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Güneş & Güneş Law Firm

Traffic Accidents, Insurance, Compensation and Criminal Cases

Legal follow-up of insurance applications, compensation claims and criminal files in accidents involving injury, death and property damage.

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What legal routes can be followed after an accident?

A traffic accident may bring insurance, compensation and criminal processes arising from the same event into play. Whom to apply to varies according to the role in the accident, fault, the type of loss and the insurance coverage. A payment made or a decision given in one file does not by itself conclude all the other claims.

Legal work covers review of the accident and health records, identification of the loss items and responsible parties, assessment of application conditions and conduct of representation through the appropriate route. A different roadmap is prepared for an injured person, a relative who has lost their support, a vehicle owner, a driver or a vehicle operator (işleten).

Our scope of legal services in traffic accidents

Accident and fault review

The accident report (kaza tespit tutanağı), scene records, witness statements and expert assessments are examined together. Objections to erroneous or incomplete fault and calculation reports are prepared.

Injury and incapacity for work

Losses connected to treatment, loss of earnings, temporary or permanent loss of working capacity and effects on the economic future are assessed. For health service costs, the SGK scope is separated out.

Death and loss of support

Funeral expenses, losses before death and the claims of those who have lost the support of the deceased are examined. Entitlement is assessed not only by heirship but by the support relationship and the circumstances of the event.

Vehicle damage and diminished value

Repair, total loss, diminished vehicle value and claims for loss of use of the vehicle during a reasonable repair period are addressed. The counterparty of the claim is determined through the vehicle’s history, market value, fault and coverage conditions.

Insurance application and arbitration

Compulsory motor liability insurance, comprehensive (kasko) insurance and related additional coverages are examined. A written application and an objection to incomplete payment are prepared; in suitable files, proceedings before the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) or litigation are conducted.

Non-pecuniary damages

The personal effects of bodily harm and death, the persons who may claim and those responsible are assessed. Compulsory motor liability insurance is distinguished from any additional policy coverage that includes non-pecuniary damages.

Representation of victims and intervening parties

In investigations of negligent injury or homicide, submission of evidence, objection to reports, complaint and joining the case are followed; depending on the conditions, so are reconciliation (uzlaştırma) and legal-remedy applications.

Defense of suspects and defendants

The defense of the driver and other interested persons, review of fault and causation, preparation for statements and hearings, and protective measures are assessed. Representation of parties with conflicting interests is not undertaken jointly.

Uninsured and foreign-plated vehicles

The conditions of the Guarantee Account (Güvence Hesabı), foreign insurance documents, the Green Card system and the competent counterparty are examined. Translation of foreign documents and coordination of the file with persons and institutions abroad are planned.

Insurance, compensation and criminal law: important distinctions

Not every loss in the same accident is covered by the same coverage. The claim, the responsible person and the application condition are addressed together.

Compulsory motor liability insurance
The insurer’s liability is limited to the applicable coverage scope and limit. The existence of a limit does not mean that amount will be paid in every event; loss, fault and liability are examined separately.
Non-pecuniary damages
Under Art. 92/f of the Highway Traffic Law (KTK), it falls outside the scope of compulsory motor liability insurance. It can be directed at those responsible; any express non-pecuniary damages coverage in voluntary insurance is checked separately.
Diminished value and loss of use
Diminished value relates to the reduction in market value after repair. Inability to use the vehicle and loss of earnings or rent are separate loss items; compulsory motor liability insurance is not assumed to cover them automatically.
Health expenses
The coverage by SGK of health service costs under KTK Art. 98 differs from other bodily harm claims. The insurance company is not the sole counterparty for every health and care expense.
Criminal file
The conditions of criminal liability and of compensation are not the same. The effect of an acquittal, the fault assessment and findings of material fact on the civil file is examined according to the content of the decision; for compensation, the end of the criminal case is not awaited in every case.
Guarantee Account
Bodily harm caused by an uninsured or unidentified vehicle may be covered under certain conditions. In these cases there is no general payment security merely for vehicle damage or non-pecuniary harm; special situations such as the bankruptcy of the insurer are examined separately.

Preliminary application to the insurer and arbitration conditions

In compulsory motor liability insurance, a written application to the relevant insurer is required before litigation or arbitration. KTK Art. 97 regulates the route of application where no written response is given within 15 days or the response does not meet the request. In other insurance branches, the 15 business day rule and related procedural conditions are assessed separately. In compulsory insurance, the insurer’s membership of the Commission alone is not decisive for applying to arbitration.

In addition, under SEDDK Circular No. 2026/02, documenting through the SBM system that an appraiser was appointed in time for property damage in comprehensive and traffic insurance and that the report could not be completed for reasons that cannot be attributed to the insurer affects the assessment that a dispute has arisen in arbitration. Eligibility for arbitration is therefore not accepted automatically on a calendar calculation alone. Whether mediation as a condition precedent to litigation is required in court is also examined according to the parties and the type of claim.

Time limits, releases and reconciliation documents

Under KTK Art. 109, the general period in claims for material loss arising from motor vehicle accidents is two years from the date the loss and the person liable for compensation become known, and in any case ten years from the accident. If the criminal code provides a longer statute of limitations for the act, that period may apply to the claim for pecuniary damages. The interruption and start of the period and other types of claims are examined separately; complaint and legal-remedy time limits are not confused with these periods.

A release (ibra), a settlement and criminal reconciliation have different consequences. KTK Art. 111 provides for the annulment, within two years, of agreements on compensation that are manifestly inadequate or excessive. Under Art. 253/19 of the Code of Criminal Procedure (CMK), reconciliation may affect compensation claims; the exception in the law for losses that cannot be identified at the time of reconciliation or that arise later is observed. Before payment or signing, the scope of the document and the remaining claims should be checked together.

Our approach in traffic accident files

  1. Initial review and urgent time limits

    The date of the accident, the status of the parties, the state of health, the documents on hand and official notifications are assessed. Evidence that may be lost, such as camera footage, and time-limited applications are prioritized.

  2. Separating claims and counterparties

    For each loss item, the driver, vehicle operator (işleten), insurer or other responsible parties are identified. The legal scope of the file is built by examining the policy, fault, support relationship and existing payments together.

  3. Application, calculation and representation

    The written insurance application and the necessary mediation, arbitration and litigation steps are prepared. Expert reports on technical and medical matters are assessed; a link with the criminal file is established.

  4. Information and follow-up after the decision

    Offers, reports and decisions are reviewed with the client. The scope of any settlement, the legal remedies and the collection stage are planned separately; no guarantee is given about the duration or outcome of the file.

Based in Antalya, files with links to Türkiye and abroad

Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 and based in Antalya since 2007, assesses legal claims relating to accidents occurring in Antalya and elsewhere in Türkiye according to the rules of subject-matter and territorial jurisdiction. In events involving tourism, car rental and foreign-plated vehicles, the policy, translation and flow of foreign documents are handled together. File coordination is provided with communication in Turkish, English, German and Russian. Where a step under foreign law is required, the need to work with competent professionals in the relevant country is determined separately.

Which documents are needed for the first assessment?

Not all documents need to be ready at the first meeting. The priority is understanding the event and any time limits that are running.

Basic information and documents

  • Date and place of the accident, the role of the parties in the accident; the accident report (kaza tespit tutanağı), if any.
  • Policy and claim file information; the insurance application, proof of delivery and response letters.
  • If any, the investigation or case number, official notifications and previously signed payment, release or reconciliation documents.

Items that may be requested depending on the file

  • In injury cases, health and forensic reports, sick-leave certificates, and records of loss of income and expenses.
  • In death cases, documents showing the support relationship and income status, and funeral expenses.
  • In vehicle damage cases, appraisal, service and repair records, photographs, prior damage information and records on the period of non-use.
  • In files with a foreign link, the foreign policy, Green Card, translation or representation documents; only those necessary for the file.

You can save the list through your browser’s print option. Send the documents after the need and a secure sharing method have been determined; do not share your e-Devlet password or electronic signature key.

Scope of the service and working conditions

Scope of service and fees

At the first meeting the current stage of the file, urgent time limits, the legal support requested and document needs are determined. Acceptance of the file takes place after the conflict-of-interest check and agreement on the scope of the work. The attorney’s fee and court fees, expert, translation and other expenses are assessed separately; the minimum fee tariff and legislation in force are observed.

Information and document sharing

For acts requiring authority to represent, an appropriate power of attorney and the necessary powers are determined. Developments are communicated through the agreed communication channel. At first contact, only enough information to explain the matter should be shared; identity, health and commercial documents should be sent through a secure channel once the need is determined. A consultation request alone does not create a representation relationship or suspend statutory time limits.

Frequently asked questions

Is the fault percentage in the accident report final?

No. The report is important evidence; however, a different assessment may be made as a result of objection, technical examination and other evidence. Photographs, road conditions, camera footage and the reasoning of the report are considered together.

Can a pedestrian, passenger or motorcycle rider also claim compensation?

Status in the accident does not by itself remove the claim. The nature of the loss, liability, fault and coverage conditions are assessed. The effect of a passenger’s or pedestrian’s own conduct on the loss may also be examined.

If the vehicle has been repaired, can diminished value also be claimed?

The repair cost and diminished value are different items. However, not every repair causes the same amount of diminished value. Vehicle features, damage history and the market value before and after the accident are examined together.

Is being a relative’s heir enough for a claim for loss of support?

This claim is different from an inheritance share. The loss of the support the deceased provided, or, depending on the circumstances, would have provided, is assessed. A certificate of inheritance may be needed for the file; it alone does not determine the existence and amount of the loss of support.

The insurer made a payment; is the file considered closed?

The loss item the payment relates to, the calculation method and the documents signed should be examined. There may be an incomplete payment or another loss item. On the other hand, a valid settlement, release or reconciliation may affect the remaining claims.

Can I apply to the Insurance Arbitration Commission without an attorney?

The application can be made in person. Whether working with an attorney is mandatory and the need for legal support are separate matters. In a file with complex fault, medical calculation, several responsible parties or a time-limit dispute, the scope of representation is assessed separately.

If it is claimed that I caused the accident, can I get support from the firm?

A file review can be carried out regarding the defense of a suspect or defendant, civil liability and the insurer’s recourse claims. First, the parties and any possible conflict of interest are checked.

Are the compensation amount and the duration of the file fixed from the start?

No. Proof of the loss, income and health data, fault, the applicable calculation and interest rules and the stage of the proceedings are decisive. In bodily harm calculations, the current provisions of Art. 55 of the Turkish Code of Obligations (TBK) are also taken into account. The initial review provides a concrete work plan; it does not constitute a commitment to a specific amount or end date.

Related legal services

Official sources and scope note

Source check: October 4, 2026. Program, application and implementation conditions should be reviewed again on the date of the relevant procedure.

This page is for general information. The application route, time limit and scope of the claim are determined on the basis of the documents of the specific case and the legislation to be applied.

Let us assess your traffic accident file together

Stating the date of the accident, the current stage of the file and, if any, an approaching time limit following an official notification in your consultation request helps the first assessment.

Subject of the application: Traffic Accidents, Insurance, Compensation and Criminal Cases

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