Traffic accidents are events that can cause significant damage both materially and emotionally. Victims of such accidents have the right to seek legal recourse in order to compensate for the damages they have suffered. This article will discuss compensation lawsuits related to traffic accidents, the types of compensation that can be claimed, and how the legal process works.
Traffic Accident and Legal Liability
Individuals who suffer damage in a traffic accident can file a lawsuit against the person responsible for the accident, as well as the Insurance Company of the vehicle involved in the accident. If the vehicle belongs to a legal entity, a lawsuit can also be filed against the legal entity itself for compensation of damages. The at-fault driver, vehicle owner, or vehicle operator is obligated to COMPENSATE for the damage in proportion to the fault attributed to them in the accident. These damages may include material compensation for physical damages to the vehicle, such as the cost of repair or depreciation, as well as moral compensation for injuries sustained, permanent scars, or the pain and suffering endured by the individuals involved in the accident.
Compensation Items
Compensation that can be requested as a result of a traffic accident is essentially divided into two categories: material compensation and moral compensation. Additionally, it is useful to examine the compensation items separately in terms of material and moral compensation.
a) Material Compensation Items That Can Be Requested:
- Treatment Expenses: Hospital, surgery, medication, and physical therapy costs.
- Loss of Earning Capacity (Permanent Disability Compensation): Calculated if there is permanent disability after the accident.
- Temporary Disability Compensation: Determined based on the period of time the victim is unable to work after the accident.
- Loss of Support Compensation: In fatal accidents, paid to the individuals who were dependent on the deceased.
- Vehicle and Property Damages: Repair costs of the vehicle, depreciation, and damages caused by the inability to use the vehicle.
b) Possible Items for Claiming Non-Material Compensation
- The injured person may be compensated for their pain, suffering, and psychological damages through non-material compensation.
- In fatal accidents, the close relatives of the deceased (such as parents, spouse, children, and siblings) may claim non-material compensation.
The Legal Process That Needs to Be Followed
There are certain legal procedures that must be followed in order to file a lawsuit and obtain the compensation owed to you after a traffic accident. Failure to properly or timely carry out these procedures may lead to situations where individuals are unable to receive the compensation they deserve and may face the loss of their rights. Therefore, it is extremely important for this entire process to be followed and managed through an experienced lawyer in the field. Additionally, there are many individuals known as “insurance brokers” who are not practicing lawyers, and it is crucial to avoid granting power of attorney to these individuals, trusting them, assigning debt claims to them, and to be cautious in order to avoid being defrauded or suffering from various damages.
EVIDENCE COLLECTION AND PREPARATION STAGE
Immediately after the traffic accident occurs, the process should begin promptly, and the first step should be evidence collection and reporting. During this stage, an accident report should be prepared, and if there are injuries, documents such as hospital reports, disability reports, and autopsy reports (in fatal accidents) should be obtained. These documents may vary depending on the specifics of each accident, and the expert lawyer you consult for legal advice will guide you on how to obtain these documents.
Fulfilling the Requirement of Applying to the Insurance Company
The first step to initiate a lawsuit based on your compensation claims is to submit a WRITTEN APPLICATION to the insurance company to cover your damages and compensation. This is essentially a procedural requirement that must be fulfilled. If the insurance company does not make a payment within 15 DAYS after the application, or makes an insufficient payment, it is possible to proceed with a lawsuit for the remaining payments and compensation claims. In this case, the right to file a lawsuit will arise.
The Mandatory Mediation Process
In our legal system, the institution of mediation exists, and if a lawsuit is to be filed against INSURANCE COMPANIES in cases of traffic accidents leading to material and moral compensation, the MANDATORY MEDIATION INSTITUTION is applicable. In this case, the mediation application is considered a PRECONDITION for the lawsuit. If the lawsuit is filed without the mediation application and negotiations taking place, it is inevitable that the lawsuit will be rejected on the grounds of failure to meet the procedural requirements.
The mediation process begins when the affected party applies to the mediation office located at the courthouse in their area, and a mediation file is opened. A mediator is assigned through the system, and the assigned mediator contacts the parties.
During this process, the parties are free to negotiate their demands, and they can communicate their requests to the other party. If an agreement is reached, the process ends without filing a lawsuit. The creditor can collect their compensation through the mediation process. If an agreement cannot be reached, the party requesting compensation has the right to file a compensation lawsuit. In this case, the next step is to proceed with the lawsuit based on the requested compensation items.
The Competent Court in the Lawsuit Stage
In compensation lawsuits arising from traffic accidents, the MAIN COURT OF JURISDICTION is the CIVIL COURTS OF FIRST INSTANCE. However, if one of the parties is a merchant, for example, if the vehicle is registered under a company’s name or if the operator is a commercial company, and if a lawsuit is also filed against the insurance company, in this case, the lawsuit should be filed in the COMMERCIAL COURTS OF FIRST INSTANCE.
COURT OF COMPETENCE IN THE LAWSUIT STAGE
In material and moral compensation lawsuits arising from traffic accidents, the plaintiff is granted the right to choose the competent court. The plaintiff can file the lawsuit in the court of the place where the accident occurred, the court where the defendant insurance company is headquartered, or the court of the place where the injured party resides. The plaintiff has the right to freely choose from these options.
Statute of Limitations for Material and Moral Compensation Arising from Traffic Accidents
The issue of the statute of limitations is of great importance in material and moral compensation cases arising from traffic accidents. Different statutes of limitations are prescribed for various compensation claims, both material and moral. It is crucial to correctly identify these time limits and not miss them in order to avoid loss of rights or even situations where one might end up paying extra money to the other party when claiming compensation. Seeking legal support from a specialized lawyer in this area is essential.
Generally, the statute of limitations is set to 2 YEARS from the discovery of the accident and the perpetrator, and in any case (even if the accident or the perpetrator cannot be identified), 10 YEARS. For example, if a person had an accident on 01.04.2025 and learned about the accident and the driver at the time of the crash, the right to claim compensation would expire on 01.04.2027.
However, if the accident occurred on 01.04.2025, and the perpetrator and vehicle fled and could not be identified, the right to compensation would expire on 01.04.2035. The claim would be barred due to the statute of limitations (10 YEARS).
The Effect of the Statute of Limitations on Criminal Cases
If the traffic accident also constitutes a crime and a criminal case has been filed regarding the accident, the statute of limitations for the criminal case will apply to the compensation case. For example, if an injury occurred as a result of the accident and the alleged crime is identified as NEGLIGENCE IN INJURY (Taksirle Yaralama), the statute of limitations for the compensation claim will not be 2 years, but rather the 8-year statute of limitations applicable to the crime of negligence in injury.
Circumstances that Interrupt or Suspend the Statute of Limitations
In our legal system, certain situations interrupt or suspend the running of the statute of limitations, and after these situations end, the time period resumes from where it left off. This can be compared to pausing a running stopwatch and then continuing it from where it stopped. These situations include the Mediation process, Filing a lawsuit, Initiating enforcement proceedings, Partial payment of the debt, Written acknowledgment and acceptance of the debt, and Written settlement negotiations between the parties.
Conclusion
As a result of traffic accidents that frequently occur in practical life, such as those involving property damage, injuries, fatalities, or combinations of these, the parties who suffer damages have the right to claim the MATERIAL AND MORAL damages they have incurred due to the fault of the other party involved in the accident.
It is essential to carefully determine the compensable damage items, establish timeframes, and diligently manage the process leading up to the lawsuit, as well as the lawsuit itself. This should be done with meticulous attention to avoid even the smallest mistakes that could result in significant loss of rights and further damage. Therefore, it is crucial to follow up on the case files with the assistance of a specialized lawyer. Our law firm provides professional legal support, case management, and advisory services in the areas of TRAFFIC AND COMPENSATION LAW.
Lawyer Gökhan AKGÜL & Lawyer Muhterem Alpdoğan ALTIN
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