What Compensation Rights Does a Foreigner Have After a Traffic Accident in Türkiye?
A foreign national who suffers a traffic accident in Türkiye may be entitled to substantial compensation under Turkish law.
The victim does not lose compensation rights merely because they:
- are not a Turkish citizen;
- have a foreign passport;
- hold a Turkish residence permit;
- are visiting Türkiye as a tourist;
- work for a foreign company;
- earn their salary abroad;
- or leave Türkiye after the accident.
A foreign person injured in an accident in Istanbul, Antalya, Ankara, İzmir, Bodrum, Alanya or another Turkish city can generally rely on the same traffic-liability framework applicable to other persons injured in Türkiye.
Depending on the circumstances, compensation may include:
- vehicle repair expenses;
- total-loss vehicle compensation;
- vehicle depreciation;
- towing and other direct property losses;
- loss of earnings;
- temporary inability to work;
- permanent loss of working capacity;
- impairment of future economic prospects;
- certain care-related losses;
- compensation for permanent disability;
- funeral expenses;
- loss-of-support compensation for relatives of a person who dies;
- and moral damages for physical and psychological suffering.
A claim may potentially be directed against several persons or institutions, including:
- the negligent driver;
- the vehicle operator;
- the owner where legally considered the operator;
- the business operating the vehicle;
- the compulsory traffic insurer;
- an optional liability insurer where applicable;
- or the Turkish Guarantee Account (Güvence Hesabı) in certain cases involving uninsured or unidentified vehicles.
The correct defendant depends on:
- the type of damage;
- fault;
- ownership and operation of the vehicle;
- insurance coverage;
- policy limits;
- and whether the person seeks material or moral compensation.
Short Answer
A foreign victim involved in a traffic accident in Türkiye may generally claim compensation if another person or vehicle is legally responsible for the accident.
For an injured victim, recoverable losses may include:
- treatment-related losses;
- lost income;
- reduced or lost working capacity;
- permanent disability-related economic losses;
- impairment of economic future;
- and moral damages.
If the accident causes death, qualifying relatives or persons supported by the deceased may seek:
- funeral expenses;
- losses caused before death;
- loss-of-support compensation;
- and, in appropriate cases, moral compensation.
For vehicle damage, claims can include:
- repair costs;
- total-loss value;
- and vehicle depreciation.
Turkish compulsory traffic insurance covers legally qualifying third-party material and bodily damage within the applicable policy limits. For 2026, the official SEDDK limits include TRY 400,000 per vehicle for material damage and TRY 3,600,000 per person for health and disability/death categories, subject to the relevant policy and accident limits.
Does Turkish Law Apply to a Foreign Victim’s Traffic Accident?
In most ordinary accidents occurring in Türkiye, yes.
Article 34 of Law No. 5718 on International Private and Procedural Law provides that obligations arising from a tort are generally governed by the law of the country where the tort occurred.
Where the place of the wrongful act and the place where the damage occurred are in different countries, the law of the country where the damage occurred generally applies.
A different law may apply where the tort relationship is more closely connected with another country. Article 34 also expressly recognises the possibility of a direct claim against an insurer where the applicable tort or insurance law permits it.
Accordingly, where:
- the accident occurs in Türkiye;
- the victim is injured in Türkiye;
- and a Turkish road vehicle is involved,
Turkish traffic-liability law will ordinarily be central to the compensation claim.
The victim’s foreign citizenship does not ordinarily change this conclusion.
Who Is Responsible for Compensation After a Traffic Accident?
Turkish traffic law creates a broad liability structure.
Article 85 of the Highway Traffic Law No. 2918 provides that where operation of a motor vehicle causes:
- death;
- bodily injury;
- or damage to property,
the vehicle operator can be responsible for the resulting damage. Where the vehicle is operated under the name or business activity of an enterprise, the enterprise owner may also be jointly responsible within the statutory framework.
Depending on the accident, potentially responsible parties may therefore include:
1. The Driver
The person who negligently caused the collision.
2. The Vehicle Operator — İşleten
The legally responsible operator of the vehicle.
This may often be the registered owner but does not necessarily have to be in every case.
3. The Enterprise Operating the Vehicle
This can be particularly important where the accident involves:
- bus companies;
- taxi fleets;
- logistics businesses;
- commercial vehicles;
- company vehicles.
4. The Compulsory Traffic Insurer
The injured third party has a direct statutory claim against the compulsory liability insurer within coverage and policy limits.
5. Optional Liability Insurers
If the vehicle has additional voluntary liability insurance, amounts exceeding compulsory insurance limits may potentially fall within additional coverage.
6. The Guarantee Account
In certain accidents involving:
- an unidentified vehicle;
- an uninsured vehicle;
- an insolvent insurer;
- or certain stolen vehicles,
the Guarantee Account may become relevant.
Does Fault Matter?
Yes.
Compensation does not automatically mean that the victim receives 100% of every claimed loss.
Fault allocation is extremely important.
For example:
Driver A: 100% at fault
Foreign victim: 0% at fault
The foreign victim can generally pursue the full legally compensable damage, subject to insurance limits and other rules.
Another example:
Driver A: 70% at fault
Foreign victim: 30% at fault
The compensation can be reduced according to the victim’s contributory fault where legally applicable.
Compulsory traffic insurance does not cover the part of the claim corresponding to the claimant’s own fault. Article 92 expressly excludes compensation demands corresponding to the right holder’s own fault.
Therefore, the police report or accident report should never be treated as a trivial document.
Fault can directly determine the financial result.
Is the Police Accident Report Final on Fault?
Not necessarily.
Police or gendarmerie findings are extremely important evidence, but civil courts and insurance arbitration proceedings can conduct their own legal and technical assessment.
Depending on the dispute, fault may be examined through:
- accident reports;
- photographs;
- CCTV;
- vehicle positions;
- road signs;
- braking traces;
- witness statements;
- expert reports;
- criminal investigation evidence;
- vehicle data;
- traffic rules.
A foreign victim who believes that the accident report incorrectly attributes fault should preserve evidence immediately.
What Should a Foreign Victim Do Immediately After the Accident?
The first hours after the accident can determine the strength of the later compensation claim.
The victim should, where circumstances permit:
- contact police or gendarmerie where required;
- obtain medical treatment;
- ensure the incident is recorded as a traffic accident;
- photograph the vehicles and road;
- preserve licence plate information;
- obtain the other driver’s identity and insurance details;
- identify witnesses;
- preserve CCTV possibilities;
- obtain the accident report;
- preserve hospital documentation;
- keep employment and income records.
A victim who leaves Türkiye should not assume that all documents can easily be recreated several months later.
What Can an Injured Foreigner Claim?
Turkish Code of Obligations Article 54 identifies the principal categories of bodily injury loss.
These include:
- treatment expenses;
- loss of earnings;
- losses caused by reduction or loss of working capacity;
- losses resulting from impairment of the person’s economic future.
These categories can produce very substantial compensation in serious traffic accidents.
1. Loss of Earnings
A foreign victim may be unable to work because of:
- hospitalisation;
- surgery;
- fractures;
- rehabilitation;
- temporary disability;
- psychological consequences.
The victim can potentially claim the income that would have been earned during the legally compensable period.
For a foreign victim, one of the most important issues is proving actual income.
The person may work:
- in Türkiye;
- remotely for a European company;
- in the United Kingdom;
- in the UAE;
- in the United States;
- or as a self-employed professional.
Useful evidence may include:
- employment contract;
- payroll;
- tax returns;
- salary bank statements;
- employer statements;
- social-security records;
- invoices;
- business accounts.
Foreign-language income documents may need certified Turkish translations and, depending on their nature, apostille or legalisation.
2. Permanent Disability and Loss of Working Capacity
A serious accident can permanently reduce the victim’s ability to earn income.
Examples include:
- loss of a limb;
- spinal injury;
- brain injury;
- permanent movement restriction;
- neurological damage;
- permanent visual impairment;
- chronic pain;
- other permanent physical consequences.
This can create a continuous economic loss extending years into the future.
Compensation calculations can depend on:
- victim’s age;
- disability rate;
- occupation;
- actual income;
- working-life projections;
- fault;
- actuarial assumptions.
A proper medical disability report is therefore extremely important.
Current Court of Cassation case law also shows the importance of obtaining a legally compliant medical assessment rather than dismissing an otherwise viable permanent-disability claim merely because the first report is defective.
3. Impairment of Economic Future
A victim may technically remain capable of working but still suffer permanent economic disadvantage.
For example:
A 28-year-old foreign model suffers permanent facial scarring.
A professional athlete suffers a serious knee injury.
A surgeon suffers reduced hand mobility.
A construction worker permanently loses part of physical strength.
The person may still be “able to work” in a general sense but may have suffered substantial damage to future career opportunities.
Turkish Code of Obligations Article 54 expressly recognises impairment of economic future as a separate category of bodily damage.
4. Treatment Expenses
Article 98 of the Highway Traffic Law contains a special system for traffic-accident healthcare expenses.
The Social Security Institution states that healthcare services arising from traffic accidents are covered by SGK under the statutory framework regardless of whether the injured person has social security coverage, according to the applicable general-health reimbursement rules.
This is particularly important for foreigners.
A foreign victim should not automatically assume:
“I am not insured by Turkish SGK, so the Turkish traffic-accident healthcare system cannot apply to me.”
However, there are important limits.
SGK expressly states that treatment later obtained abroad solely because the victim resides outside Türkiye is generally not covered through this traffic-accident provision, except where separate statutory overseas-treatment provisions apply.
Therefore, a foreigner injured in Türkiye who later continues treatment abroad should carefully preserve:
- medical necessity evidence;
- invoices;
- Turkish medical reports;
- foreign treatment records.
Whether all foreign treatment expenditure can be recovered from other responsible parties requires separate legal analysis.
Can a Foreigner Claim Caregiver Expenses?
Potentially.
A seriously injured victim may temporarily or permanently require:
- personal care;
- nursing;
- help with bathing;
- transportation;
- rehabilitation assistance;
- domestic support.
The legal classification of caregiver expenses can depend on:
- medical necessity;
- duration;
- permanent or temporary disability;
- insurance coverage.
The compulsory traffic insurance general conditions recognise care-related expenses arising during the treatment period within the health-expense structure, while statutory healthcare responsibility is primarily assigned to SGK under Article 98.
Can a Foreigner Claim Moral Damages?
Yes, where the statutory conditions are satisfied.
Article 56 of the Turkish Code of Obligations allows a judge to award an appropriate amount of moral compensation — manevi tazminat where a person’s bodily integrity is injured.
In cases of severe bodily injury or death, close relatives may also qualify for moral compensation.
Moral compensation is intended to address non-economic suffering such as:
- physical pain;
- psychological trauma;
- permanent disability;
- severe disfigurement;
- emotional distress.
However, there is an extremely important insurance distinction:
moral damages are outside compulsory traffic insurance coverage.
Article 92 of the Highway Traffic Law expressly excludes moral compensation from compulsory liability insurance.
Therefore, moral compensation is normally pursued against:
- the driver;
- vehicle operator;
- or other legally responsible persons,
unless additional optional insurance provides separate coverage.
What Compensation Is Available If the Foreign Victim Dies?
A fatal traffic accident creates separate claims for surviving persons.
Under Article 53 of the Turkish Code of Obligations, compensable losses following death include:
- funeral expenses;
- treatment expenses and working-capacity losses if death was not immediate;
- losses suffered by persons deprived of the deceased’s financial support.
The most financially significant claim is often:
loss-of-support compensation — destekten yoksun kalma tazminatı.
What Is Loss-of-Support Compensation?
Loss-of-support compensation is intended to compensate a person who received—or reasonably would have received—financial or economic support from the deceased.
Potential beneficiaries may include:
- spouse;
- children;
- parents;
- in suitable cases, other persons who can prove actual support.
The right is based on the lost support relationship rather than simply formal inheritance status.
A person can therefore potentially have a support claim even where inheritance rules produce a different legal outcome.
How Is Loss-of-Support Compensation Calculated?
Calculation can consider:
- deceased’s income;
- age;
- expected working life;
- life expectancy;
- number and ages of supported persons;
- fault;
- future support assumptions.
Recent Court of Cassation decisions continue to emphasise current actuarial methodology, including use of the TRH-2010 life table and progressive-annuity methodology in appropriate support-compensation calculations.
For foreign deceased persons, actual foreign income can become particularly important.
For example:
A German executive earning EUR 10,000 per month dies in Türkiye.
It should not automatically be assumed that loss-of-support compensation must be calculated only on Turkish minimum wage if reliable evidence establishes the deceased’s real earnings.
Income evidence becomes central.
Important 2026 Change: New Interest Rules for Disability and Loss-of-Support Compensation
Turkish compensation law changed significantly on 31 July 2026.
Law No. 7589 added new paragraphs to Article 55 of the Turkish Code of Obligations.
For accidents occurring after the amendment entered into force, compensation relating to:
- reduction or loss of working capacity;
- and loss of support
now contains a statutory distinction regarding interest.
For the portion calculated for periods where the victim’s or deceased supporter’s income is known, statutory interest runs from the date of the tort or damaging event.
For the portion concerning periods where future income cannot be known, statutory interest runs from the judgment date.
The amendment applies to damaging events occurring after its entry into force, making the accident date particularly important in 2026 compensation files.
Can a Foreign Driver Claim Damage to Their Vehicle?
Yes, where another person is legally responsible.
Property claims can potentially include:
- repair costs;
- replacement of damaged parts;
- total-loss compensation;
- towing;
- certain directly connected expenses;
- vehicle depreciation.
The compulsory traffic insurance general conditions expressly recognise damage to property and vehicle depreciation within the material-damage coverage structure.
What Is Vehicle Depreciation Compensation?
A repaired vehicle may lose second-hand market value even after technically proper repairs.
For example:
Before accident market value: TRY 2,000,000
After repair market value: TRY 1,850,000
Potential market depreciation:
TRY 150,000
depending on:
- previous damage;
- repaired parts;
- vehicle age;
- mileage;
- accident severity;
- market conditions.
This loss is known as:
araç değer kaybı — vehicle depreciation.
The amount is determined according to the vehicle’s actual circumstances and applicable insurance/expert rules rather than by simply choosing a percentage of the repair bill.
Does Compulsory Traffic Insurance Cover Vehicle Depreciation?
Yes, qualifying vehicle depreciation is included within direct material property damage under the compulsory traffic insurance general conditions.
However, compensation remains subject to:
- fault;
- policy limits;
- actual depreciation;
- legal exclusions.
For 2026, the standard material damage limit shown by SEDDK is TRY 400,000 per vehicle, with TRY 800,000 per accident for the listed principal vehicle categories.
Where actual property damage exceeds insurance limits, the responsible driver/operator may remain personally liable for the uninsured portion.
Can a Foreign Victim Claim Loss of Use of Their Vehicle?
Potentially against the responsible tortfeasor, depending on the facts.
If a vehicle cannot be used during reasonable repair time, the owner may suffer:
- substitute vehicle expense;
- transportation expense;
- loss of use.
However, this issue should be separated from compulsory traffic insurance coverage.
Article 92 excludes indirect damages such as:
- income loss;
- profit loss;
- business interruption;
- rental deprivation
from compulsory traffic insurance coverage, and the general conditions likewise exclude consequential/indirect losses.
Therefore, a vehicle-use claim may need to be directed against the negligent driver or operator rather than assumed to be payable by the compulsory traffic insurer.
What Happens If the Vehicle Is Totaled?
Where repair is economically unreasonable or the vehicle qualifies as a total loss under the applicable technical/insurance rules, compensation can be based on the vehicle’s pre-accident economic value subject to:
- salvage;
- fault;
- insurance limits;
- actual market evidence.
Foreign-plated vehicles may require additional valuation evidence because their:
- tax structure;
- market;
- registration status;
- and Turkish temporary-import position
may differ from ordinary Turkish-plated vehicles.
Who Pays Compensation: The Insurance Company or the Driver?
Often both can be legally relevant.
Compulsory traffic insurance protects third parties against the insured operator’s statutory liability within policy coverage and limits.
However, the insurer’s liability is limited.
The driver/operator may remain personally liable for:
- damage exceeding policy limits;
- excluded losses;
- moral compensation;
- indirect damages;
- other uncompensated losses.
Therefore:
Insurance limit is not necessarily the victim’s maximum total legal compensation.
It is the maximum responsibility of that insurance coverage for the relevant category.
What Are the 2026 Compulsory Traffic Insurance Limits?
For 1 January 2026–31 December 2026, SEDDK publishes the following principal limits.
For vehicles used to transport persons:
Material Damage
Per vehicle:
TRY 400,000
Per accident:
TRY 800,000
Health Expenses
Per person:
TRY 3,600,000
Per accident:
TRY 18,000,000
Permanent Disability and Death
Per person:
TRY 3,600,000
Per accident:
TRY 18,000,000
The total accident limits differ for some vehicle categories, including goods vehicles and motorcycles.
These limits should always be checked according to the accident date and vehicle category.
What If the Actual Compensation Is Higher Than TRY 3.6 Million?
The statutory insurance limit is not necessarily the total amount of the legally established damage.
For example:
Calculated permanent disability damage:
TRY 6 million
Applicable compulsory insurer limit:
TRY 3.6 million
The insurer’s responsibility may be limited by the policy limit.
The remaining legally established amount may potentially be pursued from responsible persons such as:
- vehicle operator;
- negligent driver;
- enterprise operator;
- optional liability insurer where additional coverage exists.
Therefore, a serious bodily injury claim should not be closed merely because the compulsory insurer has reached its policy limit.
What If the Vehicle Has No Traffic Insurance?
The Guarantee Account — Güvence Hesabı can become extremely important.
The Guarantee Account states that compensation can be requested in cases including:
- bodily injury caused by an unidentified insured person/vehicle;
- bodily injury caused by a vehicle without required insurance;
- certain insurer insolvency situations;
- certain stolen or unlawfully taken vehicles.
However, the scope is not unlimited.
For unidentified or uninsured vehicle cases, the Guarantee Account principally covers bodily injury, not ordinary vehicle damage.
For example:
An unidentified car hits a pedestrian and escapes.
The injured pedestrian may potentially apply for bodily compensation.
But:
An unknown vehicle hits a parked car and escapes.
The Guarantee Account expressly states that it generally does not pay damage to the parked vehicle merely because the responsible vehicle cannot be identified.
Can a Foreigner Apply to the Guarantee Account?
Foreign nationality does not by itself prevent a qualifying claim arising from a Turkish accident.
The key questions are whether:
- the accident falls within the Guarantee Account system;
- the loss is covered;
- the required evidence exists;
- and applicable deadlines are satisfied.
Must the Victim Apply to the Insurance Company Before Filing a Lawsuit?
Yes, for claims against the compulsory traffic insurer.
Article 97 of the Highway Traffic Law establishes a mandatory pre-litigation application requirement.
Before filing a lawsuit against the compulsory insurer, the injured person must submit a written application to the insurance company.
If the insurer:
- does not provide a written response within 15 days;
- or gives a response that does not satisfy the claim,
the victim may file a lawsuit or apply to insurance arbitration.
This is a critical procedural requirement.
A foreign victim should not file a court case against the compulsory insurer without first checking whether a legally sufficient Article 97 application was made.
What Documents Should Be Sent to the Insurance Company?
The documents depend on the claim.
A vehicle-damage file may include:
- accident report;
- vehicle registration;
- photographs;
- repair documents;
- expert report;
- depreciation evidence;
- identity/passport;
- bank details.
A bodily injury file may require:
- accident report;
- hospital records;
- medical reports;
- disability report;
- income evidence;
- employment records;
- passport;
- identity documents;
- power of attorney.
A death claim can require:
- death certificate;
- family registry evidence;
- support relationship;
- income evidence;
- inheritance/family documents.
Foreign public documents may require certified Turkish translation and, depending on the document, apostille or legalisation.
What Is Insurance Arbitration?
Instead of filing a traditional court case, a claimant may in qualifying circumstances apply to the Insurance Arbitration Commission — Sigorta Tahkim Komisyonu.
Insurance arbitration is frequently used for disputes involving:
- traffic insurance;
- vehicle depreciation;
- permanent disability;
- loss-of-support claims;
- insurer underpayment.
The applicant must first apply to the insurer.
For compulsory traffic insurance, if no satisfactory response is received within the statutory 15-day period, arbitration becomes available.
Can a Foreigner Use Insurance Arbitration?
Yes.
But there is an important practical rule.
The Insurance Arbitration Commission currently states that online applications use e-Government authentication.
Because foreign nationals cannot use that authentication route for the Commission’s online application, foreign nationals currently have to submit their applications physically using the Commission’s application form and required documents.
A foreign claimant can also act through a lawyer.
Where the application is filed by an attorney, the Commission requires the power of attorney to contain specific authority for:
- alternative dispute resolution;
- or direct application to the Insurance Arbitration Commission.
This is a particularly important practical detail for foreign victims who plan to return abroad after the accident.
Can the Foreigner Pursue the Claim After Leaving Türkiye?
Yes.
A foreign victim does not necessarily need to remain physically in Türkiye throughout:
- insurer negotiations;
- arbitration;
- court litigation.
A Turkish lawyer can generally represent the foreign claimant through an appropriately prepared power of attorney.
This can allow the victim to return to:
- Germany;
- UK;
- UAE;
- Russia;
- United States;
- or another home country
while continuing the Turkish compensation process.
Medical evidence and future examinations must still be managed carefully.
Which Turkish Court Can Hear a Traffic Accident Compensation Case?
Traffic accident claims can involve different court types depending on:
- defendants;
- insurance relationship;
- nature of claim;
- commercial status.
Territorial jurisdiction also has several possibilities.
Article 16 of the Code of Civil Procedure provides that tort claims may be filed in the court of:
- the place where the tort occurred;
- the place where damage occurred or may occur;
- or the injured person’s domicile.
Additional insurance-specific jurisdiction rules may also become relevant.
Foreign claimants should therefore determine both:
subject-matter jurisdiction
and
territorial jurisdiction
before filing.
What Is the Limitation Period for Traffic Accident Compensation?
The Highway Traffic Law contains a special limitation rule.
Article 109 provides that material compensation claims arising from motor-vehicle accidents generally expire:
- two years from the date the injured person learns of the damage and the person liable;
- and in any event ten years from the accident date.
However, where the conduct also constitutes a criminal offence and criminal law provides a longer limitation period, that longer period can apply to the compensation claim.
This extended criminal limitation rule can be extremely important in serious accidents involving:
- injury;
- death;
- reckless driving.
A victim should nevertheless never intentionally wait because they assume a longer criminal limitation period will save the claim.
Does the Same Limitation Period Apply to the Insurer?
Article 109 also coordinates limitation between the legally liable person and insurer.
Interrupting limitation against one can have consequences for the other within the statutory framework.
A foreign claimant should therefore maintain a clear timeline showing:
- accident date;
- insurer application;
- settlement correspondence;
- court/arbitration filings.
What If the Foreigner Was a Pedestrian?
A foreign pedestrian injured by a vehicle can pursue compensation where the vehicle side is legally responsible.
Possible claims can include:
- permanent disability;
- lost earnings;
- economic future loss;
- moral compensation.
If the pedestrian contributed to the accident—for example by entering traffic unlawfully—the compensation may be reduced according to fault.
But pedestrian fault does not necessarily eliminate all compensation.
The exact percentages require accident reconstruction and legal evaluation.
What If the Foreigner Was a Passenger?
Passengers can also have substantial compensation rights.
A passenger who did not contribute to the accident may have claims even where the driver of the vehicle in which they were travelling caused the collision.
Compulsory liability insurance is designed to protect qualifying third-party victims against the insured vehicle operator’s liability.
However, coverage exclusions and the claimant’s relationship with the operator should be reviewed individually.
What If the Foreigner Was Riding a Motorcycle?
Motorcyclists can pursue the same general categories of:
- bodily injury;
- permanent disability;
- death-related compensation;
- vehicle/property damage.
However, fault issues can become especially important regarding:
- speed;
- lane position;
- helmet;
- protective equipment;
- traffic manoeuvres.
For 2026, SEDDK sets the same TRY 3.6 million per-person health and disability/death limits for the motorcycle category, though motorcycle per-accident aggregate limits differ from other vehicle groups.
What If the Foreign Victim Was Not Wearing a Seat Belt or Helmet?
Failure to use legally required safety equipment may potentially be considered contributory conduct if it can be shown to have caused or increased the injury.
The issue is not merely:
“Was there no seat belt?”
The legal analysis should also ask:
“Did that failure materially contribute to the particular injury?”
A reduction should therefore be tied to causation and the facts rather than treated as an automatic elimination of compensation.
What If the Foreign Victim Earns Money Abroad?
This is one of the most important issues in high-value international compensation claims.
A foreign person may earn:
- EUR 8,000 per month in Germany;
- GBP 7,000 in the UK;
- USD 15,000 in the United States;
- AED income in Dubai.
The claimant should preserve reliable proof of actual earnings.
Useful documentation includes:
- tax returns;
- salary slips;
- employment agreement;
- bank transfers;
- employer confirmation;
- company accounts;
- dividend/salary distinction where self-employed.
The compensation should not automatically be based on a fictional Turkish income merely because the accident occurred in Türkiye.
But foreign income must be proven convincingly.
What If the Foreigner Is Self-Employed?
Self-employed persons can suffer substantial income loss after a serious accident.
Proof may involve:
- tax returns;
- company revenue;
- client contracts;
- invoices;
- bank statements;
- accountant reports;
- historic earnings.
The court must distinguish:
- company turnover;
- company profit;
- personal income.
A business owner cannot necessarily claim all lost business turnover as personal bodily compensation.
Indirect commercial losses may also fall outside compulsory traffic insurance coverage.
Can a Student Claim Permanent Disability Compensation?
Potentially yes.
The fact that the injured person has not yet begun full-time employment does not mean permanent disability has no economic effect.
A young person’s future:
- education;
- career prospects;
- earning potential
may be affected.
The evidence and actuarial calculation become particularly important because actual current income may not reflect future economic loss.
Can a Retired Person Claim Bodily Injury Compensation?
Potentially.
Loss of working capacity is not the only relevant loss.
An injury can generate:
- treatment consequences;
- care needs;
- economic future losses;
- moral damage.
Whether a specific earnings-loss claim exists depends on the person’s actual economic activity and evidence.
Can Family Members Claim Moral Damages If the Foreigner Is Seriously Injured?
Potentially, where the bodily injury is sufficiently severe.
Article 56 allows close persons to be awarded appropriate moral compensation in cases of serious bodily injury as well as death.
Examples can include catastrophic injuries such as:
- severe brain damage;
- permanent paralysis;
- extremely serious disability.
The exact award depends on the circumstances.
Does a Criminal Case Need to Finish Before Compensation Is Claimed?
No.
A traffic accident can create separate proceedings:
Criminal Case
Concerns criminal responsibility of the driver.
Compensation Case
Concerns payment of the victim’s loss.
Insurance Claim
Concerns liability of the insurer.
These proceedings can influence one another but are not necessarily required to finish in strict sequence.
A victim should not wait several years for a criminal case to finish before preserving compensation rights.
Should the Foreign Victim Accept the Insurance Company’s First Offer?
Not automatically.
A settlement payment can sometimes be appropriate.
But before accepting a final settlement, the victim should understand:
- permanent disability rate;
- future income loss;
- fault;
- actuarial calculation;
- policy limit;
- whether future damage is included;
- whether the document contains a release.
This is particularly important in bodily injury cases where the victim’s permanent medical condition has not yet stabilised.
What Documents Should a Foreign Victim Preserve?
Accident Documents
- police/gendarmerie report;
- accident report;
- photographs;
- videos;
- witness information;
- CCTV.
Medical Documents
- emergency records;
- hospital discharge;
- surgeries;
- imaging;
- prescriptions;
- rehabilitation records;
- disability reports.
Income Documents
- employment contract;
- salary slips;
- tax returns;
- foreign bank statements;
- employer letters;
- business records.
Vehicle Documents
- registration;
- repair estimate;
- repair invoices;
- expert reports;
- photographs;
- depreciation report.
Insurance Documents
- policy information;
- insurer application;
- delivery proof;
- insurer response;
- payment offer.
Identity Documents
- passport;
- Turkish residence permit if applicable;
- address documents.
Practical Example 1: German Foreigner Injured in Istanbul
A German executive legally residing in Istanbul is hit by a Turkish vehicle.
The other driver is 100% at fault.
The victim suffers permanent leg impairment.
Potential claims can include:
- economic loss from reduced working capacity;
- loss of earnings;
- future economic disadvantage;
- moral compensation.
The compulsory insurer may be liable for covered bodily damage up to the applicable limit, while additional amounts and moral compensation may be pursued from responsible parties.
The victim’s German salary records should be preserved because actual income can materially affect compensation.
Practical Example 2: British Tourist Injured as a Pedestrian
A British tourist is crossing legally when struck by a car in Antalya.
The tourist does not need Turkish residence status to pursue compensation.
The victim can potentially:
- make a claim against the insurer;
- pursue bodily injury compensation;
- claim moral damages from responsible persons.
If the tourist returns to the UK, the case can still be pursued through authorised Turkish counsel.
Practical Example 3: Foreign Driver’s Car Is Damaged
A foreign resident owns a Turkish-plated vehicle.
Another driver causes the accident.
Repair cost:
TRY 250,000
Vehicle depreciation:
TRY 100,000
Potential direct material damage:
TRY 350,000
If fully attributable to the insured vehicle and otherwise covered, this may fall within the 2026 TRY 400,000 per-vehicle compulsory material-damage limit.
Practical Example 4: Vehicle Damage Exceeds Insurance Limit
A luxury foreign-owned vehicle suffers:
- TRY 350,000 repair damage;
- TRY 300,000 depreciation.
Total:
TRY 650,000.
The compulsory insurer’s 2026 per-vehicle property limit may be only TRY 400,000.
The remaining legally established loss may therefore need to be pursued against:
- responsible driver/operator;
- or additional liability insurance.
Practical Example 5: Uninsured Vehicle Injures Foreign Pedestrian
An uninsured vehicle strikes a foreign pedestrian.
The victim suffers permanent disability.
The compulsory insurer is unavailable because there is no valid policy.
The Guarantee Account can potentially respond to qualifying bodily injury caused by an uninsured vehicle, within the applicable statutory limits.
Practical Example 6: Hit-and-Run Vehicle
An unidentified vehicle strikes a foreign cyclist and escapes.
Police cannot identify the vehicle.
The victim has severe bodily injuries.
The Guarantee Account system permits qualifying bodily injury claims where the responsible insured party cannot be identified.
But if the only damage were to the bicycle or parked car, ordinary property damage would generally not be covered by the Guarantee Account merely because the vehicle was unidentified.
Practical Example 7: Foreigner Dies in a Turkish Traffic Accident
A foreign worker living in Türkiye dies in an accident caused by another driver.
The deceased supported:
- spouse;
- two children.
Potential claims include:
- funeral costs;
- qualifying pre-death expenses;
- loss-of-support compensation;
- moral damages.
The compulsory insurer may cover the qualifying death-related material compensation within policy limits.
Moral damages remain outside compulsory insurance and should be directed against responsible persons or other applicable coverage.
Frequently Asked Questions
Can a foreigner claim traffic accident compensation in Türkiye?
Yes.
Does the foreigner need Turkish citizenship?
No.
Does the foreigner need a residence permit?
Not merely to have a compensation claim arising from an accident in Türkiye.
Can a tourist claim compensation?
Yes.
Does Turkish law apply?
For an ordinary accident and damage occurring in Türkiye, Turkish law will normally be applicable under the conflict-of-laws framework.
Can the foreigner claim permanent disability compensation?
Yes, where permanent loss of working capacity is medically and legally established.
Can the victim claim lost salary?
Potentially yes.
Can foreign salary be used?
Potentially yes if convincingly proven.
Can the victim claim vehicle depreciation?
Yes, qualifying depreciation is included within direct property damage under the compulsory traffic insurance framework.
Can the victim claim moral damages?
Yes, where statutory conditions are satisfied.
Does compulsory traffic insurance pay moral damages?
No. Article 92 excludes moral compensation.
What is the 2026 material-damage insurance limit?
TRY 400,000 per vehicle for the principal listed vehicle groups.
What is the 2026 bodily injury/death limit?
TRY 3.6 million per person under the current SEDDK schedule.
Does the insurance limit mean total compensation cannot exceed that amount?
No. Responsible persons may potentially be liable beyond compulsory insurance limits.
Who pays hospital costs?
Traffic accident healthcare costs within Article 98 are handled under the SGK statutory framework, regardless of whether the accident victim personally has Turkish social-security coverage.
Can the foreign victim continue treatment abroad?
Yes medically, but SGK states that treatment abroad merely because the person resides overseas is generally not covered under the ordinary Turkish traffic-accident healthcare provision.
Can the foreigner apply directly to the insurer?
Yes.
Must the insurer be contacted before court proceedings?
For a compulsory traffic insurance claim, yes. Article 97 requires written application first.
How long does the traffic insurer have to respond?
15 days under Article 97.
Can the foreigner use Insurance Arbitration?
Yes.
Can a foreign national apply online to the Insurance Arbitration Commission?
Under the Commission’s current system, foreign nationals must submit applications physically because online filing depends on e-Government authentication.
Can a Turkish lawyer file the arbitration claim?
Yes, with a power of attorney containing the required specific authority.
What if the vehicle is uninsured?
The Guarantee Account may cover qualifying bodily injury.
What if the driver escapes and cannot be identified?
Qualifying bodily injury claims may potentially be made to the Guarantee Account.
Does the Guarantee Account pay damage to a parked car caused by an unidentified vehicle?
Generally no.
What is the limitation period?
Generally two years from learning the damage and liable person and ten years in any event, subject to the longer criminal limitation rule where applicable.
A Practical Compensation Strategy
A foreign victim should generally proceed in the following order.
Step 1 — Determine Fault
Review:
- accident report;
- CCTV;
- witnesses;
- technical evidence.
Step 2 — Identify Every Responsible Party
Determine:
- driver;
- operator;
- business;
- compulsory insurer;
- optional insurer.
Step 3 — Identify Every Damage Category
Do not claim only the first hospital bill.
Analyse:
- bodily injury;
- income;
- permanent disability;
- economic future;
- moral damage;
- vehicle damage;
- depreciation.
Step 4 — Determine the 2026 Insurance Limit
Use the limit effective on the accident date.
Step 5 — Obtain Proper Medical Evidence
Do not calculate permanent disability before the medical condition can be properly evaluated.
Step 6 — Prove Foreign Income
Collect documents before leaving the employer or country.
Step 7 — Apply to the Traffic Insurer
Complete the mandatory Article 97 written application.
Step 8 — Evaluate the Insurer’s Offer
Do not sign a full release without calculating the claim.
Step 9 — Consider Insurance Arbitration
Particularly for insurer disputes.
Step 10 — File Court Proceedings Where Necessary
Claims outside compulsory insurance, including moral damages and excess damage, may require separate proceedings.
Conclusion: Foreigners Injured in Turkish Traffic Accidents Have Broad Compensation Rights
A foreign person involved in a traffic accident in Türkiye should not assume that compensation rights are limited because of nationality.
Turkish traffic and tort law protect persons who suffer:
- bodily injury;
- death-related loss;
- or property damage
through the operation of motor vehicles.
Article 85 of the Highway Traffic Law creates operator liability where operation of a motor vehicle causes death, injury or property damage.
Article 90 links traffic compensation to Turkish tort-law principles where the Highway Traffic Law does not contain a special rule.
For injured persons, Article 54 of the Turkish Code of Obligations recognises:
- treatment expenses;
- loss of earnings;
- reduction or loss of working capacity;
- impairment of economic future.
For fatal accidents, Article 53 protects:
- funeral expenses;
- losses before death;
- persons deprived of the deceased’s support.
Article 56 separately permits moral compensation for bodily injury and, in severe injury or death cases, close relatives.
For foreigners, the most important practical point is that actual economic circumstances should be documented.
A foreign professional earning substantial income abroad should preserve:
- foreign employment documents;
- tax records;
- salary statements;
- bank records.
The victim’s Turkish compensation claim should not be prepared as though every foreign claimant automatically earns Turkish minimum wage.
Insurance is also central.
The 2026 compulsory traffic insurance limits currently provide TRY 400,000 per vehicle for material damage and TRY 3,600,000 per person for health and permanent-disability/death coverage, with different aggregate accident limits depending on vehicle category.
But these numbers must be understood correctly.
The insurance limit is the insurer’s maximum coverage—not necessarily the total value of the victim’s legal claim.
Where actual damage exceeds insurance coverage, the legally responsible driver or vehicle operator can remain liable for the excess.
Moral compensation is also specifically excluded from compulsory traffic insurance.
Therefore, a serious accident may require claims against both:
the insurer
and
the responsible persons.
Vehicle damage should similarly be broken down.
A foreign vehicle owner may potentially claim:
- repair costs;
- total-loss compensation;
- vehicle depreciation.
Vehicle depreciation is expressly included within the direct material-damage concept in the compulsory traffic insurance general conditions.
By contrast, indirect losses such as certain business interruption, income loss or rental deprivation are excluded from compulsory insurance, although they may potentially be claimed from the tortfeasor under general rules where legally proven.
The compulsory insurer should also not be sued prematurely.
Article 97 requires the injured person to first submit a written claim to the traffic insurer.
If the insurer does not respond within 15 days or the response does not satisfy the claim, the claimant can proceed to:
- court;
- or Insurance Arbitration.
For foreign nationals, Insurance Arbitration contains a special practical point.
The Commission currently states that foreigners cannot use its normal e-Government authenticated online filing route and therefore submit their applications physically.
A lawyer may handle the process, but the power of attorney must contain the necessary special authority for Insurance Arbitration or alternative dispute resolution.
If the accident involves an uninsured or unidentified vehicle, the Guarantee Account should be considered.
The Account can compensate qualifying bodily injuries in cases involving:
- uninsured vehicles;
- unidentified vehicles;
- certain stolen vehicles;
- certain insurer insolvencies.
But it is not a universal substitute insurer.
For example, it does not ordinarily pay property damage to a parked vehicle merely because the offending car escaped and could not be identified.
Limitation periods must also be protected.
Under Article 109, ordinary traffic accident compensation claims are generally subject to:
- two years from learning of the damage and liable person;
- and a maximum of ten years from the accident,
while a longer criminal limitation period may apply where the accident constitutes a criminal offence subject to a longer period.
The accident date has become even more important following the 31 July 2026 amendment to Article 55 of the Turkish Code of Obligations.
Law No. 7589 introduced new interest rules for:
- loss of working capacity;
- loss-of-support compensation.
For accidents after the amendment, the compensation relating to periods of known income and future unknown income is now treated differently regarding when statutory interest begins.
Foreign traffic-accident victims should therefore ask more than:
“How much will the insurance company pay?”
The correct legal analysis should determine:
Who caused the accident?
What is the real fault percentage?
Who is legally the vehicle operator?
Which insurance policies exist?
What is the accident-date insurance limit?
Is the victim permanently disabled?
What was the victim’s actual income?
Can foreign earnings be documented?
Did the accident damage future professional prospects?
Is vehicle depreciation available?
Does loss of use need to be claimed from the driver instead of the insurer?
Are moral damages appropriate?
Does the Guarantee Account apply?
Has the compulsory insurer received a proper Article 97 application?
Should the dispute go to Insurance Arbitration or court?
Is the limitation period protected?
Once these questions are answered correctly, a foreigner injured in Türkiye can pursue the full range of compensation rights available under Turkish law rather than limiting the claim to the amount first offered by an insurance company.
Legal Basis
Law No. 5718 on International Private and Procedural Law
Article 34 — Torts
Tort obligations are generally governed by the law of the country where the tort occurred.
Where the place of the act and place of damage differ, the law of the place where the damage occurred generally applies.
The statute also recognises direct insurer claims where permitted under the applicable law.
Highway Traffic Law No. 2918
Article 85 — Liability of the Vehicle Operator
Where operation of a motor vehicle causes:
- death;
- bodily injury;
- property damage,
the operator can be liable under the statutory framework.
Article 90 — Material and Moral Compensation
Traffic compensation is governed by the Highway Traffic Law and, on matters not specially regulated, the tort provisions of the Turkish Code of Obligations.
Article 91 — Compulsory Liability Insurance
Vehicle operators are required to maintain compulsory financial liability insurance for the statutory responsibility arising from vehicle operation.
Article 92 — Exclusions
Compulsory insurance does not cover certain categories including:
- moral damages;
- the claimant’s own fault share;
- specified indirect losses;
- other statutory exclusions.
Article 97 — Direct Claim Against the Insurer
Before court or arbitration against the compulsory insurer, the injured party must first make a written insurance application.
If no adequate response is provided within 15 days, court or arbitration becomes available.
Article 98 — Healthcare Expenses
Traffic-accident healthcare services are covered through SGK under the statutory system regardless of the victim’s personal social-security status.
Article 109 — Limitation
Claims are generally subject to:
- 2 years from knowledge;
- 10 years maximum from accident;
with longer criminal limitation periods applying where statutory conditions exist.
Turkish Code of Obligations No. 6098
Article 53 — Death
Compensable losses include:
- funeral expenses;
- qualifying pre-death treatment and working-capacity losses;
- loss of support.
Article 54 — Bodily Injury
Compensable losses include:
- treatment expenses;
- loss of earnings;
- reduction or loss of working capacity;
- impairment of economic future.
Article 55 — Calculation
Bodily injury and loss-of-support compensation are calculated according to Turkish liability principles.
Law No. 7589 introduced new interest and payment-offset rules on 31 July 2026 for relevant future accidents.
Article 56 — Moral Damages
A court may award moral compensation for bodily injury.
Close persons may also qualify in cases of severe bodily injury or death.
2026 Compulsory Traffic Insurance Limits
Current SEDDK limits for the main passenger-vehicle category include:
Material Damage
- TRY 400,000 per vehicle
- TRY 800,000 per accident
Health
- TRY 3,600,000 per person
- TRY 18,000,000 per accident
Permanent Disability and Death
- TRY 3,600,000 per person
- TRY 18,000,000 per accident.
Vehicle-category aggregate limits should always be checked separately.
Final Checklist for a Foreign Traffic Accident Victim in Türkiye
Before settling the claim, determine:
- Where did the accident occur?
- What vehicles were involved?
- What are the licence plates?
- Is the responsible vehicle insured?
- What is the insurance company?
- What is the accident date?
- What insurance limit applies?
- What is the victim’s fault percentage?
- Is the police report correct?
- Is CCTV available?
- Are witnesses available?
- Was the victim injured?
- Was hospital treatment obtained?
- Is treatment continuing?
- Has permanent disability stabilised?
- Is a proper disability report available?
- What was the victim’s actual income?
- Is that income earned abroad?
- Are foreign payroll and tax records available?
- Has there been temporary income loss?
- Is there permanent working-capacity loss?
- Has economic future been impaired?
- Is caregiver assistance needed?
- Is moral compensation appropriate?
- Was the vehicle damaged?
- What is the repair cost?
- Is the vehicle a total loss?
- Is there vehicle depreciation?
- Was the vehicle unavailable during repair?
- Is the loss-of-use claim outside compulsory insurance?
- Did someone die in the accident?
- Who depended economically on the deceased?
- Is loss-of-support compensation available?
- Does the 31 July 2026 TBK Article 55 amendment apply?
- Was the compulsory insurer formally notified?
- Has the 15-day Article 97 period expired?
- Did the insurer make an offer?
- Was a release document offered?
- Should Insurance Arbitration be used?
- Does the foreign applicant need physical filing?
- Does the power of attorney contain special arbitration authority?
- Is the vehicle unidentified?
- Was the vehicle uninsured?
- Does the Guarantee Account apply?
- Is the claim within limitation?
- Does a longer criminal limitation period apply?
- Will the foreign victim leave Türkiye?
- Can the entire process continue through Turkish counsel?
- Are foreign documents translated and authenticated?
- Have all compensation categories been calculated before settlement?
Disclaimer: This article provides general legal information regarding traffic accidents, bodily injury, death, motor insurance and compensation rights of foreigners in Türkiye as of September 2026. It does not constitute individual legal advice. Traffic accident compensation can vary substantially according to fault, accident date, medical disability, income, insurance limits, vehicle status, policy conditions, criminal proceedings and documentary evidence.
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