Insurance contracts are governed by the sixth book of the Turkish Commercial Code (Law No. 6102), and the activities of insurance companies by the Insurance Law (Law No. 5684). Disputes between the insured and the insurance company may be resolved in court or before the Insurance Arbitration Commission. This heading covers the most common subject: traffic accidents and the compensation claims arising from them.
Traffic accidents
In motor vehicle accidents, the operator of the vehicle and the owner of the enterprise to which it is attached are jointly and severally liable for the resulting damage under Article 85 of the Highway Traffic Law (Law No. 2918). Every motor vehicle must have compulsory motor third-party liability (traffic) insurance; the injured party may apply directly to the insurance company within the policy limits. Under Article 97 of the Law, a written application must be made to the insurance company before filing a lawsuit or initiating arbitration. For bodily injury caused by uninsured or unidentified vehicles, an application may be made to the Guarantee Account. Compensation claims are subject to the limitation periods in Article 109 of the Law.
- Degree of fault and the accident report
- Compulsory traffic insurance and coverage limits
- Written application to the insurance company
- Guarantee Account
- Motor own-damage (kasko) insurance and recourse
- Limitation periods
Property damage and bodily injury
The reduction in assets resulting from a tort is property (pecuniary) damage; harm to a person's physical integrity is bodily injury. For damage to a vehicle, the cost of repair and the drop in the vehicle's market value (diminished value) may be claimed. Under Article 54 of the Turkish Code of Obligations (Law No. 6098), bodily injury losses comprise medical expenses, loss of earnings, losses resulting from reduced or lost capacity to work, and losses resulting from impairment of economic prospects. In the event of death, funeral expenses and the losses of persons deprived of the deceased's support may be claimed under Article 53 of the Code.
- Vehicle damage and diminished value
- Medical expenses
- Temporary and permanent incapacity
- Loss of earnings
- Compensation for loss of support
- Disability report and actuarial calculation
Non-pecuniary (moral) damages
Non-pecuniary (moral) damages are a sum of money awarded to provide a measure of redress for the pain and suffering a person has experienced. Under Article 56 of the Turkish Code of Obligations, in the event of harm to physical integrity, the judge may, taking into account the particular circumstances of the case, order an appropriate sum of money to be paid to the injured party as non-pecuniary (moral) damages. In cases of serious bodily injury or death, non-pecuniary damages may also be paid to the relatives of the injured or deceased person. Non-pecuniary damages are outside the coverage of compulsory traffic insurance; they are therefore, as a rule, claimed from the driver, the vehicle operator or the enterprise to which the vehicle is attached.
- Non-pecuniary damages for the injured person
- Non-pecuniary damages for relatives
- Criteria considered in determining the amount
- Exclusion from compulsory traffic insurance coverage
This text is for general information purposes only; it is not legal advice.