Compensation after a traffic accident makes it possible to claim, from the persons legally liable and, within its scope, from the insurer, the losses arising from injury, death or vehicle damage. Medical expenses, loss of earnings due to inability to work, permanent bodily harm, loss of support, diminution in value of the vehicle and non-pecuniary damages are subject to different conditions. The first task is therefore to identify the losses and the responsible persons, and to choose the correct route of claim for each claim.
The payment of an insurer in an accident does not necessarily mean that all losses have been made good. The policy limit, claims outside the coverage, the dispute over fault and the method of calculation are each examined separately. An application to the insurer, a criminal investigation, mediation, insurance arbitration and a compensation action are different proceedings; carrying on one does not automatically protect the time limits of another.
This guide sets out, as of October 11, 2026, the general framework for traffic accidents occurring in Türkiye. In a concrete file, the date of the accident, the date of the insurance contract and the date of the action must be considered together. In particular, because of the amendments that entered into force in July 2026, it must not be assumed that the same rules apply to older accidents and to new actions.
What compensation may be claimed after a traffic accident?
Pecuniary damages are aimed at making good the economic loss that has arisen, or is expected to arise in the future, in a person's property. Non-pecuniary damages, by contrast, are a separate claim for the mental suffering caused by injury to bodily integrity or by death. The same event may give rise to both types of compensation; but the existence of one does not show that all the conditions of the other have been met. Articles 53, 54 and 56 of the Turkish Code of Obligations form the basis of this distinction. [1]
| Result of the accident | Principal claims | Matters to be explained in the file |
|---|---|---|
| Injury | Treatment and care expenses, temporary and permanent incapacity for work, impairment of economic future, non-pecuniary damages | Causal link between the injury and the accident, recovery period, lasting effect and income |
| Death | Loss of support, funeral expenses, losses before death, non-pecuniary damages for relatives | Relationship of support, persons entitled and expenses |
| Vehicle damage | Cost of repair or full damage value, diminution in value where the conditions are met | Condition before the accident, scope of the damage and market data |
| Vehicle unavailable | Loss of use for a reasonable period, or loss of commercial earnings | Need for use, reasonable repair period and actual economic loss |
Not every item in the table can be claimed from the same person or under the same insurance cover. For example, non-pecuniary damages are excluded from compulsory motor third-party liability insurance. Whether deprivation of use of the vehicle and loss of commercial earnings fall within the scope of compulsory insurance is also assessed separately. In the claim petition, the losses should be separated by item, basis and amount, rather than being gathered under the single heading "pecuniary damages". [2, 3]
From whom may compensation be claimed?
The liability of the driver, the keeper and the owner of the enterprise
The liability of a driver who caused the accident through his or her fault may rest on the provisions on tort. As regards the keeper of the vehicle, the strict liability for dangerous activity under Article 85 of the Road Traffic Law (KTK) is significant. The fact that the keeper was not personally at the wheel, or had no personal fault, is not by itself sufficient to escape liability. The conditions for exoneration under the law must also be met. [1, 2]
Although the vehicle owner is treated as the keeper in most files, the registration record alone does not resolve all disputes. Long-term rental, actual control over the vehicle and on whose account the vehicle was operated may be investigated. Where a vehicle is operated under the title or trading name of an enterprise, the liability of the owner of the enterprise may also arise. For this reason, knowing only the identity of the driver is not always sufficient to identify the correct defendants.
Where several persons are liable for the same loss, joint and several liability may apply. The injured person may claim the whole of his or her loss from the liable persons within the limits of the law; the allocation of liability among the liable persons themselves is a separate matter. However, the same loss may not be recovered twice, and the insurer's liability does not exceed the scope of cover and the limit. [2]
The liability of the insurer and the policy limit
Compulsory motor third-party liability insurance covers the legal liability arising from injury caused to third persons by the insured vehicle. A negligent driver may not claim from this policy for damage to his or her own vehicle or for his or her own bodily injury merely because a traffic policy exists. Comprehensive insurance (kasko), voluntary motor liability insurance and personal accident insurance must be examined separately. [2, 3]
The exhaustion of the insurance limit does not by itself extinguish the remaining debt of the person who caused the loss. For example, if the calculated loss exceeds the relevant cover, the liability of the driver and the keeper for the balance may be assessed. As regards the limit, the amount in force on the date of the accident and the relevant type of cover are decisive; applying the limit of the current year to an earlier accident may lead to a wrong result.
It must not be described as a general rule that a driver who was under the influence of alcohol or unlicensed thereby automatically loses all insurance rights of a third party. The insurer's debt to the injured person and the right of recourse that it may pursue against its insured after payment are different. As regards recourse, the law, the terms of the policy, the course of the event and the necessary causal link are examined. [2, 3]
Uninsured, unidentified and foreign-registered vehicles
In accidents caused by an uninsured or unidentified vehicle, the possibility of applying to the Guarantee Fund (Güvence Hesabı) is considered, particularly for bodily injury. The fact that the vehicle is uninsured does not mean that damage to the vehicle or diminution in its value can in every case be recovered from the Guarantee Fund. Special grounds of application, such as the insolvency of the insurer, may have a different scope. [7]
For vehicles with foreign registration plates, the Green Card, the validity of the cover in respect of Türkiye and the role of the Turkish Motor Vehicles Bureau (Türkiye Motorlu Taşıt Bürosu) are separately examined. The rights of a foreigner involved in an accident in Türkiye are not determined by nationality alone; the place of the event, the applicable law, the insurance and the proof of loss are important. These special routes of application are dealt with in separate articles in the series.
Pecuniary damages in an accident involving injury
Treatment expenses and the need for a carer
Treatment expenses may cover examination, surgery, medication, rehabilitation, prosthetics and other health expenditure necessary in connection with the accident. However, the obligation of the Social Security Institution (Sosyal Güvenlik Kurumu) under Article 98 of the Road Traffic Law must be separated from the debt of the insurer or other liable persons. Whether the same expense has already been paid, the scope of the service and the medical necessity of the expenditure are decisive. [1–3]
For the expense of a carer, the reason why care was needed, how long it lasted and whether it is permanent must be explained. The fact that a relative helped without charge is not sufficient reason to disregard the need for care and its economic value. On the other hand, merely stating that "my family took an interest" does not prove every amount either. Health records, medical board reports, the effects on daily life and the scope of the care should be reflected in the file.
The general conditions amendments that entered into force on July 1, 2026 provide for expenses of temporary and permanent carers under the health-expense cover, and for temporary incapacity for work and permanent disability under the disability cover. Which text applies is determined together with the transitional rule of the general conditions for contracts and the higher legal norms. For an older policy, the new classification of cover must not be accepted automatically. [3]
Temporary and permanent incapacity for work
Temporary incapacity for work relates to the loss caused by a person's inability to work during the recovery period. Permanent incapacity for work, by contrast, raises the economic consequence of a lasting bodily effect on working capacity and on capacity for daily life. The length of hospital stay, the recovery period and the rate of permanent impairment are different data; one cannot be used in place of another. [1]
The fact that a person has returned to work or that the wage has remained the same does not by itself show that the permanent bodily harm has had no economic consequence. The fact that the work is performed with greater effort, and the loss of working capacity, may also come into the assessment. On the other hand, the effect of another illness, pre-existing conditions before the accident and losses that have no causal link with the accident cannot be arbitrarily added to the compensation calculation.
The health report must be obtained from a competent institution, must comply with the regulation applicable to the event, and must explain the causal link with the accident. A document showing only the rate of disability is not regarded as an adequate report in every traffic accident file. Where the insurer objects to the report, the reasons for the objection and the medical or legal deficiency relied on must be made concrete.
Impairment of economic future
A permanent scar, difficulty in practising the profession, or the need to turn to another field of work may affect the economic future. This loss must not become a second claim for the same loss already taken into account in the calculation of permanent incapacity for work. The person's profession, career position and concrete changes after the accident should be explained; hypothetical increases in income should not be presented as certain earnings. [1]
The rights of relatives in a fatal traffic accident
Compensation for loss of support
Compensation for loss of support is based on the claimant's own loss, being the loss of support which he or she could have expected to continue after the death. It is not a payment of a share of the inheritance. For this reason, being an heir is not by itself sufficient, and a person who is not an heir may also claim by proving the relationship of support. For spouses, children and parents, the characteristics of the relationship and the presumptions that apply are assessed. [1]
Support need not consist solely of regular money transfers. Domestic services and care contributions may also have economic value. However, compensation is not automatically calculated in the same amount for each relative. The deceased's income, the period of support, the situation of the persons entitled and the sharing of the support are each examined separately.
The deceased's fault in the accident is particularly important in a claim directed at the insurer. A general conclusion that "if the relatives are not at fault, the insurer always pays even if the deceased was wholly at fault" is not correct. The statutory exceptions, the date of the accident and the relevant case law must be examined together. The relationship of support and the scope of insurance cover are separate legal questions. [2, 3]
Funeral expenses and losses arising before death
Reasonable funeral expenses may also be claimed separately. If death did not occur immediately, treatment before death and loss of working capacity are also assessed. The claims of the person who incurred the expense, of the claims passing into the estate and of the personal claims of those who lost support must be separated. The death certificate, population records, expense receipts and records showing the relationship of support make this distinction concrete. [1]
Non-pecuniary damages in a traffic accident
Who may claim non-pecuniary damages?
A person whose bodily integrity has been harmed may claim non-pecuniary damages according to the circumstances of the event. For claims by relatives in their own names, however, the seriousness of the bodily injury or death is significant under Article 56 of the Turkish Code of Obligations. It is not correct to apply the same seriousness requirement to the injured person's own right and to the right of relatives. Nor does every degree of kinship produce the same result on its own. [1]
The fact that damage occurred to the vehicle and that the owner felt distress on that account is not by itself sufficient for non-pecuniary damages in every event. Where there is an infringement of personality rights or other relevant legal conditions, these must be set out concretely. The size of the pecuniary loss does not automatically give rise to non-pecuniary damages.
How is the amount determined, and who pays?
There is no fixed tariff for non-pecuniary damages applicable to everyone. The seriousness of the injury, the course of treatment, lasting effects, the nature of the relationship in the event of death, the manner in which the event occurred and the fault are assessed. The amount claimed must be justified; asking for the same amount awarded in another file is not in itself a sufficient explanation.
In compulsory motor third-party liability insurance, non-pecuniary damages are excluded from cover. The claim may be directed at the driver and keeper who are liable. Where a voluntary motor liability policy contains a non-pecuniary damages cover, the special terms and limit of the policy are examined. For this reason, the statement "insurance does not pay non-pecuniary damages" must not be used as an absolute rule covering all insurance products. [2, 3]
Vehicle damage, diminution in value and deprivation of use of the vehicle
Repair cost and total loss
In relation to the cost of repair, the damage caused by the accident, the necessary parts and labour, the repair method and the market conditions are investigated. Earlier damage must be separated from the damage caused by this accident. The sum in a loss adjuster's report is not an undisputed judicial determination; it is assessed together with photographs, service records and technical examination. [3]
Where the vehicle is a total loss, the market value on the date of the accident and the residual value of the damaged vehicle become important. Whether the damaged vehicle remains with the claimant affects the calculation. A calculation aimed at obtaining both the full market price and the residual value of the same vehicle without justified reason cannot be established. For vehicles withdrawn from traffic or scrapped as a result of damage, the conditions for a claim for diminution in value are also different. [3, 9]
Diminution in value of the vehicle
Even when a vehicle has been repaired, a difference may arise between its second-hand value before the accident and its value after repair. In determining that difference, the make, model, age, condition of use, earlier damage and the parts damaged in the accident are important. The same amount of diminution in value is not determined for every painted part; and earlier damage does not in every file automatically eliminate the entire claim.
The general conditions amendment of 2026 provides that a claim for damage to the vehicle within its scope includes a claim for diminution in value. However, expressly stating the diminution in value in the application, submitting the supporting documents and requesting the insurer's calculation sharpen the scope of the dispute. It must not be assumed that this new application rule applies to earlier contracts. [3]
The judgment of the 8th Chamber of the Council of State (Danıştay 8. Daire) dated May 14, 2025, E. 2022/826, K. 2025/4514, annulled a calculation annex on diminution in value, together with certain general conditions provisions introduced by the 2021 amendment. It is therefore not correct to use an older general conditions formula as the current and sole mandatory method of calculation. The decision does not mean that all the general conditions of traffic insurance have been annulled. [10]
Deprivation of use and loss of commercial earnings
The inability to use the vehicle during a reasonable repair period may cause a separate loss. The loss of use of a private vehicle and the loss of earnings of a taxi, service or commercial vehicle are not the same calculation. The reasonable period, the purpose for which the vehicle is used, the costs of an equivalent substitute and the circumstances of the event are investigated. For commercial vehicles, expenses not incurred and the actual loss of earnings are assessed, rather than treating gross turnover as the loss directly.
The position of these claims in relation to the exclusion for indirect losses in compulsory traffic insurance must be examined separately. The possibility of a claim against the driver and the keeper must not be confused with the insurer's liability under the cover. A substitute vehicle service under comprehensive insurance does not in every case amount to a payment that compensates for the whole of the deprivation loss. [2, 3]
How is traffic accident compensation calculated?
The effect of income, age, fault and the health report
The basis of the calculation is the data in the file that have been proved. For bodily harm and the calculation of support, the person's age, income, working status, health report, duration of support and fault are taken into account. The life table used, the division into periods and the calculation method must also be explained in the report. An internet result obtained by entering only age and rate of disability is not a definitive claim.
Income must be shown by payslips, bank records, tax records and professional documents. Where it is alleged that the records do not reflect the true income, the allegation must be supported by concrete evidence. Both extreme approaches, namely that a person who does not work has no pecuniary claim at all, or that all the earnings declared by a person with undocumented income will be accepted, are incorrect.
The effect of the injured person's conduct on the occurrence of the accident or on the increase of the loss may give rise to a question of reduction. However, where it is alleged that a seat belt or helmet was not used, no automatic and arbitrary rate should be applied without examining the effect of that conduct on the relevant loss. In accidents involving several vehicles, the allocation of fault and joint and several liability towards the injured person are assessed separately. [1, 2]
The principle of actual loss and earlier payments
The Constitutional Court, in its decision of December 29, 2022, E. 2021/82, K. 2022/167, annulled certain calculation provisions added to Article 90 of the KTK. The Court drew attention to the risk that different calculations for the insurer and for other liable persons may result in the victim's actual loss not being made good. The decision does not mean that the limits have been removed, or that the same calculation method will be used in every application. [9]
Earlier insurance payments, comprehensive insurance payments and social security payments are not deducted by the same method whatever their names. The loss to which the payment relates, the purpose of the performance, the possibility of recourse and the applicable rule of set-off are examined. The prohibitions on reduction in Article 55 of the Turkish Code of Obligations and the 2026 amendment described below must be considered together. [1, 4]
To which accidents and actions do the 2026 amendments apply?
The date of the event for interest and for set-off of earlier payments
Law No. 7589 added two paragraphs to Article 55 of the Turkish Code of Obligations on July 31, 2026. For compensation for loss of earning capacity and loss of support, the event date is provided as the starting point of interest for the amount calculated for the period in which income is known, and the decision date for the amount relating to the period in which income cannot be known. [4]
The same amendment provides for proportional set-off, against the amount of compensation determined by reference to the date of payment, of a payment made for the purpose of performance until investigation begins for these compensations. The deduction of an earlier payment at its nominal amount alone may therefore not be correct in every file. Under the transitional article, the new provisions apply to unlawful acts or harmful events occurring after their entry into force; earlier events remain subject to the former rules. The nature of the default of the insurer and of the type of claim must also be taken into account. [4]
Action for an uncertain claim and the date of the action in a partial action
Law No. 7589 repealed Article 107 of the Code of Civil Procedure. The transitional provision provides that actions brought before its repeal continue to apply that article. For this reason, it is no longer current to recommend, for every traffic accident action opened today, a "action for an uncertain claim" on the basis of the former Article 107 of the Code of Civil Procedure (HMK). [4]
The provision added to Article 109 of the Code of Civil Procedure permits the claim in a partial action to be increased once in the same action, until the end of the inquiry, without being subject to the prohibition on expanding the claim; for the increased part, limitation is deemed interrupted on the date of the action. The divisibility of the concrete claim, fees, proof and procedural time limits must still be assessed. It is possible to apply the new type of action together with the substantive law of an old event: the fact that the accident is old does not, by itself, preserve the former procedure. [4]
By what evidence are fault and loss proved?
Objection to the accident report and to the assessment of fault
The accident report is an important starting document; it is not a court judgment that conclusively determines all the legal consequences of the event. Photographs, camera recordings, witness statements, the direction of the damage to the vehicles and the characteristics of the road are assessed together. Early preservation of records that can be obtained without endangering the safety of the scene reduces problems of proof that cannot later be remedied.
In certain fault-assessment procedures announced by the Insurance Information and Monitoring Center (SBM), a route of re-examination exists within five business days from notification, on the basis of new information and documents. That period does not mean that all compensation rights end after five days. The authority to which an objection is made should be checked against the agreement between companies, whether the insurers are the same, and the stage of the assessment. [6]
Health, income and damage documents
The initial file should contain the accident documents, policy information, photographs and, if any, the investigation number. For injury, the first admission record, the clinical summary, surgery and rest certificates are important; in death, the death and population records; in vehicle damage, the loss adjuster's report, service records and market data. Where documents are missing, it should be identified where they can be obtained.
An objection to an expert report must not be limited to saying "the amount is low". The wrong income, incomplete period of support, an incorrect health report, a wrong evaluation of earlier damage or an unsuitable method of calculation should each be shown separately. Objections and requests for supplementary reports must be submitted within the relevant procedural time limit.
How is an application made to the insurance company?
The content of the application and the separation of time limits
For a claim to be directed to the insurer under Article 97 of the KTK, a written application must first be made. The accident, the heads of loss, the request for payment and the documents available should be explained; the date on which the application reached the insurer must be provable. Where a lack of documents is alleged, it should be stated which loss item the requested document is needed to examine. [2]
If the insurer does not respond in writing to the application within fifteen days, or its response does not satisfy the claim, an action or an appropriate route of arbitration comes into question. For traffic insurance, this period is fifteen calendar days; it must not be confused with the fifteen business days specified for other disputes in insurance arbitration. The eight-business-day payment period after the required documents are submitted under Article 99 of the KTK is also a different regulation. [2, 5]
Incomplete payment and release
The insurer's proposed payment should be requested together with the calculation from which it was produced. If the fault accepted, the income, the health rate, the policy limit and the deductions made are not visible, the offer cannot be properly assessed. A partial payment does not mean that the balance claim ends in every case; the content of the document signed is important.
Article 111 of the KTK separately regulates agreements that remove or narrow legal liability, and agreements containing clear inadequacy or excessiveness in the amount of compensation. For agreements in the second group, a two-year right of annulment is provided. Generalisations such as "every release is invalid" or "if you have signed, no right remains" should be avoided. [2]
Insurance arbitration or a compensation action?
The scope of insurance arbitration
The Insurance Arbitration Commission is considered for disputes arising from the insurance contract that meet the conditions for application. It should be documented that a preliminary application was made and what its outcome was. The application, fees and conditions for appeal must be checked against the current rules; since monetary limits may change, one must not rely on an amount in an old article. [5]
Not all claims against the driver or keeper that fall outside the insurer's cover can be resolved in the same arbitration file. Using the court route and the arbitration route simultaneously for the same dispute is also not an appropriate method. The choice should be made by weighing the parties, the heads of loss, the necessary examinations, costs and the available routes of appeal together.
Competent court, venue and mediation
For claims directed only at the driver and keeper in tort, the civil court of first instance is generally the competent court; for commercial disputes against the insurer based on the insurance relationship, the commercial court of first instance is considered. However, where there is a consumer transaction, carriage, a workplace accident or a special legal relationship, jurisdiction must be determined separately. It is not sufficient to name a single court for every traffic accident. [2, 8]
As regards venue, in addition to the defendant's place of residence, the place where the tort occurred, the injured person's place of residence and the special options in the Road Traffic Law are examined. Subject-matter and territorial jurisdiction are different: before choosing the province or district, it must be determined which type of court has subject-matter jurisdiction.
In commercial actions whose subject is a money claim or compensation, a condition-precedent mediation may come into question. This requirement does not apply in the same way to all traffic accident claims. A written application to the insurer does not replace mediation; nor is the mediation condition specific to court actions automatically required for an application to insurance arbitration. [5, 8]
The effect of the criminal file
A criminal action and a compensation action have different purposes. Under Article 74 of the Turkish Code of Obligations, the civil judge is not bound on every issue by the fault assessment of criminal law or by an acquittal. However, the evidence in the criminal file and the findings of fact that have become final may be important in the civil file. An acquittal does not show that a right to compensation necessarily does not exist; a conviction does not show that every amount claimed will be accepted. [1]
Withdrawal of a complaint, conciliation, compromise and release are not the same act. The legal effect of these acts on the claim should be examined by reference to the content of the document and the provision applicable. While awaiting completion of the criminal file, the compensation application must not be allowed to lapse by limitation.
Limitation in traffic accident compensation
Under Article 109 of the KTK, the rule for pecuniary damage claims arising from motor vehicle accidents is two years from the date the injured person learned of the damage and of the person liable to compensate, and in every case ten years from the date of the accident. Where the act constitutes a crime and the criminal law provides a longer limitation period, that period also becomes relevant to compensation. For non-pecuniary damages, Article 72 of the Turkish Code of Obligations and the nature of the event are separately assessed. [1, 2]
For this reason, the conclusion that "two years have passed since the accident, so all rights have ended" is not correct in every file. Equally, it cannot be assumed that every file involving injury has the same extended period. The nature of the offence, the time of knowledge, the development of the loss and the claim to be directed at the relevant persons must be examined separately.
Corresponding with an insurer or conducting a criminal investigation is not an act that preserves the limitation period for compensation of itself and in every case. Causes such as the suspension of the period in mediation, its interruption by an action or arbitration, and acknowledgment of the debt are subject to their own conditions. The safe method is to create a time schedule specific to the file, so that the necessary step is not left until the last day.
Interest, interim payment and collection
The principal amount of the compensation and the starting date of interest are determined separately. The position of the driver and keeper, the default of the insurer and the special provisions added to Article 55 of the Turkish Code of Obligations in 2026 must be considered together. Law No. 7589 has also changed the method of determining statutory interest. It is therefore not appropriate to apply a fixed rate of interest that was valid years ago to all periods. [1, 2, 4]
Where there is an urgent economic need arising from bodily injury, the conditions for interim payment under Article 76 of the Turkish Code of Obligations may be considered. Convincing evidence showing the justification of the claim and the economic need must be set out. An interim payment is not an advance granted automatically upon application. Interim legal protection of assets is also subject to separate statutory conditions. [1]
The making of a decision and the actual collection are not the same stage. The scope of the insurer's payment, the position of the other debtors, litigation costs, attorney's fees and, where necessary, enforcement proceedings should be monitored together. No firm promise may be given, independently of the file, as to the period of the action or the amount that will be obtained.
Conclusion
The route to follow after a traffic accident begins with the correct identification of the loss. The documents required for injury, death and vehicle damage; the limits of liability of the driver, the keeper and the insurer; and the application and litigation periods should be considered together. A decision on a payment offer taken without examining the basis of the fault and calculation reports may leave some losses outside the file.
In a sound compensation file, the legal basis, proof, addressee and time schedule of each claim must be visible. Because of the 2026 amendments, the separation of the dates of the accident, the policy and the action must be added to this review. The aim is to reduce the risk of loss of rights by directing the real loss arising from the accident to the right persons and through the appropriate route of claim.
Frequently Asked Questions
Can both pecuniary and non-pecuniary damages be claimed after a traffic accident?
Yes. If the conditions of both claims are met, they may be asserted together or separately by the appropriate procedure. However, the scope of the insurer's cover differs: compulsory motor third-party liability insurance does not cover non-pecuniary damages.
Can a person who is partly at fault in an accident receive compensation?
Partial fault does not extinguish every claim. A reduction may be made in accordance with the effect of the fault on the loss and the rules of liability. In accidents involving several vehicles, the allocation of fault among the liable persons is assessed separately.
Can a person who does not work claim compensation for bodily injury?
Not working alone does not remove all pecuniary rights. Treatment, the need for care, working capacity and the lasting effects on daily life are examined on their own conditions; the income calculation is made according to the concrete situation.
Can an action be brought directly without applying to the insurer?
For a claim directed at the insurer under Article 97 of the KTK, a prior written application is required. Claims against the driver or keeper, and the conditions for mediation, are assessed separately.
If the insurer has made a payment, can additional compensation be claimed?
A claim for the balance may arise after examining which loss the payment relates to, whether it is adequate, and the effect of the document signed. An earlier payment is taken into account under the appropriate set-off rule.
Must the criminal action be concluded before compensation can be claimed?
In every case it is not a requirement. When the effect of the findings in the criminal file is assessed, compensation applications and limitation must be followed separately.
How long does a traffic accident compensation action take?
No single period can be given. The stabilisation of the health condition, expert examinations, the parties' objections, the court's workload and the stages of appeal affect the duration.
Do the 2026 amendments apply to older accidents?
Not all amendments are subject to the same transitional rule. For the new interest and set-off provisions of Article 55 of the Turkish Code of Obligations, the date of the event is relevant; for the repeal of Article 107 of the Code of Civil Procedure, the date of the action; for amendments to the general conditions, the relevant contract and entry-into-force provisions are examined.
Sources and legal bases
[1] Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu), in particular Arts. 49–56, 72, 74 and 76. Legislation Information System. For the basic provisions, the text of the law at TSB; for Article 55 as amended in 2026, additionally [4].
[2] Law No. 2918 on Road Traffic (Karayolları Trafik Kanunu), in particular Arts. 85–99 and 109–111. Legislation Information System. The text of the law at TSB; for Article 90, additionally [9].
[3] General Conditions of Compulsory Motor Third-Party Liability Insurance (Karayolları Motorlu Araçlar Zorunlu Mali Sorumluluk Sigortası Genel Şartları); TSB text containing the amendments of June 12, 2026, Official Gazette No. 33278. In particular A.5, A.6, B.2, B.4 and C.11.
[4] Law No. 7589; adopted July 16, 2026, Official Gazette July 31, 2026/33326. In particular Arts. 10, 18–20, Provisional Art. 1/9–10 and Art. 26. TBMM law record and adopted text.
[5] Insurance Arbitration Commission (Sigorta Tahkim Komisyonu). How to apply?, documents to be submitted with the application, frequently asked questions.
[6] Insurance Information and Monitoring Center (Sigorta Bilgi ve Gözetim Merkezi). Accident report and explanations on fault assessment.
[7] Article 14 of Law No. 5684 on Insurance and Private Pension Business (Sigortacılık Kanunu) and the Guarantee Fund. Links to the law, questions on the scope of application.
[8] Law No. 6100, Code of Civil Procedure (HMK); Law No. 6102, Turkish Commercial Code (TTK), Arts. 4, 5 and 5/A; Law No. 6325. Ministry of Justice, Introduction to Expert Mediation book. For the 2026 amendment to Articles 107 and 109 of the Code of Civil Procedure, see [4].
[9] Constitutional Court, December 29, 2022, E. 2021/82, K. 2022/167. In particular §§37–60, 63–68 and the operative part. Constitutional Court decision record; alternative access to the full text (may require an account).
[10] Council of State, 8th Chamber, May 14, 2025, E. 2022/826, K. 2025/4514. Text of the decision (may require an account); open-access alternative. The decision is reproduced only as far as the provisions specified in its operative part.