practical overview. However, every traffic accident and every foreign victim’s situation is different. Therefore, anyone involved in such an incident in Turkey should seek individual legal advice tailored to the specific facts of their case, their country of residence, and the cross-border insurance structure involved.