Compensation Law: Questions and Answers

Once the conditions of liability required by law are met, pecuniary damages can be claimed and, if the conditions are met, non-pecuniary damages as well.

For pecuniary damages, the nature and amount of the loss are examined; for non-pecuniary damages, a violation of personality rights or the relevant special statutory ground is examined. Liability may arise from breach of contract, from a tort, or from a special case of liability regulated by statute. Elements such as fault, loss, unlawfulness and an adequate causal link are assessed according to the type of liability that applies. The relief sought and the starting date of interest must be framed correctly.

The extent of the loss and the adequate cause-and-effect relationship between the loss and the act are proved through concrete documents.

Invoices, bank and income records, medical documents, appraisal reports, incident reports, camera footage, contracts and witness statements are assessed according to each item of loss. It cannot be assumed that every loss resulted from the incident; a pre-existing condition, the influence of a third party and the conduct of the injured person may be taken into account. An expert examination may be needed for the calculation. Whether an action for an indeterminate claim or a partial action can be brought is examined according to the conditions of determinability as at the date the lawsuit is filed.

The basis and the regime of proof differ between a tort and a breach of contract; in some cases the same incident may give rise to more than one ground of liability.

In contractual liability, a valid obligation relationship, the breach of the obligation and the consequences of the loss are examined. In a tort, the unlawful act, fault or the relevant no-fault liability provision, the loss and causation are assessed. Standing to be a party, the acts of auxiliary persons, limitation periods and the burden of proof may differ on each route. The same loss cannot be recovered twice; the choice of legal ground must be consistent with the relief sought.

Fault is assessed not only on the basis of the report, but through technical evidence and, where necessary, an expert examination.

The traffic accident report, camera footage, vehicle damage, brake marks and findings at the scene should be examined together. The scope of the review in insurance arbitration and that of court proceedings may differ.

No; the seriousness of the incident, the interference with personality rights and equity are the basis.

The effects of the injury or assault, the circumstances of the parties and the conditions of the specific case are assessed. Non-pecuniary damages are not used as a means of punishment or enrichment; it is important to give reasons for the amount claimed.

If the conditions are met, the options of an action for an indeterminate claim or a partial action can be considered.

The condition of objective impossibility of determination under Article 107 of the Code of Civil Procedure (HMK) should not be confused with mere difficulty in making the calculation. The type of claim, court fees, limitation periods and the consequences of amendment (ıslah) or of increasing the claim should be examined in advance.

For compensation claims directed at the traffic insurer, the preliminary application and document requirements in the legislation must be checked.

The policy, the accident report, vehicle damage, medical reports and payment details determine the scope of the application. The conditions of the application to the insurer, of insurance arbitration and of the court route must be kept distinct.

The market value before and after the accident, the nature of the damage and the repair details are assessed through a technical examination.

The appraisal report, parts replacement records, earlier damage and the vehicle’s mileage are important. Instead of a fixed formula found on the internet, a technical assessment suited to the legal framework of the dispute should be made.

If the conditions are met, loss of earnings and other losses related to treatment can be claimed.

Physician reports, employment records, income documents and social security payments are compared. Preventing more than one payment for the same loss and the scope of the persons liable are examined separately.

No; the loss, the time the liable person becomes known and the special provisions applicable to the incident may change the period.

Article 109 of the Highway Traffic Law (KTK) and, where necessary, provisions linked to the criminal limitation period should be assessed. The effect of an application to the insurer on limitation and the time elapsed up to the filing date are determined according to the specific file.