Traffic Accident Compensation Guide: Pecuniary and Non-Pecuniary Damages, Insurance and the Litigation Process (2026)

A traffic accident file is not merely a matter of determining which driver caused the accident through fault. The same event may bring into play together the tort liability of the driver, the strict liability of the operator (işleten), the liability of the vehicle owner and of the owner of the enterprise, the cover of compulsory traffic insurance, comprehensive (kasko) and voluntary third-party liability policies, vehicle damage and diminished value, bodily injuries, compensation for loss of support, non-pecuniary damages, the criminal investigation, an application to the Insurance Arbitration Commission, and the statute of limitations.

For this reason the right question is not only “Who was at fault in the accident?” The file must also answer all of the following questions: Who is legally the operator? Which heads of loss have arisen? Which policy covers which loss? What is the cover limit on the date of the accident? Was the disability report prepared under the correct regulation? Does the payment made by the insurance company cover the actual loss? Have the time limits for application, arbitration and litigation expired?

This guide has been prepared by assessing together the Highway Traffic Law No. 2918 (Karayolları Trafik Kanunu), the Turkish Code of Obligations No. 6098, the Insurance Law No. 5684, the Turkish Commercial Code No. 6102, the general conditions of compulsory traffic insurance, the 2026 regulations of the Insurance and Private Pension Regulation and Supervision Agency (SEDDK), and the current approach of the Court of Cassation and the Constitutional Court.

Current Changes in Traffic Insurance Standing Out in 2026

2026 is a period in which both the cover amounts and the claims practice in traffic insurance have been updated. Cover limits must be applied according to the position in force on the date of the accident; amendments to the General Conditions must be applied by assessing together the date they entered into force, the date of the accident and the policy period. An older accident and one occurring in 2026 should therefore not be treated as if subject to the same rules.

2026 Compulsory Traffic Insurance Cover Amounts

According to the SEDDK announcement dated December 29, 2025, in 2026:

These amounts are the compulsory traffic insurance limits published by SEDDK for the period 01.01.2026–31.12.2026. The insurer’s liability must be examined taking into account the legislation to be applied in the specific case and the limit valid on the date of the accident, even if an older amount is written on the policy. A high limit does not mean that the insurer is automatically liable for the whole loss; the actual loss, the degree of fault, the scope of cover, the number of rightholders and any grounds for reduction are assessed separately.

The General Conditions Amendments of June 12, 2026

Four important innovations were announced in SEDDK’s statement dated June 12, 2026:

• It is provided that the diminished value of the vehicle is calculated and paid together with the property damage file, without requiring a new separate application from the rightholder.
• The use of original parts in repairs is accepted as the rule; in certain cases, equivalent or reusable parts are permitted, subject to the rightholder’s written consent and the satisfaction of technical standards.
• It has been clarified that permanent and temporary incapacity-for-work compensation is covered from the injury cover, and temporary and permanent caregiver expenses from the treatment expense cover.
• In a claim application, notifying the rightholder’s mobile phone number registered in the e-Devlet system has been made mandatory.

These regulations show that older and categorical internet information such as “a separate application must necessarily be made for diminished value” or “temporary incapacity for work is outside traffic insurance in every case” has lost its currency.

Claim Files and Fault Rates Can Be Viewed through e-Devlet

According to the SEDDK announcement dated October 5, 2026, the scope of the Özel Sigortalarım (My Private Insurances) service on e-Devlet has been expanded. Citizens can access the expert reports, accident report records, fault rates and current/past policy information relating to the claim file. This access may help in reviewing the insurance company’s assessment and the claim file at an earlier stage; but the fault rate shown on e-Devlet is also not an unalterable final determination binding on the court or the arbitrator.

Which Legal Distinctions Must Be Made First in a Traffic Accident File?

In traffic accident disputes, the first mistake is to assess all claims under a single heading of “traffic compensation.” The file should in fact be examined along at least four separate axes.

Liability and Insurance Cover Are Not the Same Thing

A person may be legally liable for the loss, yet the loss may fall outside the standard cover of compulsory traffic insurance. For example, loss of use of a vehicle or loss of commercial earnings may be claimed from the driver and the operator, while under the general conditions of compulsory traffic insurance they may be treated as indirect loss outside cover. On the other hand, that there may be a situation in which the insurer can have recourse against its insured does not by itself remove the injured third party’s right to apply directly to the insurer.

Property Damage, Bodily Injury and Death Losses Are Calculated Separately

Vehicle damage and diminished value require a technical automotive examination; bodily injury requires a medical disability and actuarial examination; and death loss requires the relationship of support and an actuarial calculation. It is often not sound for the same expert to assess all of these fields.

Fault and Contributory Fault Are Different

Traffic fault in the occurrence of the accident and the injured person’s contribution to the occurrence or increase of the loss are not the same concept. For example, even if a passenger is without fault in the occurrence of the accident, if a causal link can be established between his or her not wearing a seat belt and the aggravation of the injury, a reduction in compensation under TBK Art. 52 may come into play.

The Right of Action and the Insurance Application Procedure Must Be Distinguished

The date of default, the preliminary application requirement, the competent court and the interest regime may not be the same for a tort claim directed at the driver and operator and a policy-cover claim directed at the insurance company. For this reason, the parties and the claims should be classified separately before an action is filed.

Map of Claims, Liable Parties and Insurance Cover

The most practical method of professional examination in a traffic accident file is to treat each head of loss on a separate line. The table below is a general roadmap; the specific policy and the characteristics of the event must always be examined separately.

This distinction matters for two reasons. First, it prevents applying to the wrong person for the same loss. Second, it prevents overlooking the possibility that an item falling outside insurance cover may legally be claimed from the liable party.

Principal Legal Rules Applied in Traffic Accidents

Highway Traffic Law

The following provisions of Law No. 2918 in particular are decisive:

• KTK Art. 85: Liability of the operator and the owner of the enterprise,
• KTK Art. 86: Conditions for the operator to be released from liability or for liability to be reduced,
• KTK Art. 88: Joint and several liability of several liable persons,
• KTK Art. 90: Scope and calculation principles of pecuniary and bodily losses,
• KTK Arts. 91–92: Compulsory financial liability insurance and cases outside cover,
• KTK Art. 97: Written application to the insurer before litigation or arbitration,
• KTK Art. 99: The insurer’s payment period after the necessary documents have been submitted,
• KTK Art. 109: Statute of limitations,
• KTK Art. 110: Jurisdiction and competence,
• KTK Art. 111: Agreements removing or restricting liability, and insufficient or excessive settlements.

Turkish Code of Obligations

Under Law No. 6098, tort liability, proof of loss and fault, the determination and reduction of compensation, the heads of death and bodily injury loss, non-pecuniary damages, joint and several liability, the statute of limitations and the effect of a criminal judgment on the civil judge are important. In particular TBK Arts. 49–56, 61–62, 72 and 74 frequently come into play in practice.

Insurance and Commercial Legislation

Article 30 of the Insurance Law No. 5684 concerning the Insurance Arbitration Commission; the provisions of the Turkish Commercial Code No. 6102 on insurance contracts; and the general conditions of compulsory traffic, comprehensive (kasko) and voluntary third-party liability insurance must be examined together with the specific policy.

Who Can Be Held Liable in a Traffic Accident?

The At-Fault Driver

A driver may be liable under the tort provisions if he or she caused the accident by conduct contrary to rules such as speed, following distance, lane, intersection, right of way, signals, manoeuvres, visibility, attention and care, or driving under the influence of alcohol or drugs. That the driver has not received an administrative traffic fine does not mean that he or she is without fault in terms of private law.

The Operator and Strict Liability

If the operation of a motor vehicle causes the death or injury of a person or damage to property, the liability of the operator comes into play within the framework of KTK Art. 85. This liability rests on the special danger created by the motor vehicle and is heavier than classic fault-based liability.

Who Is the Operator?

The person shown as owner in the traffic register forms a strong presumption of being the operator; but is not always the ultimately liable person. A person who operates the vehicle on his or her own account and at his or her own risk, a long-term lessee or financial lessee with de facto and economic control over the vehicle, or another person may be accepted as the operator in the specific case.

In short-term daily rental, the rental company’s capacity as operator continues in most cases, whereas in long-term relationships in which control is fully transferred a different result may be reached. What is decisive is not the name of the contract but actual use and economic benefit.

How Can the Operator Be Released from Liability?

The operator’s proof of release is subject to strict conditions. He or she must prove that the accident arose from force majeure, the gross fault of the injured person or the gross fault of a third party, and that the fault of himself or herself and of persons for whose acts he or she is responsible, and a defect in the vehicle, had no effect on the accident. If one of these elements is missing, complete release may not be obtained; only a reduction in compensation may come into play.

A Vehicle Not in Operation

If the motor vehicle is not in operation, the aggravated strict liability in the KTK may not be applied in the same way. The injured person may be required to prove that the accident arose from the fault of the operator or a person for whom he or she is responsible, or from a defect in the vehicle. However, the fact that the vehicle was parked does not by itself lead to the conclusion “it was not in operation”; the vehicle’s connection with traffic and operating function is assessed in the specific case.

The Owner of the Enterprise and the Employer

If the vehicle is operated under the title or business name of an enterprise, the owner of the enterprise may be held liable together with the operator. If the driver caused the accident while performing his or her work, the employer’s liability as the person employing others under the TBK may also come into play.

Multiple Vehicles and Joint and Several Liability

In a chain accident or an event where more than one vehicle contributed to the same loss, the injured person may, if the conditions exist, apply to the liable persons together. The relationship of fault and apportionment among the liable persons themselves is separate from the injured person’s claim in the external relationship. The total amount collected cannot exceed the actual loss.

The Administration Responsible for the Construction and Maintenance of the Road

If service faults such as a pothole, a collapsed road, missing signage, non-functioning signalling, a lack of protective barriers, a roadwork not marked as required or the like contributed to the accident, the liability of the relevant municipality, the General Directorate of Highways (Karayolları Genel Müdürlüğü) or another public administration may arise. In claims based on faulty performance of a public service, the administrative application, the time limit and the competent branch of the judiciary must be examined separately; the same procedure is not followed as in a traffic compensation action in the civil courts.

The Vehicle Manufacturer, Service or Repair Establishment

If brakes, steering, tyres, software, battery, driver-assistance system or another technical defect caused the accident, the product and contractual liability of the manufacturer, importer, seller or the maintenance and repair establishment may come into play. This possibility should be investigated particularly in new vehicles, accidents after maintenance and events where electronic records show a technical fault.

Insurance Companies

The compulsory traffic insurer assumes the operator’s legal liability to third parties within the limit and cover applicable on the date of the accident. The comprehensive (kasko) insurer may be liable within the policy provisions for loss to the insured’s own vehicle that falls within the policy; and the voluntary third-party liability insurer for liability exceeding the compulsory traffic insurance limit.

The Guarantee Fund

Where there is no compulsory insurance, the insurer cannot be identified, the vehicle cannot be identified, or in other cases listed in the legislation, the Guarantee Fund (Güvence Hesabı) may come into play for certain losses. The scope varies according to the cause of the event, and in particular a claim that the vehicle is unidentified must be proved with concrete evidence.

How Is the Fault Rate Determined and How Is Fault Objected To?

The Accident Report Is Not Conclusive Evidence

A property-damage accident report, a law-enforcement report, an SBM fault assessment or an administrative traffic fine are important evidence; but they are not binding in every case on the court or the insurance arbitrator. If the sketch, direction of the road, number of lanes, point of collision or statements in the report are wrong, a technical objection can be raised.

Principal Evidence Used in Examining Fault

• photographs and videos of the scene,
• KGYS/MOBESE, business and housing-estate camera records,
• in-vehicle camera footage,
• direction of damage to the vehicles and consistency of deformation,
• brake, skid and slide marks,
• road geometry, slope, visibility and weather conditions,
• traffic signs and signalling,
• speed, tachograph, GPS and fleet tracking data,
• lawful obtaining of telephone and communication records,
• vehicle event data recorder and electronic control unit data,
• witness statements,
• criminal investigation and on-site examination findings,
• expert traffic expert or Council of Forensic Medicine (Adli Tıp) report.

A Request for Preservation of Camera Footage Must Be Made Without Delay

Private business and housing-estate records, in-vehicle camera footage and some public camera images may be deleted within short periods. After the accident, merely saying “there is a camera” is not sufficient; which camera, which time interval and which direction the footage is requested for must be specified, and if possible a written preservation request should be made.

How Does the Criminal File Affect the Civil Action?

Under TBK Art. 74, the civil judge is not wholly bound by the criminal law provisions on liability or by the criminal judge’s assessment of fault. However, the findings of material fact and the findings that the act was committed in a final criminal judgment may constitute strong evidence in the civil proceedings. Reports in the criminal file must also be reviewed separately in the civil file for fault and causation.

How Is an Effective Objection to a Fault Report Constructed?

An abstract objection such as “we do not accept the fault report” is not sufficient. An effective objection must clearly show:

1. which material fact the report accepted wrongly,
2. which traffic rule it applied wrongly,
3. which evidence it did not examine,
4. what result contradicts the collision mechanics,
5. the technical bases of the alternative occurrence.

Can the Injured Person’s Conduct Reduce Compensation?

Contributory Fault

If the injured person contributed to the occurrence or increase of the loss, compensation may be reduced under TBK Art. 52. Contributory fault is different from fault in the occurrence of the accident in terms of traffic rules.

Not Wearing a Seat Belt

It must be proved that a seat belt was not worn and that this had an effect on the occurrence or aggravation of the specific injury. If seat belt use is uncertain in the report or a medical causal link between the injury and the belt cannot be established, no automatic reduction can be made.

Not Wearing a Helmet

If there is a causal link between a motorcycle driver’s or passenger’s not wearing a helmet and the increase in head-neck injury, a contributory fault reduction can be made in Court of Cassation practice. In its decision of 25.06.2025, E.2024/3475, K.2025/9966, the 4th Civil Chamber of the Court of Cassation accepted that a 20% reduction was required because of the connection between the head-region injury and not wearing a helmet. This rate is not a fixed tariff to be applied automatically in every case; the location of the injury and causation must be investigated.

Carriage as a Courtesy (Hatır Taşıması)

A person being carried gratuitously and solely as a courtesy may give rise to a debate on an equitable reduction. However, ordinary carriage within the family, a journey for a common business or interest, carriage by reason of duty and paid carriage are not always regarded as courtesy carriage. Courtesy carriage and contributory fault are separate grounds for reduction and their reasoning must be constructed separately.

Losses That Can Be Claimed in Property-Damage Traffic Accidents

Vehicle Repair Cost

The injured person may demand the necessary and reasonable parts, labour, paint, calibration and other expenses for the vehicle to be repaired to its condition before the accident. In the calculation, the make and model of the vehicle, year of manufacture, area of damage, repair method, quality of parts and market conditions are taken into account.

Original, Equivalent and Reusable Parts

It has been announced that the original-part principle was strengthened by the June 12, 2026 amendment, and that equivalent or reusable parts are permitted with the rightholder’s written consent and under the prescribed standards. In the insurance expert report, which part was chosen and why, the effect of the part on vehicle safety and warranty, sensor/ADAS calibration and technical conformity after repair should be checked.

VAT on the Repair Cost

In the Court of Cassation’s current decisions, because repairs, parts and labour are subject to VAT, VAT is accepted as an element of the actual loss. The 4th Civil Chamber of the Court of Cassation expressly adopted this approach in its decision of 17.02.2025, E.2023/4222, K.2025/2549. Although elements such as the vehicle owner’s tax status, the actual repair and the right to deduct may be discussed separately in the specific case, categorically excluding VAT solely on the ground that no invoice has been submitted is not correct.

Discount and Expert Reduction

A special discount that the insurer has agreed with the service or parts supplier does not automatically reduce the injured person’s actual loss. The expert should determine the necessary repair cost according to market conditions; high discount rates that are abstract and whose source is not shown should be scrutinised.

Total Loss, Heavy Damage and Write-Off Calculation

If repair is not economical or the vehicle cannot be repaired safely from a technical standpoint, a total loss assessment is made. In its decision of 05.10.2022, E.2021/15519, K.2022/11594, the 4th Civil Chamber of the Court of Cassation emphasised that where the repair cost exceeds the value of the vehicle or the vehicle cannot be repaired, the loss must be determined by the difference between the second-hand market value on the date of the accident and the salvage value.

What Must Be Checked in a Write-Off File

• Is the comparable vehicle price on the date of the accident correct?
• Have the same model, package, engine, mileage and equipment been compared?
• Have previous damage and usage been made concrete?
• Are the salvage offers real, accessible and comparable?
• Have the owner’s options to leave or transfer the salvage been explained?
• Have any loan, pledge and tax position on the vehicle been taken into account?

Diminished Value of the Vehicle

Even if the vehicle is repaired, diminished value may arise if it can be sold in the second-hand market for a lower price than before the accident. The Court of Cassation’s settled criterion is the difference between the undamaged second-hand market value of the vehicle before the accident and its second-hand market value after proper repair.

In the decisions of the 4th Civil Chamber of the Court of Cassation dated 28.09.2023, E.2023/6051, K.2023/9990; 06.11.2024, E.2024/10459, K.2024/10521; and 16.04.2025, E.2025/2945, K.2025/6015, a reasoned and verifiable calculation approach based on the market difference stands out.

What Elements Are Examined in Diminished Value?

• make, model and year of manufacture,
• mileage on the date of the accident,
• location and nature of the damage,
• replaced, repaired and painted parts,
• effect on load-bearing components or the chassis,
• effect of previous damage on the same area,
• commercial or private use of the vehicle,
• comparable listing/actual sale data before and after the accident.

That the vehicle is old, has high mileage or was previously damaged does not automatically reduce the diminished value to zero. Whether previous damage actually eliminates the market effect of the new accident must be explained with technical and market data.

A Separate Diminished Value Application in 2026

The June 12, 2026 regulation provides for diminished value to be calculated together with the property damage. However, where the insurance company makes no calculation, makes no payment at all or makes an incomplete payment, it may be necessary to apply with a written request and evidence to make the dispute concrete, and then to consider the arbitration or litigation route.

Loss of Use of the Vehicle and Substitute Vehicle Cost

If the vehicle could not be used during the reasonable repair period, the fact that the owner did not actually rent a vehicle does not always prevent the loss from arising. The loss can be calculated on the basis of the nature of the vehicle, the purpose of its use and the reasonable repair period. In its decision of 23.06.2025, E.2024/7796, K.2025/9820, the 4th Civil Chamber of the Court of Cassation stated that mandatory usage-related expenses such as fuel must be deducted from the comparable rental price.

If the vehicle is a total loss, the period is not the repair period but the time required to acquire a similar vehicle under reasonable conditions. In its decision of 27.05.2024, E.2023/10850, K.2024/5249, the 4th Civil Chamber of the Court of Cassation accepted that a concrete “substitute vehicle acquisition period” must be determined instead of an arbitrary and long period.

In compulsory traffic insurance, loss of use and loss of earnings are mostly debated as outside cover because of the indirect-loss exception in the general conditions. The claim may therefore be directed at the driver and the operator, and at a comprehensive (kasko) or voluntary third-party liability policy that offers cover, if any.

Loss of Commercial Earnings

For taxis, shuttles, trucks, buses, work machines or vehicles belonging to a company fleet, the vehicle’s inability to work may cause loss of income. It is not sufficient for the claim to rest only on estimated daily turnover. Tax records, trip schedules, tachograph, POS, invoices, the carriage contract, rental or substitute vehicle expense, variable costs and the reasonable repair period must be examined together.

Towing, Parking, Storage and Expert Expenses

Necessary and reasonable towing, parking, storage and loss assessment expenses directly connected with the accident may be claimed with concrete documents and a causal link. Unnecessary waiting or storage time beyond the ordinary may be discussed under the duty to mitigate loss.

Loss to Items and Cargo in the Vehicle

Loss to personal belongings or commercial cargo in the vehicle may be subject to special exceptions with respect to the standard cover of traffic insurance. A separate assessment must be made in respect of the carriage contract, cargo insurance, comprehensive (kasko) clauses and the liable driver/operator.

Pecuniary Damages in Traffic Accidents Involving Injury

In a bodily injury file, looking only at hospital invoices may lead to a serious loss of rights. Within the scope of TBK Art. 54, treatment expenses, loss of earnings, reduction or loss of working capacity and damage to economic future come into play.

Treatment Expenses

Emergency intervention, surgery, medication, physiotherapy, prostheses, orthoses, rehabilitation, transport, accompaniment and treatment foreseen to be required in the future, connected with the traffic accident, are examined separately. A distinction must be made between expenses covered by SGK under KTK Art. 98 and social security legislation and mandatory expenses that remain outside SGK coverage.

A private hospital difference or private treatment expense cannot be automatically rejected merely because a private institution was preferred; the necessity and reasonableness of the treatment and whether it was met by the public system are investigated.

Temporary Incapacity for Work

This is the person’s inability to work during the recovery period or a temporary reduction in earning capacity. The 2026 general conditions amendment announced that temporary incapacity-for-work compensation would be covered from the injury cover.

In calculating temporary incapacity for work, the following are taken into account:

• the period of medical recovery,
• actual work and income position,
• temporary incapacity payments made by SGK,
• whether the person is self-employed, salaried, a tradesperson, a homemaker or a student,
• regular and documentable earnings before the accident.

Permanent Incapacity for Work and Loss of Working Capacity

Permanent anatomical loss and loss of earnings are not the same thing. The medical rate is an important input of the compensation calculation; but the person’s occupation, age, manner of doing the work and economic future must also be examined. The same medical sequela may produce different economic consequences for a desk worker and for a professional athlete or a manual worker.

Under Which Legislation Is the Disability Report Obtained?

In the Court of Cassation’s current approach, the report must be prepared by the competent health institution and an appropriate expert board in accordance with the legislation in force on the date of the accident.

This periodisation is summarised in the decision of the 4th Civil Chamber of the Court of Cassation dated 23.12.2024, E.2022/16986, K.2024/13534. The legal suitability of a specific report must also be checked in view of legislative amendments and the person’s age.

For the Report to Be Suitable as a Basis for Judgment

• all treatment documents must be examined,
• the person must be personally examined where necessary,
• the causal link of the sequela with the traffic accident must be explained,
• the correct regulation must be applied,
• specialists of the relevant branches must be on the board,
• the temporary incapacity period and the need for a caregiver must be reasoned,
• any contradiction with other reports in the file must be resolved.

The decisions of the 4th Civil Chamber of the Court of Cassation dated 30.05.2024, E.2024/4562, K.2024/5498 and 30.10.2025, E.2024/8264, K.2025/14874 show that reports that state only a rate but do not explain the treatment process and the causal link are not sufficient.

Caregiver Expense

If the person needs another’s care during the recovery period or permanently, the economic value of care provided by a family member may be claimed even if no paid caregiver was actually hired. The duration and nature of the need for a caregiver must be explained in the medical report. In the 2026 regulation, temporary and permanent caregiver expense is placed under the treatment expense cover.

Damage to Economic Future

Even if a person maintains his or her current income, capacity for advancement in the occupation, finding work, changing jobs or competing may have permanently decreased. In particular where facial and appearance sequelae, loss of hand-arm function, loss of sensation or occupation-specific skills are affected, damage to economic future may be discussed separately.

Homemakers, Students, Children and Retirees

For a person whose income cannot be proved by payroll, it cannot be said “there is no loss.” The domestic service capacity of a homemaker; the probable future professional life of a student; and the loss in the active work and daily living activities of a retiree are assessed according to the characteristics of the specific case. The assumption-based part of the calculation must be reasoned with objective data and the ordinary course of life.

How Is the Actuarial Calculation Made?

In calculating permanent incapacity for work and loss of support, age, income, fault, disability rate, working period, passive period, remaining life expectancy, social security payments and previous payments are taken into account.

The recent predominant approach of the 4th Civil Chamber of the Court of Cassation is to use the TRH 2010 Life Table, containing current country-specific data, and the progressive annuity method, and not to apply the 1.8% technical interest arising from the general conditions. Decisions E.2023/10290, K.2023/12665; E.2024/21, K.2024/847; and E.2022/6073, K.2023/12464 reflect this approach. Nevertheless, the calculation method must be rechecked in the specific file taking into account the date of the accident, the law to be applied, vested procedural rights and the case law on the date of judgment.

Compensation Rights in Fatal Traffic Accidents

Compensation for Loss of Support

Compensation for loss of support is based not on the inheritance share but on the loss of the support that the deceased provided during his or her lifetime or was expected to provide in future. The claim is therefore independent of heirship and is the right of the person directly injured.

Who Can Claim?

For a spouse, children and, under certain conditions, parents, a relationship of support may be accepted according to the ordinary course of life. For the claim of a sibling, fiancé(e), cohabitant or another relative, a de facto, regular and continuing relationship of support must be made concrete.

What Elements Are Taken into Account in the Calculation?

• the deceased’s income on the date of the accident and probable future income,
• age, occupation and working period,
• the age and period of need of those supported,
• the likelihood of the spouse’s remarriage,
• children’s education and the period of support,
• the parents’ need for support,
• the deceased’s own share of living,
• fault and contributory fault,
• whether social security payments are subject to recourse,
• payments made earlier.

Can the Relatives of a Wholly At-Fault Driver Receive Compensation from the Driver’s Own Traffic Insurance?

This issue was the scene of differing case law for many years. The current approach of the General Assembly of Civil Chambers is that the relatives of a driver/operator who caused his or her own death through 100% own fault in a single-vehicle accident cannot claim compensation for loss of support from the compulsory traffic insurer of the same vehicle. The decision of the Civil General Assembly of the Court of Cassation of 07.02.2024, E.2022/1131, K.2024/75, and the decision of the 4th Civil Chamber of the Court of Cassation of 10.02.2025, E.2023/4754, K.2025/2041, reflect this approach.

However, for older accidents and policies, the historical legal regime of the file must be examined separately because of regulatory changes and earlier final case law. Reaching a conclusion on this heading with only the current general statement is not safe.

Funeral, Burial and Pre-Death Treatment Expenses

Reasonable funeral and burial expenses incurred because of the death can be claimed, as can, if death did not occur immediately, treatment and care expenses and the deceased’s loss of earnings during that period. Not all traditional or unusual expenditure, but reasonable expenses in appropriate causal connection with the event, are taken into account.

Non-Pecuniary Damages for Death

The relatives of the deceased may claim non-pecuniary damages under TBK Art. 56. Closeness is assessed not only by the civil registry but also by the nature of the actual bond. The amount of non-pecuniary damages is not determined by a mathematical tariff, but by the criteria of the gravity of the event, fault, the manner of death, the social and economic position of the parties, the purchasing power of money and equity.

Scope of Non-Pecuniary Damages and Insurance Cover

Non-pecuniary damages are neither the price of pain nor a means of punishment; they are an equitable redress aimed at partly balancing the moral distress suffered by the injured person. A person whose bodily integrity has been violated may claim, and in the case of serious injury or death, relatives may claim.

The standard cover of compulsory traffic insurance does not, as a rule, include non-pecuniary damages. However, a voluntary third-party liability policy may have an additional cover for non-pecuniary damages. It is not enough for the policy merely to say “İMM”; the sub-limit for non-pecuniary damages, the total limit and the per-event limit must be checked.

Types of Insurance in Traffic Accidents

Compulsory Financial Liability Insurance

This secures the operator’s legal liability to third parties arising from the KTK within the limit and cover applicable on the date of the accident. It is not insurance that covers damage to the operator’s own vehicle.

Comprehensive (Kasko) Insurance

This covers loss to the insured’s own vehicle that falls within the policy. Narrow, broad or extended products; excess; authorised service; original parts; substitute vehicle; diminished value; and İMM clauses vary according to the policy. After making payment, the comprehensive (kasko) insurer may apply to the at-fault liable persons by way of subrogation.

Voluntary Financial Liability Insurance (İMM)

This secures, within the policy limits, legal liability exceeding the compulsory traffic insurance limit. It is critically important in accidents involving serious bodily injury or many injured persons. The scope of non-pecuniary damages, loss of use of the vehicle or other losses must be checked in the special conditions.

Compulsory Seat Personal Accident Insurance

In passenger carriage provided for in the legislation, it may provide personal accident cover for passengers and certain personnel, in the sum stated in the policy. Unlike liability insurance, under certain conditions it has the nature of a sum insurance independent of fault. The type of carriage, the route and the existence of the policy must be investigated.

Green Card and Foreign-Plated Vehicles

If a foreign-plated vehicle is involved in the accident, the Green Card system, border insurance, the foreign insurer and the link with the Turkish Motor Insurers’ Bureau are investigated. Notification, jurisdiction, the applicable law and the determination of cover may be more complicated than in a standard file.

Scope of Compulsory Traffic Insurance Cover and Cases Outside Cover

Losses That May Generally Be Covered

• damage to a third party’s vehicle and property,
• diminished value of the vehicle,
• health expenses,
• temporary and permanent incapacity for work,
• temporary and permanent caregiver expense,
• loss of support due to death,
• other items in the nature of direct loss under the policy and legislation.

Losses That May Fall Outside Standard Cover

• damage to the insured vehicle itself,
• non-pecuniary damages,
• items treated as indirect loss in the general conditions, such as loss of income and profit, business interruption and rent/loss of use of a vehicle,
• special exceptions relating to carried goods and cargo,
• claims that do not legally fall within the operator’s sphere of liability,
• other cases expressly excluded in the policy and the law.

Being outside cover does not mean that the loss cannot be claimed from the driver or operator. It may fall only outside the insurer’s standard policy scope.

The Insurer’s Liability to the Injured Person and Recourse Against the Insured Are Separate

Driving under the influence of alcohol or without a driving licence is often wrongly described as “the insurance pays nothing.” The person whom compulsory traffic insurance principally protects is the injured third party. After paying the third party, the insurer may have recourse against its insured if the general conditions and the circumstances of the specific case are met.

Principal Recourse Debates

• driving without a driving licence,
• the influence of alcohol or drugs,
• an allegation of intent or gross fault,
• use of the vehicle outside its registration or intended use,
• exceeding the carrying capacity,
• fault of the operator in the theft or robbery of the vehicle,
• increase of the loss because the risk was notified late,
• the insured’s false declaration.

The conditions of recourse are examined according to the general conditions in force on the policy date and the causal link between the breach and the occurrence of the accident. Whether being under the influence of alcohol alone is sufficient for recourse in every file must be assessed taking into account the policy period and current case law. In its decision of 19.09.2024, E.2022/3720, K.2024/7969, the 4th Civil Chamber of the Court of Cassation did not accept recourse, under the old general conditions, where the accident had not occurred merely through the influence of alcohol.

In Which Cases Can the Guarantee Fund Be Applied To?

The Guarantee Fund (Güvence Hesabı) was established to close certain gaps in the compulsory insurance system within the cover limits applicable on the date of the accident. The principal cases are as follows:

• the vehicle that caused the accident cannot be identified,
• there is no compulsory traffic insurance,
• cases specified in the legislation such as cancellation of the insurance company’s licence or bankruptcy,
• certain losses caused by a stolen or robbed vehicle where the operator cannot be held liable.

An allegation of an unknown perpetrator or a vehicle whose plate cannot be identified may not be accepted on the injured person’s statement alone. Concrete proof by accident report, camera footage, witnesses and physical findings is important.

As a rule, the Guarantee Fund does not cover non-pecuniary damages. A driver or operator who caused the accident through his or her own fault cannot claim his or her own bodily injury from the Fund. The scope of property damage to vehicles contains special provisions depending on the reason for the application, and must therefore be checked separately in each file.

What Must Be Done Immediately After a Traffic Accident

In the First Minutes

1. Safety of life must be ensured, and 112 and, where necessary, the law enforcement must be called.
2. If there is injury or death, one of the drivers is unlicensed/under the influence of alcohol, a public vehicle or public property is damaged, the parties cannot agree, a foreign-plated vehicle is involved or there is a suspicious situation, one should not be content with a property-damage report between the parties alone.
3. Wide-angle and close-up photographs/videos should be taken before the vehicles are moved.
4. The road, signs, lights, lanes, visibility, brake marks and surrounding cameras should be recorded.
5. The identity and contact details of witnesses should be obtained.

In the First 24 Hours

• A medical examination and recording all complaints,
• a written request to preserve camera footage,
• obtaining the accident report, policy and registration details,
• detailed photographing of the vehicle before repair,
• keeping towing/parking documents,
• starting to collect incapacity-for-work and loss-of-income documents

are important.

During Treatment

The discharge summary, operation note, imaging, prescriptions, physiotherapy, check-ups, rest, travel and accompaniment expenses should be filed chronologically. While complaints continue, a document stating “there is no permanent disability” or “fully recovered” should not be signed in haste.

The Procedure for Applying to the Insurance Company

The KTK Art. 97 Preliminary Application

The injured person must make a written application before going to litigation or the Insurance Arbitration Commission against the compulsory traffic insurer. In the application, instead of saying merely “I request payment of my loss,” the heads of claim, the accident, the allegation of fault, the cover and the documents should be clearly stated.

The Generalisation “Apply Within Five Business Days” Is Not Correct

Older internet content states that the injured person must necessarily apply to the insurer within five business days of the accident. This is not a general preclusive period for the injured person’s compensation application under KTK Art. 97. The insured’s obligation to notify the risk to the insurer under the policy must be distinguished from the injured person’s direct claim and limitation periods.

Which Documents Should Be in the Application File?

Vehicle Damage and Diminished Value

• accident report and fault information,
• registration and identity/representation document,
• photographs and video,
• expert report and claim file,
• repair quotation/invoice and parts list,
• previous damage records,
• vehicle market-price and comparable data,
• bank details and the contact number registered on e-Devlet.

Bodily Injury

• law enforcement and criminal file documents,
• all treatment documents,
• a disability report in accordance with the correct legislation,
• a report on temporary incapacity for work and the need for a caregiver,
• income and occupation documents,
• SGK payment records,
• a calculation report or data making the claim concrete.

Death Loss

• death and burial documents,
• civil registry family records,
• the relationship of support and income documents,
• SGK income/pension records,
• documents showing the education, age and needs of those supported.

The Insurer’s Payment Period and Default

Under KTK Art. 99 and the general conditions, the amount within cover must be paid within eight business days from the date the necessary documents are submitted to the insurer. In its decision of 26.05.2025, E.2024/1955, K.2025/8460, the 4th Civil Chamber of the Court of Cassation assessed the insurer’s default on the basis of eight business days after the notification of the risk and the submission of the necessary documents.

Continually requesting incomplete documents or documents not mandatory for the claim cannot be used as a means of postponing default indefinitely. On the other hand, if a document genuinely necessary to calculate the loss has not been submitted, the start of the eight-business-day period may become disputed.

How Is the Insurance Company’s Reason for Rejection or Partial Payment Scrutinised?

The insurance company’s rejection letter is the starting document of legal examination; it does not by itself determine the outcome of the dispute. In particular, the following grounds must be subjected to technical and legal scrutiny:

• basing the fault rate solely on the SBM assessment,
• abstractly asserting that there is no causal link between the damage and the accident,
• the allegation that previous damage wholly eliminates the new loss,
• applying a high parts or service discount without showing market research,
• excluding repair VAT solely for want of an invoice,
• reducing the vehicle’s diminished value to zero by a fixed formula or solely because of mileage/age,
• preparing the disability report under the wrong regulation,
• categorically treating temporary incapacity for work or caregiver expense as outside cover,
• applying the policy limit according to the wrong year or the wrong vehicle group,
• setting off a previous payment without updating it or against the wrong head,
• asserting limitation without examining the extended criminal limitation period.

Rather than repeating the ground for rejection, an effective objection must test, one by one, the data, policy provision, general condition, legislation and calculation method on which the ground for rejection rests.

How Can the Evidentiary Strength of the Application File Be Increased?

In the application petition, each item should be shown separately instead of writing only a total amount. If possible, the following structure should be used:

1. a short chronology of the event and of fault,
2. the basis of liability,
3. the legal nature of each head of loss,
4. a list of documents supporting the claim,
5. previous payments made and the method of set-off,
6. interest and the start of default,
7. a clear statement of the relief sought.

In an electronic application, proof of delivery and content must be preserved; the e-mail, KEP (registered electronic mail), online application number or registered mail receipt should be kept in the file.

Insurance Arbitration Commission or Litigation?

There is no single correct route for every file. The parties to the dispute, the need for evidence, the heads of loss and the expected calculation method must be taken into account.

Waiting Period for Arbitration

According to the current explanation of the Insurance Arbitration Commission, a written application must first be made to the insurance institution. In traffic insurance, an application may be made to the Commission if a negative reply is given or no reply is given within 15 days. The insurer’s eight-business-day payment/default period and the 15-day waiting period for applying to arbitration are not the same concept.

Monetary Limits for Arbitration May Change

Because the limits for finality, objection and appeal are updated periodically, they should be checked on the Insurance Arbitration Commission’s current page on the date of application. The monetary limits in older internet articles should not be relied on.

Strategic Assessment in Choosing Between Arbitration and Litigation

The choice of route should not be made solely according to the expectation of speed. Choosing arbitration or litigation without answering the following questions may cause the file to be fragmented:

Is Only the Insurance Cover in Dispute?

If the dispute concerns only vehicle damage, diminished value or a calculable bodily injury item that the insurance company underpaid, arbitration may offer file economy. On the other hand, if the driver, operator, employer, public administration, manufacturer or more than one insurer must be in the same file, the court may be more comprehensive.

Is There Non-Pecuniary Damage or an Item Outside Cover?

Claims that may fall outside the scope of standard ZMSS, such as non-pecuniary damages, loss of use of a vehicle and loss of commercial earnings, may not be resolved in insurance arbitration alone. It should be considered that hearing claims arising from the same accident before different authorities may produce contradictory fault and calculation results.

Is the Gathering of Evidence Necessary?

If it is necessary to obtain camera footage, hear witnesses, carry out an on-site examination, request comprehensive documents from public institutions or conduct a multidisciplinary expert examination, the court procedure may be more suitable. The short periods in arbitration may make it harder to complete missing evidence later.

Have the Monetary Limit and the Appeal Route Been Checked?

The finality, objection and appeal regime of an arbitration decision depends on the monetary limits on the date of application. Because these limits change periodically, they should be checked as current together with the amount claimed.

Is Mediation Mandatory Before Filing an Action?

In claims under KTK Art. 97 directed at the compulsory traffic insurer, the current decisions of the 4th Civil Chamber of the Court of Cassation regard the written preliminary application to the insurer as a special condition precedent to litigation/alternative resolution route and accept that mediation as a condition precedent to commercial litigation is not additionally required. The decisions of the 4th Civil Chamber of the Court of Cassation dated 08.05.2024, E.2023/12689, K.2024/4378 and 29.05.2025, E.2022/6627, K.2025/8872 are to this effect.

However, the assessment of mediation may differ in comprehensive (kasko) insurance, voluntary third-party liability insurance, the insurer’s recourse action, an action directed solely at tort-liable persons, or other contractual relationships. A procedural check must be made on a party-and-claim basis on the date the action is to be filed.

Competent Court and Court with Territorial Jurisdiction

Competent Court

• In disputes in which the compulsory traffic insurer is also a defendant, the Commercial Court of First Instance (Asliye Ticaret Mahkemesi) is accepted as the competent court, since insurance law is regulated in the TTK.
• Actions directed solely at the driver and operator on the basis of tort/KTK liability are, as a rule, heard before the Civil Court of First Instance (Asliye Hukuk Mahkemesi).
• Special relationships such as paid passenger carriage, a consumer transaction, a link with a work accident or a public administration’s service fault may change the competent court.

In its decision of 22.05.2024, E.2022/2759, K.2024/5110, the 4th Civil Chamber of the Court of Cassation stated that an action in which the insurer is the defendant is a commercial action.

Court with Territorial Jurisdiction

Under KTK Art. 110, actions for legal liability arising from motor vehicle accidents may be brought before the court of the place where the insurer’s head office or branch or the agency that made the contract is located, or of the place where the accident occurred. Under HMK Art. 16, the place where the tort was committed, where the loss occurred or is likely to occur, and the injured person’s place of residence may also confer jurisdiction depending on the specific case. The options must be assessed together for all defendants and claims.

Start of Interest and Type of Interest

As to the Driver and the Operator

Tort-liable persons, as a rule, fall into default on the date of the event. For this reason, the start of interest on compensation directed at the driver and operator is in most cases the date of the accident.

As to the Insurance Company

The insurer falls into default at the end of the statutory payment period after a proper application and the submission of the necessary documents. The decision of the 4th Civil Chamber of the Court of Cassation of 17.09.2024, E.2024/5198, K.2024/7774, emphasises that interest cannot be run against the insurer directly from the date of the accident; the application and the eight-business-day period must be investigated.

Statutory Interest or Advance (Commercial) Interest?

The vehicle that caused the accident being a commercial vehicle, the carriage being carried out within a commercial activity and the commercial nature of the debt may bring a claim for advance interest into play. For private vehicles and non-commercial relationships, statutory interest may apply. The policy type and the capacities of the parties must be examined in the specific case.

Limitation Periods in Traffic Accidents

General Period

Under KTK Art. 109, claims for pecuniary loss arising from motor vehicle accidents are time-barred two years from the date the injured person learns of the loss and the person liable to pay compensation, and in any event ten years from the date of the accident.

Extended Criminal Limitation Period

If the act constitutes an offence subject to a longer limitation period under the criminal law, this longer period may also apply to claims for pecuniary damages. In accidents involving injury or death, this rule is often important.

According to the decision of the 4th Civil Chamber of the Court of Cassation of 15.04.2024, E.2023/1824, K.2024/3240, for the extended criminal limitation period to apply, it is not necessary that a public prosecution be brought or a conviction be given; the existence of the act requiring a penalty is sufficient. The decision of the Civil General Assembly of 14.02.2024, E.2022/369, K.2024/94, also accepted that the fact that no criminal case could be brought because the person who caused the accident had died does not by itself prevent the extended period.

An Application to the Insurer Does Not Automatically Interrupt the Limitation Period

In its decision of 13.02.2024, E.2023/12969, K.2024/1507, the 4th Civil Chamber of the Court of Cassation accepted that an application to the insurance company is not one of the grounds interrupting limitation listed in TBK Art. 154. The assumption “I applied to the insurer, so the period has now stopped” is therefore dangerous.

The Period May Vary According to the Type of Claim

A claim arising from a comprehensive (kasko) contract, the insurer’s recourse claim, a full remedy claim against a public administration, a work accident and social security recourse may be subject to different periods and starting points. A separate time schedule should be prepared for each claim.

Scrutiny of Expert and Specialist Reports

In a traffic accident file, the outcome of the decision often depends on fault, automotive, medical and actuarial reports. However, an expert report is not conclusive evidence legally binding on the court or the arbitrator; the field of expertise, data set, method and reasoning of the report must be scrutinised.

In a Fault Report

The following must be checked:

• whether the scene and road geometry were correctly accepted,
• whether the vehicle damage is consistent with the account of the collision,
• whether the camera and electronic data were examined,
• whether the rule violation attributed to each driver was made concrete,
• whether the possibility of avoidance and the causal link were explained.

In an Automotive and Damage Report

The following must be examined:

• the market price on the date of the accident and real comparables,
• the part code, quality of the part, labour and paint times,
• the reasoning for VAT and discount,
• the regional effect of previous damage,
• the reasonable repair period,
• the market difference before/after the accident in diminished value,
• the genuineness of the salvage offers in a write-off.

In a Disability Report

The following must be explained:

• the correct legislation on the date of the accident,
• the authority of the health institution and the board,
• whether the treatment process has been completed,
• the causal link between the sequela and the accident,
• temporary incapacity for work and the need for a caregiver,
• any contradiction with other reports.

In an Actuarial Report

The following must be checked separately:

• the start of income and the method of increase,
• the working/passive period,
• TRH 2010 or the life table to be applied in the specific case,
• the progressive annuity method,
• the order of fault, contributory fault and courtesy-carriage reduction,
• whether SGK payments are subject to recourse,
• the updating of the insurance payment and its set-off against the correct head,
• the policy limit and the start of default/interest.

In objecting to a report, not only the resulting amount but the concrete assumptions and data that change the calculation must be targeted.

Indeterminate Claim, Partial Action and Increase of the Claim

In bodily injury, loss of support and some vehicle losses, the actual amount may not be exactly determinable when the action is filed. In this case, the option of an indeterminate claim or a partial action, the procedure for increasing the claim/amendment (ıslah), the statute of limitations and the consequences for interest must be assessed together.

Choosing the wrong type of action may give rise to debates on the period, court fee, start of interest and vested procedural rights in respect of the increased part. The approach of “filing with a low amount for now and increasing later” is therefore not an automatic and risk-free method. The statement of claim must explain why which head of loss could not be determined and by which evidence it will be calculated.

Release, Settlement and Incomplete Insurance Payment

The insurance company making a payment does not mean that the remaining loss has come to an end in every case. Under KTK Art. 111, agreements that remove or restrict the liability in the Law are invalid; agreements and settlements on the amount of compensation that are clearly insufficient or excessive may be annulled within two years from the date they were made.

According to the decision of the Civil General Assembly of the Court of Cassation of 29.05.2024, E.2023/6, K.2024/292, it is not mandatory to file a separate annulment action; a declaration of intent within two years that the agreement is not accepted, or raising it during the action, may be sufficient. The two-year period is preclusive in nature.

How Is an Incomplete Payment Reviewed?

1. The actual loss is calculated according to the data on the date of payment.
2. The manifest disproportion between the amount that should have been paid and the actual payment is examined.
3. If the release (ibraname) is accepted as having the effect of a receipt, the payment is updated and deducted from the total loss.
4. The remaining loss is determined within the framework of the current calculation and the policy limit.

The decision of the 4th Civil Chamber of the Court of Cassation of 17.03.2025, E.2025/2483, K.2025/4502, explains this method.

Special Types of Traffic Accidents

Pedestrian Accidents

A pedestrian’s crossing contrary to the rules does not automatically remove the driver’s duties of speed and care. Visibility, lighting, the pedestrian crossing, the vicinity of schools/hospitals, the driver’s ability to notice the danger and the avoidance manoeuvre are assessed together.

Bicycle and Electric Vehicle Accidents

The legal nature of bicycles, electric bicycles and scooters may vary according to motor power, speed, area of use and current legislation. The helmet, the section of road, visibility, right of way and whether the vehicle is regarded as a “motor vehicle” affect the liability and insurance regime.

Motorcycle Accidents

A helmet and protective equipment may affect the amount of compensation if a causal link with the injury is established. The visibility of the motorcycle, its lane position, the blind spot of the vehicles, the road surface and protective equipment must be examined separately.

Chain Accidents

Each collision must be analysed in its own relationship of time and place. The same rate cannot be attributed to all drivers without determining the effect of the first collision on later ones, following distance, sudden stopping, the possibility of avoidance and independent faults.

A Traffic Accident in the Nature of a Work Accident

A traffic accident that an employee has in the course of carrying out work, with the employer’s vehicle or by reason of duty may also be a work accident. The SGK notification, the employer’s occupational health and safety liability, pecuniary and non-pecuniary damages, the part of SGK benefits subject to recourse and the competent court must be examined together.

Public Vehicle and Public Transport Accidents

In accidents involving municipal buses, shuttles, school buses or other public transport, the operator, owner of the enterprise, driver, carrier, compulsory traffic insurer, seat personal accident insurer and, if necessary, the public administration may be liable on different legal grounds.

Rented and Financially Leased Vehicles

The rental period, delivery of the vehicle, economic and de facto control, the content of the contract and the rental company’s control affect the capacity of operator. A defence of “I am not the registration holder” or “I rented the vehicle out” does not by itself end liability.

Hit-and-Run and a Vehicle Whose Plate Cannot Be Identified

It is important that the law enforcement report mentions the unidentified vehicle and that camera footage and witnesses are quickly collected. Asserting an unidentified vehicle later on statement alone may not be regarded as sufficient for a Guarantee Fund claim.

Frequent Mistakes in a Traffic Accident File

• Accepting the fault in the accident report alone as conclusive,
• waiting until camera footage is deleted,
• not having a detailed damage assessment made before the vehicle is repaired,
• having diminished value calculated by a fixed formula,
• confusing loss of use of the vehicle with diminished value,
• not scrutinising the market price and salvage offers in a write-off file,
• obtaining the bodily injury report under a regulation of the wrong date,
• not having the causal link between the medical sequela and the accident explained,
• not collecting all income and occupation documents,
• leaving temporary incapacity for work and caregiver expense out of the claim,
• treating the default dates of the insurer, the driver and the operator as the same,
• thinking that limitation is automatically interrupted by an insurance application,
• signing an early and insufficient release,
• not investigating the ZMSS, comprehensive (kasko), İMM and seat personal accident policies together,
• automatically claiming non-pecuniary damages from compulsory traffic insurance,
• not choosing between arbitration and the court route according to the file’s evidentiary needs.

Professional File Management Timeline

The timeline below is not a fixed calendar replacing statutory time limits; it is a practical plan aimed at preventing the loss of evidence and rights.

Practical File Checklist

Party and Policy Check

• driver,
• registered owner,
• actual operator,
• owner of the enterprise and employer,
• compulsory traffic insurer,
• comprehensive (kasko) and İMM insurer,
• seat personal accident policy,
• foreign vehicle/Green Card,
• possibility of the Guarantee Fund,
• road administration or manufacturer/service liability.

Evidence Check

• report, sketch and scene photographs,
• camera and vehicle electronic data,
• criminal/investigation file,
• fault reports,
• damage expert report and repair documents,
• market price/salvage/diminished value data,
• treatment and disability documents,
• income, occupation and relationship-of-support documents,
• SGK payment and income records,
• insurance application and notification documents,
• payment, release and reconciliation documents.

Time-Limit Check

• date of the accident,
• date the loss and the liable person were learned,
• possibility of a criminal limitation period,
• date of the insurance application,
• the eight-business-day default date,
• the 15-day waiting period for arbitration,
• the two-year preclusive period in KTK Art. 111,
• time limits for the action and for appeals.

Frequently Asked Questions

Is only the at-fault driver liable in a traffic accident?

No. The operator, the owner of the enterprise, the employer, the insurance company and, depending on the specific case, the public administration, the vehicle manufacturer or the service may also be liable on different legal grounds.

Can the fault rate in the accident report be changed?

Yes. The report is not a final judgment. A different fault result may emerge through camera footage, damage consistency, road geometry and expert examination.

How is the diminished value of a vehicle calculated?

The basic criterion is the difference between the vehicle’s undamaged second-hand market value before the accident and its market value after proper repair. A fixed formula alone is not sufficient.

If my vehicle was previously damaged, can I not receive diminished value?

Previous damage does not automatically remove the claim. The area of the previous damage and the additional effect of the new accident on the market are investigated.

Is a separate application mandatory for diminished value in 2026?

SEDDK’s June 12, 2026 regulation provides for diminished value to be calculated together with the property damage. If payment is incomplete or absent, it may be necessary to make the dispute concrete with a written application and to go to arbitration/litigation.

Do I need to have rented a vehicle to claim for loss of use?

Not in every case. The loss can be determined on the basis of the reasonable repair or substitute vehicle acquisition period and the comparable usage price; however, the cover of compulsory traffic insurance is discussed separately.

How is compensation calculated for a write-off vehicle?

The salvage value remaining with the vehicle owner is deducted from the actual second-hand market price on the date of the accident. The market price and salvage must be scrutinised with real market data.

If I have not submitted the repair invoice, can I claim VAT?

In the Court of Cassation’s current approach, VAT is accepted as an element of the actual loss. The specific tax status and repair position are assessed separately.

Can temporary incapacity for work be claimed from traffic insurance?

In the 2026 general conditions amendment, temporary incapacity for work is regulated within the injury cover. The accident, income, medical recovery period and any SGK payments are examined.

Can a disability report be obtained from any hospital?

No. The report must be issued by the competent health institution and an appropriate expert board in accordance with the legislation on the date of the accident, assessing all treatment documents.

Can a homemaker or a person without documented income receive compensation?

That income cannot be proved by payroll does not mean there is no loss. Loss of domestic service and minimum wage/comparable income data may be assessed according to the specific case.

Is compensation for loss of support paid only to heirs?

No. The right is independent of heirship. A person who actually and regularly received support may claim if the conditions are met.

Can the family of a wholly at-fault driver receive support compensation from the driver’s own traffic insurance?

The current approach of the Civil General Assembly is that the relatives of a driver/operator who dies through 100% own fault in a single-vehicle accident cannot claim from the traffic insurer of the same vehicle. For older accidents and policies, the law of the period must be examined separately.

Does traffic insurance pay non-pecuniary damages?

Standard compulsory traffic insurance does not, as a rule. If an İMM policy has an additional cover for non-pecuniary damages, a claim within the limit may be possible.

Within how many days must I apply to the insurance company?

For the injured person there is no general “five business days” preclusive period. However, an application should be made without delay because of the preservation of evidence and limitation. The insured’s notification obligation under the policy is a separate matter.

When does the insurance company fall into default?

At the end of the eight-business-day payment period following a proper application in which the necessary documents were submitted; depending on the content of the application, default on the date of an express rejection that occurs earlier may be discussed.

When can I apply to arbitration?

In traffic insurance, after a written application to the insurer, if a negative reply is received or no reply is given within 15 days, an application may be made to the Insurance Arbitration Commission.

Does an application to the insurer interrupt limitation?

Not by itself and not in every case. The Court of Cassation’s current decisions do not regard an application to the insurer as an automatic ground of interruption within the meaning of TBK Art. 154.

Is the limitation period in traffic accident compensation always two years?

No. Besides the general two- and ten-year periods, if the act constitutes an offence, a longer criminal limitation period may apply. Different periods may also apply depending on the type of claim.

If the insurance company has made a payment, can I make a claim again?

If the actual loss has not been met, a claim for the remainder may be possible. If there is a release or settlement, the two-year preclusive period in KTK Art. 111 and manifest insufficiency must be examined.

Does traffic insurance not pay for loss caused by a driver under the influence of alcohol?

The injured third party’s direct right and the insurer’s recourse against the insured are separate. The insurer may pay the victim and, if the conditions exist, have recourse against its insured.

What is done if the vehicle that caused the accident has no insurance?

The driver and operator may be applied to; if the legislative conditions exist, the Guarantee Fund may come into play for bodily injuries and certain other losses.

Is the Insurance Arbitration Commission or the court more suitable?

In a file with only an insurance dispute and limited technical evidence, arbitration may be fast. In a file that is multi-party, involves non-pecuniary damages or a public administration, or has complex fault/causation, the court may be more suitable.

Is mediation mandatory before an action against the insurer?

In the 4th Civil Chamber of the Court of Cassation’s current approach, the preliminary application under KTK Art. 97 is accepted as a special condition precedent to litigation for ZMSS claims, and mandatory commercial mediation is not additionally required. Other policy and claim types must be checked separately.

In which court is an action filed because of a traffic accident?

An action in which the insurer is also a defendant is mostly heard before the Commercial Court of First Instance; a tort action directed solely at the driver and operator is heard before the Civil Court of First Instance. The competent court may change if there is a consumer, employment or administrative-judiciary relationship.

Conclusion: A Traffic Accident File Must Be Examined as a Whole

Determining traffic accident compensation correctly requires fault, the capacity of operator, joint and several liability, policies, actual loss, disability, the relationship of support, the cover limit, the application procedure, default, interest and limitation to be assessed within the same file plan.

In 2026 in particular, given the changes in the covers for diminished value, parts practice, temporary-permanent incapacity for work and caregiver expense; access to the claim file and fault data through e-Devlet; and the Court of Cassation’s current decisions, acting on older and short internet texts may lead to significant loss of rights.

In a specific file, the right method is first to identify all liable persons and policies, to collect the evidence before it disappears, to have the heads of loss calculated separately, to make the insurance application completely, and to choose from the arbitration and litigation routes the one suited to the structure of the file.

Selected Current Case Law

Legislation and Official Sources

• Highway Traffic Law No. 2918
• Turkish Code of Obligations No. 6098
• Insurance Law No. 5684
• Turkish Commercial Code No. 6102
• General Conditions of Compulsory Financial Liability Insurance for Motor Land Vehicles (Karayolları Motorlu Araçlar Zorunlu Mali Sorumluluk Sigortası Genel Şartları)
• SEDDK - 2026 Compulsory Traffic Insurance Cover Limits
• SEDDK - announcement of 12.06.2026, Traffic Insurance General Conditions Renewed
• SEDDK - announcement of 05.10.2026, Insurance Claims on e-Devlet
• Insurance Arbitration Commission - How to Apply?
• Insurance Arbitration Commission - Frequently Asked Questions
• Official application and frequently asked questions pages of the Guarantee Fund