Traffic accidents are serious events that affect the lives of millions of people every year, sometimes causing permanent and sometimes temporary damage. These accidents not only lead to physical injuries but also create various damages to individuals' assets. At this point, the right of victims to compensate for their material and moral damages is secured by insurance law and compensation claims.
Individuals who face permanent difficulties due to limb loss, reduced quality of life, physical injuries, or the inability to work as a result of a traffic accident can claim compensation for the damages they have suffered. Additionally, damages related to assets, such as vehicle depreciation and repair costs, can also be compensated. Claims for moral compensation due to the emotional pain and suffering caused by the event are also possible. This article will discuss compensation claims related to traffic accidents, insurance law, and the procedures to be followed in this process.
For compensation claims arising from traffic accidents, a lawsuit can be filed in the judicial courts, or in case the desired outcome is not obtained from the insurance company (such as a negative response, failure to respond within the specified time, or partial payment), an application can be made to the Insurance Arbitration Commission. Compensation claims can be made against the negligent driver, the insurance company, the guarantee fund (for a partial amount), and the vehicle owner/operator.
Fault Status
In traffic accidents, fault is the key factor in determining the responsibility of the parties involved and refers to negligence, carelessness, or violations of traffic rules that led to the accident. The fault ratio plays a decisive role in determining the compensation amount, and this ratio is determined by evaluating various factors such as the location of the accident, weather and road conditions, and the condition of the vehicles and drivers involved.
It is possible to contest the fault ratio determined after the accident. In traffic accidents, both parties may be considered at fault. Even if the majority of the fault lies with one party, if the other party has even a minor fault, the injured party may seek compensation from that party or their insurance company. In cases where both parties are deemed at fault, insurance companies will only pay compensation based on their own client's fault ratio, and the parties can use their compensation rights accordingly.
Material Compensation: Physical Injuries, Repair Costs, and Depreciation
In traffic accidents, in addition to physical injuries, property-related damages can also be compensated. The victim can claim compensation for medical expenses and loss of income due to physical injuries from the insurance company or the at-fault drivers. These types of damages are typically calculated based on the following categories:
Medical Expenses: Hospital treatments, medication costs, and expenses related to the physical recovery process after the accident. Additionally, future treatment and rehabilitation expenses can also be covered under compensation.
Inability to Work and Disability: Loss of work or permanent disabilities resulting from the accident can affect the individual’s income, leading to compensation claims. This is especially relevant if the individual is unable to perform their profession or suffers temporary/permanent loss of work capacity.
Additionally, property damages such as vehicle depreciation and repair costs resulting from the accident can also be compensated. The vehicle owner can claim the depreciation of the vehicle and repair costs from the insurance company or the at-fault drivers. The depreciation value represents the decrease in the market value of the vehicle after the repairs are completed.
Moral Compensation and Loss of Support
Moral compensation claims due to a traffic accident are also significant. The relatives of the injured person can claim moral compensation for the grief and pain they experience as a result of the accident. The right to moral compensation for close family members is directly related to the emotional distress they suffer after the accident.
In the case of death, those who have lost financial support from the deceased can claim "loss of support" compensation. This compensation is aimed at compensating for the lost income and financial support. Moreover, the deceased's family can also claim compensation for medical expenses, funeral, and burial costs.
Vehicle Deprivation Costs (Replacement Vehicle Costs)
In the aftermath of a traffic accident, when the victim’s vehicle becomes unusable, a replacement vehicle cost, also known as a vehicle deprivation cost, can be claimed to compensate for the additional financial loss suffered by the victim. This cost covers the period when the victim is without a vehicle during the repair process or if the vehicle is completely unusable. The replacement vehicle cost can be claimed from the at-fault drivers, the vehicle owner, or the operator.
Claim Against Insurance Company and the Insurance Arbitration Commission
To claim compensation from insurance companies due to a traffic accident, the first step is to apply to the insurance company. However, sometimes insurance companies may reject claims, fail to respond within the required timeframe, or provide insufficient payments. In such cases, the Insurance Arbitration Commission can step in. Disputes not resolved with the insurance company can be addressed by filing a claim with the Insurance Arbitration Commission.
It is important to provide all necessary documents in full when applying to the insurance company. To get guidance on how to apply to the insurance company and what documents are required, seeking the assistance of a lawyer will be very beneficial.
Statute of Limitations
Compensation lawsuit arising from a traffic accident is generally subject to a two-year statute of limitations. This period begins from the date of the accident, and the victim must claim their rights within this time. However, in some cases, if criminal acts related to the traffic accident (such as negligent injury) are involved, the statute of limitations defined for the offense will apply.
Competent and Authorized Court for Lawsuits
In a compensation lawsuit arising from a traffic accident, the competent court is generally the Civil Court of First Instance. However, if the lawsuit is filed against an insurance company, the court will be based on the insurance company’s responsibility under the policy, and the competent court will be the Commercial Court of First Instance. In places where there is no Commercial Court of First Instance, the Civil Court of First Instance will resolve the dispute in its capacity as the Commercial Court of First Instance. The authorized court can be the court in the defendant’s place of residence, the court where the accident occurred, the court in the injured party’s residence, or the court where the insurance company’s headquarters is located.
Steps to Take After an Accident and the Lawyer's Role in Traffic Accident Cases
In the event of a traffic accident, the first thing to do is to contact a lawyer specializing in traffic accident cases. However, if this is not possible, the following steps will be crucial for addressing the legal aspects of the accident:
Prepare an accident report (agree with the parties or wait for the traffic police if necessary)
Obtain copies or photos of documents such as the vehicle registration, insurance policy, and driver’s license to resolve damage-related issues like vehicle depreciation and repair costs under insurance law
Wait for the police if there are injuries or fatalities
Wait for the police if third-party property is damaged, there is alcohol involvement, a lack of a driver's license, or underage driving
Take photos of the accident from various angles to show how the accident occurred
Inform the insurance company
Traffic accidents can cause significant harm to individuals, both physically and financially. Insurance law plays a crucial role in compensating for these damages. It is important for victims to take the correct legal steps, effectively manage the process with insurance companies, and, if necessary, apply to the Insurance Arbitration Commission. To protect their rights in the most effective way, it is highly recommended that victims seek legal support from a lawyer during this process.
Comments