Why Do the Losses from an Accident in Türkiye Continue in a Foreign Country?
Treatment continuing in two or more countries
The accident may occur in Türkiye and first aid may be given here; after returning home, the tourist may undergo new examinations, surgery, physiotherapy, psychological support or rehabilitation. The medical link between the initial diagnosis and the later findings must be established, and it must be examined whether another illness or an independent accident has intervened.
Temporary inability to work and permanent loss of working capacity are different
Temporary incapacity to work is the loss of working capacity during the period of treatment and recovery. Permanent incapacity to work concerns the earning or occupational capacity that is permanently reduced after the injury. The concepts of working capacity, capacity to earn in one's occupation and degree of disability may rest on different legislation and serve different calculation purposes; the same percentage should not be carried over to every assessment.
The tourist's country of residence affects the calculation of the actual loss
For a tourist who works in the United Kingdom, Germany, Russia, the Netherlands or another country, the level of income, occupation, pay system, social insurance payments and treatment costs can differ from one another. Foreign citizenship and actually living abroad are not the same fact; habitual residence and the place of work must be shown by records.
Which Documents Should Be in the Initial Accident File in Türkiye?
Incident record and cause of the accident
In a traffic or transfer accident, the traffic accident report and the vehicle and insurance records; in a hotel accident, the incident report, camera footage and maintenance data; in an activity accident, the tour sales document and the guide and equipment records should be obtained. Because the way the injury occurred is the basis of the medical causation review, a hospital report alone may not be sufficient.
Related article: Airport Transfer and Tour Bus Accidents in Türkiye: Rights of the Foreign Tourist and the Liability of the Carrier, Hotel, Agency and Insurance Company.
Initial examination, imaging and surgery records
The discharge summary (epikriz), emergency department records, the raw files of radiology images, the operation note, consultations, prescriptions, laboratory findings and the discharge document must remain available for later comparison. Legible copies of the Turkish documents and, where possible, the digital imaging files should be kept.
Flight and return-home records
A physician's statement that travel is inadvisable, postponement of the flight, additional accommodation, a companion, changes to the plane ticket and medical transfer records can form part of the pecuniary loss once a connection to the incident is established. The lost value of the services due to the cut-short holiday and compensation for bodily harm are different types of claim.
Legal Value of Medical Reports Issued Abroad
How is a foreign hospital document submitted to the file?
The report of a hospital or physician abroad is submitted in a form faithful to the original, where possible with letterhead, date, the physician's identity and the institution's details. A duly prepared Turkish translation is required for the language of the court. Whether the document is official or private in nature and the international agreements to which Türkiye is a party may affect the need for certification or an apostille; it cannot be said that every private physician's report must necessarily carry an apostille, or that it is otherwise void.
HMK Art. 224: foreign official documents and private hospital records must be distinguished
Article 224 of the Code of Civil Procedure (HMK) regulates the certification conditions under which documents issued by foreign state authorities acquire the status of official documents in Türkiye, and the effect of the international conventions to which Türkiye is a party. An apostille or consular certification may relate to verifying the source of the document and its character as an official act; however, it does not by itself prove the scientific accuracy of the medical opinion it contains, the causal link with the accident or the degree of disability. A private hospital report and an official document of a foreign public authority are not in the same class. The source of the document, its original electronic verification, its translation, the signature and authority position and the medical determination regime in force on the date of the incident must be examined separately; where necessary, the document should be assessed by the Turkish court through an expert examination.
How are foreign diagnostic and treatment records reconciled with the report from Türkiye?
The continuity of the injury can be demonstrated by comparing the first X-ray, MRI, CT, surgery and later examination findings. Medical terms and ICD codes are supportive, but the clinical content of the report and the objective examination findings should be the basis. If the translation affects the clinical meaning, a translator familiar with medical terminology should be preferred.
Why can failing to review translated documents cause problems?
The decision of the 21st Civil Chamber of the Court of Cassation (Yargıtay 21. Hukuk Dairesi), E. 2015/21051, K. 2016/11433, 22 September 2016, concerns the need for medical records to be obtained from Germany and translated to be included in the assessment of the report in an action for a disability pension. Because the decision concerns a social security disability pension, the same legislation does not directly apply to the tourist's private-law compensation action; however, a careful and limited comparison can be drawn in the sense that foreign medical evidence must be included in a comprehensive medical assessment.
How Should a Permanent Incapacity or Disability Report Be Obtained?
The report should be obtained under the regulation appropriate to the date of the accident
The regulation and assessment criteria to be applied in compensation actions may be determined by the date of the accident and the type of action. It is not correct to apply the current disability regulation to every earlier incident without checking the relevant historical regulation. The expert should be specifically asked for a separate assessment of the date of the incident, the diagnosis, the sequelae, the rate, the recovery period and the working capacity.
Related article: Compensation After Injury in a Traffic Accident: Impairment, Incapacity to Work and Caregiver Costs.
Is a rate set by a foreign institution automatically valid?
A foreign country's insurance or disability grading may not be the same as the criteria on which Turkish compensation proceedings are based. A foreign report is evidence; where necessary, an assessment capable of review is separately made by the panel of experts appointed by the court in Türkiye. If the same disability is stated with different percentages in different countries, this should be investigated as a contradiction and should not be treated directly as forgery or error.
What if a physical examination is not possible?
The tourist may have returned home and may be unable to travel because of a serious impairment. Whether it is medically possible to prepare a report on the basis of complete imaging and clinical records can be put to the competent authority. It is not accepted as certain in every case that a review on the documents alone must be carried out; if tests are missing or there are contradictions, additional medical evidence may be required.
How Are Treatment Expenses Abroad Proved?
Invoices and medical necessity must be investigated together
The invoices for the hospital, physician, physiotherapy, medication, prosthesis, orthosis, psychological support, home care and transport must be connected with the treatment of the accident concerned. The existence of an invoice alone does not show that all the procedures were caused by the accident and were necessary; but the fact that an expense was incurred abroad is not in itself a ground to reject it either.
Future treatment and rehabilitation
A medically foreseen later operation, replacement of a prosthesis, physiotherapy and need for care can be substantiated by an expert opinion. The estimated cost, the treatment plan, the country's prices and the applicable calculation methods should be examined with an expert.
Payments covered by the claimant's own insurance
Travel health insurance, employer insurance, social security or private health policies rest on different grounds for payment. The provision of Article 55 of the Turkish Code of Obligations (TBK) on social security payments that cannot be subject to recourse is assessed together with the legal nature of set-offs for actual performance or payment. The prohibition of double recovery and the automatic deduction of every insurance payment are not the same rule.
Related article: Travel Insurance for Foreign Tourists Injured in an Accident on Holiday in Türkiye: Treatment Expenses, Exclusions, Claims to the Insurer and Compensation.
TBK Art. 75–76 for a Tourist Whose Treatment Is Continuing: Modification of the Judgment and Interim Payment
TBK Art. 75: protection after judgment where the extent of the loss is not certain
When treatment, surgery or rehabilitation has not been completed, the extent of the bodily loss may not be fully determinable at the time of the judgment. TBK Art. 75 provides that in such a case the judge may reserve the power to modify the compensation award within two years from the date the judgment becomes final. This power is not deemed to have been reserved automatically; it should be assessed before the court together with the concrete medical uncertainty and the claim strategy. The two-year period is not a limitation provision that generally extends all compensation claims.
TBK Art. 76: interim payment for treatment expenses and living needs
TBK Art. 76 provides that where the injured person submits convincing evidence of being in the right and his or her economic situation also requires it, the judge may, on request, order the defendant to make an interim payment. The payment is set off against the compensation awarded; if no compensation is awarded, repayment and interest may follow. In a file where treatment abroad is continuing, medical records, invoices, loss of income and documents showing economic need should be prepared together. An interim payment does not mean that the action will necessarily be won, or that a payment will be made on every application.
How Is the Foreign Tourist's Loss of Wages and Earnings Calculated?
Determining actual net income
The employment contract, payslips, tax return, employer's letter, bank movements and occupational title should be examined together. Where income is irregular, bonus-based, seasonal or comes from self-employment, a multi-period calculation clarified in detail may be required. Gross payment should not be confused with net income, nor turnover with professional earnings.
Income documents in foreign currency
The genuineness of a wage in foreign currency is investigated with the official data of the country concerned and the payment documents. Because income is in foreign currency, a judgment cannot automatically be given in the same currency for every item of the compensation action; the claim, the applicable law, the contract, the currency of the debt and the calculation method must be determined separately.
Incapacity benefit and social security set-offs
The claimant may have received temporary incapacity or occupational disease payments from a foreign social security system. What the payment covers, whether the insurer has a right of recourse and whether it overlaps with the loss claimed should be examined. Without this investigation, there is a risk of double payment or unjustified under-compensation.
Retirement, change of occupation and disruption of the economic future
A permanent physical sequela may prevent the person from returning to the former job or may lead the person into lower-paid work. Age, occupation, education, the country's labour market, working life expectancy, career expectations and a provable earnings projection are assessed separately. An abstract career claim is not sufficient for a forecast of the future to be accepted.
Court of Cassation Decisions: Foreign Earnings and the Country of Residence
Court of Cassation 4th Civil Chamber (Yargıtay 4. Hukuk Dairesi), E. 2022/1528, K. 2023/12795, 29 November 2023
In a traffic accident that occurred in Türkiye, a claim for loss of support was examined after a family living in Russia lost their daughter. In the earlier reversal reasoning, it was assessed that the automatic use of the Turkish minimum wage was not correct and that the education and probable income of the supported person in the country where she would live should be investigated; the later judgment, given in compliance with the reversal, was affirmed. The decision concerns the calculation of support in a death case; it is not the same formula as the incapacity to work of an injured adult. Nevertheless, it sheds significant light on the principle that foreign living and income conditions must be investigated.
Court of Cassation 17th Civil Chamber (Yargıtay 17. Hukuk Dairesi), E. 2012/9512, K. 2013/6161, 2 May 2013
The dispute concerned taking into account the real economic conditions in the foreign country in calculating the loss of family members following the death of a supporter who lived in Georgia and was a taxpayer. This decision likewise concerns loss of support through death; it is not a direct precedent for disability from injury in the subject of this article, but a comparison as to the effect of the country's economy on the calculation.
Court of Cassation 4th Civil Chamber, E. 2021/15661, K. 2022/9454, 27 June 2022
In the decision, objections to the regulation on which the report was based and the competent reporting authority became important in determining the rate of bodily harm or disability. The rate, the authority that prepared the report and the regulation in force on the date of the incident must be checked together before any calculation is made.
Currency, Interest and the Award of Compensation
The currency of the actual loss and the currency of the judgment may differ
The tourist's euro expense in Germany or sterling salary in the United Kingdom is important in documenting the actual loss. However, the currency in which the claim will be made is assessed within the framework of the TBK, the Law on Private International and Procedural Law (MÖHUK), debts in foreign currency, the prayer for relief in the statement of claim and the relevant case law. It is not correct to treat the invoice currency directly as the currency of the judgment.
Exchange-rate date and conversion calculation
The date on which each expense arose, the date of payment made, the foreign currency, the conversion rate applied and the start date of interest should be shown transparently. Adding together the income and expenses of all years at a single exchange rate can produce a result that departs from reality. The expert may be asked for an item-by-item calculation and an alternative sensitivity check.
Law No. 7589 and the amendment to TBK Art. 55 after 31 July 2026
The provisions added to TBK Art. 55 by Article 18 of Law No. 7589 introduced a distinction for loss of working capacity and loss of support: interest runs from the date of the incident on the total compensation for the period in which the earnings are known, and from the date of judgment on the total for the period in which the earnings cannot be known. A proportionate set-off of certain payments made for the purpose of compensation before the start of the investigation is also regulated.
The transitional provision does not automatically apply to earlier accidents
The transitional article of Law No. 7589 expressly provides that the amendment to Art. 55 applies to tortious acts or damaging events occurring after 31 July 2026. For accidents before that date, the earlier provisions apply. That the action is filed after 2026 does not change the date of the accident.
Law No. 3095, Art. 1 and Art. 4/a: the interest rate and a foreign-currency claim must be examined separately
Article 1 of Law No. 3095 (Law on Statutory Interest and Default Interest) was amended by Article 10 of Law No. 7589. Where it is not fixed by contract, statutory interest is determined at 80% of the rediscount rate applied by the Central Bank of the Republic of Türkiye (TCMB) to short-term credit transactions on 31 December of the previous year; if the 30 June rate differs from the previous 31 December rate by at least five points, 80% of the 30 June rate applies in the second half of the year. An interest calculation that varies by period should therefore be made, and the dates of the incident and the interest periods should not be confused. Article 4/a of Law No. 3095, for claims that can actually be awarded as a foreign-currency debt, and unless a higher interest rate has been agreed by contract, takes as its basis the highest interest rate that state banks apply to one-year deposits in the foreign currency concerned. A foreign-currency income record, an award of compensation in foreign currency and interest on a foreign-currency debt are different legal questions. The 2026 interest start-date regime of TBK Art. 55 must also be applied separately and with regard to the transitional provision.
Which Law May Apply in Türkiye and in the Foreign Country?
MÖHUK Art. 34: tort
For an accident occurring in Türkiye, the law of the place of the act under Art. 34/1 is the starting point. If the country of the act and the country where the damage occurred differ, Art. 34/2 comes into play; if the relationship is more closely connected with another country, Art. 34/3. Determining the applicable law and establishing the amount of the loss arising in the foreign country are different stages. That treatment has continued abroad does not mean that the whole tort is automatically subject to foreign law.
MÖHUK Art. 26: the limits of the consumer contract
Where a package tour contract is sold in another country, the conditions of Art. 26 may be examined. However, Art. 26/4 keeps within a special exception, with the exception of package tours, contracts of carriage and contracts under which the service to the consumer must be provided in another country. Thus, tort, accommodation, insurance and package tour contracts should not be reduced to a single conflict-of-laws rule.
Bringing an action in Türkiye and international jurisdiction
MÖHUK Art. 40 et seq. determine the framework of the international jurisdiction of the Turkish courts. In special contract, tort and insurance proceedings, subject-matter and territorial jurisdiction may differ. That a foreign person does not reside in Türkiye does not automatically prevent an action from being filed; however, the security under Art. 48 and the exemptions under international agreements are taken into account.
The effect of a foreign judgment in Türkiye
There may be a determination of health expenses abroad, a social security payment or a separate court judgment. The recognition and enforcement of a foreign court judgment is subject to different conditions, and the evidentiary value of a medical document to other rules. The recognition and enforcement procedure is not applied to every foreign document.
Strategy for Action, Insurance and Evidence After Leaving Türkiye
Power of attorney from abroad
A lawyer in Türkiye can be authorised by a power of attorney drawn up before a foreign notary or by a consular act. Translation, apostille or certification requirements vary according to the country and the type of document. A secure method of sharing should be chosen for personal health data.
Preservation of evidence
Camera footage, maintenance records, the hotel or activity organisation file and traffic evidence must be protected from being lost. Preservation of evidence under HMK Art. 400 may be considered for evidence that is at risk of being lost; however, it does not in itself take the place of an action that would interrupt the limitation period.
Application to the insurer and the persons responsible
The coverage of vehicle, boat, commercial activity, hotel and travel insurance differs. A direct claim against the insurer of the person responsible may arise if the relevant policy and the law applicable under MÖHUK Art. 34/4 allow it. Whether a special waiting period or a mediation requirement applies to an insurance application should be verified.
How should the defendants' defences be assessed?
A prior illness, an alternative injury, excessive treatment expenses, a new accident after returning home, failure to prove foreign income, the expected return to work capacity, an insurance payment and contributory negligence (müterafik kusur) are the main counter-defences. Each of them should be examined by stating which evidence affects which item of loss.
Partial Claims, Increase of the Claim and Limitation in a Compensation Action After 2026
The repeal of HMK Art. 107 and the protection of actions filed earlier
Article 19 of Law No. 7589 repealed, as of 31 July 2026, HMK Art. 107, which regulated the action for an uncertain claim. However, paragraph ten of Transitional Article 1 of the Law expressly provides that the repealed Art. 107 continues to apply to actions filed before its repeal. An earlier action for an uncertain claim therefore cannot be considered invalid merely because the provision was later repealed. The legal characterisation of new actions and the increase of the claim in pending files must be determined by considering the filing date of the action together with the transitional provision.
HMK Art. 109/4: a one-time increase of the claim in a partial action
The fourth paragraph added to HMK Art. 109 by Article 20 of Law No. 7589 regulates that, where part of a claim is sued for, the subject matter of the claim may be increased once only in the same action, until the end of the investigation phase, without being subject to the prohibition on expanding the claim. The Law provides that, for the part increased in this way, limitation is deemed to have been interrupted from the date of the action. The scope, timing and relationship of the increase with court fees and the prayer for relief must be checked separately in the concrete file; unlimited or repeated increases cannot be made on the basis of the same rule.
Limitation, type of action and head of compensation must be examined together
For a tort, TBK Art. 72, and for claims arising from a contract or insurance relationship, the applicable special or general periods must be kept apart. The new HMK Art. 109/4 is not a provision that generally extends all limitation periods. For pecuniary and non-pecuniary compensation, treatment and incapacity to work, loss of support, insurance claims and the different claims to be directed at the other side, the type of action, the prayer for relief and the calculation of time must be constructed together. A criminal investigation, the preservation of evidence or a request for a meeting does not of itself suspend statutory periods.
Document Checklist Matrix for Practice
| Group of evidence | Document to be prepared | What it proves |
|---|---|---|
| Accident and liability | Report, camera footage, service/vehicle records | How the incident occurred and fault |
| Medical process in Türkiye | First examination, discharge summary, imaging, surgery | The initial injury and causation |
| Treatment in the foreign country | Diagnosis, prescription, treatment plan, clinical report | Continuity and necessity of treatment |
| Expense and payment | Invoice, bank receipt, insurance statement | Actual net expense and set-off |
| Work and income | Payslip, tax record, employer's letter, bank income movement | Temporary/permanent loss of earnings |
| Disability | Specialist examination, tests, appropriate panel report | Sequelae, rate and recovery period |
| Foreign element | Residence, work, power of attorney, translation and certification | Law, jurisdiction, representation and country of calculation |
Conclusion
The actual loss of a foreign tourist injured in an accident in Türkiye is not limited to the cost of the first treatment received in Türkiye. Treatment and rehabilitation abroad, actual foreign income, temporary incapacity to work, permanent loss of working capacity and future care needs must be assessed together through an appropriate system of causation and documents. The key points for legal success are to preserve the medical records as a chain, to assess foreign reports correctly, to include the conditions of the country in the income calculation, and to apply correctly the distinction between new and old incidents in the TBK Art. 55 interest and transition rules.
Frequently Asked Questions
If I have an accident in Türkiye and have surgery in Germany, can I claim the cost?
Medically necessary treatment expenses that are attributable to the accident can be asserted with appropriate evidence; liability, causation, insurance and payment conditions are examined separately.
Is a disability report obtained abroad directly valid in Türkiye?
The report can be relied on as evidence. However, the Turkish court may need to have a competent medical examination carried out that is appropriate to the date of the incident.
Should I obtain an apostille for a foreign medical report in every case?
No. The official or private character of the document, the conventions between countries and the method of proof required by the court are assessed separately.
Can my actual salary earned in Germany or Russia be used as the basis?
Yes. If the actual net earnings and the conditions of work and residence are documented, they should be taken into account in the calculation; not every foreign tourist can be limited to the Turkish minimum wage.
Will a payment I received from social security be deducted from the entire compensation?
No. The purpose of the payment, the possibility of recourse, which item of loss it covers and the TBK Art. 55 provision in force are assessed.
Can permanent disability be determined immediately while my treatment is continuing?
Medical stabilisation and sufficient tests may be needed. If an early report does not correctly show the permanent outcome, an additional assessment may be requested for the final report.
Does the foreign tourist's return home end the right to bring an action in Türkiye?
No. Action and insurance processes can be pursued with duly authorised representation and the necessary documents.
Is compensation always received in euros or sterling?
No. The currency of the actual loss, the prayer for relief, the applicable law and the interest regime are examined in the concrete file.
Does the 31 July 2026 amendment apply to an accident in 2025?
No. Because of the express transitional provision of Law No. 7589, the earlier rules apply to earlier incidents.
What happens if I have another accident after treatment?
The part of the loss attributable to the first accident is separated by an expert assessment; a new accident does not automatically remove the whole loss of the first person responsible or the whole of the right.
Does a Turkish court directly accept the disability rate in a foreign hospital report?
No. Under HMK Art. 224, the regime of official documents and certification is different from medical expert assessment; the Turkish disability determination legislation in force at the relevant date and the causation review of the concrete incident must be applied.
Can I ask the court for an interim payment while my treatment is continuing?
It can be requested if the conditions of TBK Art. 76 are met; convincing evidence and economic necessity are assessed together. The court has no automatic obligation to order payment.
Is it possible to assert a compensation claim as a partial action in 2026?
HMK Art. 109/4 regulates a one-time increase of the claim within the same action until the end of the investigation phase in a partial action. The effect of the repealed Art. 107 on earlier actions must be examined under the transitional provision.
Sources and legal bases
- Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu), Arts. 49, 52, 54, 55, 56, 72; Law No. 7589, Official Gazette (Resmî Gazete) 31.07.2026/33326. resmigazete.gov.tr
- Law No. 5718 on Private International and Procedural Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun, MÖHUK), Arts. 26, 34, 40, 45, 48. mevzuat.gov.tr
- Law No. 6100, Code of Civil Procedure (Hukuk Muhakemeleri Kanunu, HMK), evidence, expert examination and Art. 400 et seq.
- Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun) and the application regime according to the specific type of service.
- Law No. 6098, Turkish Code of Obligations, Art. 75 (modification of the compensation award) and Art. 76 (interim payment). mevzuat.gov.tr
- Law No. 6100, Code of Civil Procedure, Art. 224 (foreign official documents), repealed Art. 107 and Art. 109/4. mevzuat.gov.tr
- Law No. 7589, transitional provisions, amendments to the HMK and the TBK. resmigazete.gov.tr
- Law No. 3095 on Statutory Interest and Default Interest (Kanuni Faiz ve Temerrüt Faizine İlişkin Kanun), Art. 1 (statutory interest) and Art. 4/a (interest on a foreign-currency debt). mevzuat.gov.tr
- Court of Cassation 4th Civil Chamber (Yargıtay 4. Hukuk Dairesi), E. 2022/1528, K. 2023/12795, 29 November 2023 (probable earnings in a foreign country and calculation of support; affirmed after reversal). app.dejure.ai
- Court of Cassation 17th Civil Chamber (Yargıtay 17. Hukuk Dairesi), E. 2012/9512, K. 2013/6161, 2 May 2013 (supporter living in Georgia; calculation of earnings). app.dejure.ai
- Court of Cassation 21st Civil Chamber (Yargıtay 21. Hukuk Dairesi), E. 2015/21051, K. 2016/11433, 22 September 2016 (inclusion of medical records from Germany in the social security report; a different type of action). app.dejure.ai
- Court of Cassation 4th Civil Chamber, E. 2021/15661, K. 2022/9454, 27 June 2022 (bodily harm and the basis of the report). app.dejure.ai