Types of Damage in Traffic Accidents

Traffic accidents can cause both physical and economic losses for victims. These losses are generally considered under two headings: bodily harm, and damage to vehicles and other property.

The compensation that can be claimed depends on how the accident occurred, the parties’ respective degrees of fault, the causal link between the damage and the accident, how the damage is documented and the applicable legislation. Each head of damage may require a separate examination and calculation.

1. Bodily Harm in Traffic Accidents

Article 54 of the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu) lists treatment costs, loss of earnings, losses arising from the reduction or loss of capacity to work, and losses arising from the impairment of economic prospects as forms of bodily harm.

The nature of the injury and the course of recovery directly affect which heads of damage can be claimed. The medical condition and its connection with the accident must be established through medical records.

  • Treatment costs: Costs of examinations, surgery, medication, physiotherapy, prostheses and other healthcare expenses connected with the accident may be claimed. Because there are special rules on the liability of the Social Security Institution (SGK) for the cost of healthcare services resulting from traffic accidents, not every expense can be claimed directly from the insurance company.
  • Temporary incapacity and loss of earnings: Documented loss of income resulting from being unable to work during the recovery period may be assessed in light of the person’s employment status and the specific evidence.
  • Permanent incapacity: If a permanent loss of capacity to work remains after treatment is completed, compensation may be claimed on the basis of a report from an authorized healthcare institution and an actuarial calculation.
  • Care costs: If the accident has created a temporary or permanent need for care, a claim may be made taking into account the medical necessity and the duration of care.
  • Impairment of economic prospects: Where the injury adversely affects the person’s professional development or future earning potential, this may be assessed separately.
  • Non-pecuniary damages: The injured party may claim an appropriate amount of non-pecuniary (moral) damages for the violation of their bodily integrity. In cases of serious bodily harm, claims by close relatives may also be assessed depending on the circumstances of the case.

Damages Claimable in Fatal Accidents

In the event of death, claims may arise for funeral expenses, for treatment costs and loss of capacity to work for the period before death if death did not occur immediately, and for compensation for loss of support.

Being an heir is neither sufficient nor required for a loss-of-support claim. Persons whom the deceased actually supported during their lifetime, or who could have expected to receive support in the future, must establish the relationship of support and their losses. Claims for non-pecuniary damages may also be assessed separately depending on the circumstances of the case.

2. Property Damage in Traffic Accidents

Direct damage to the vehicle or other property resulting from the accident may give rise to a compensation claim, subject to the conditions of fault and liability.

  • Vehicle repair costs: The reasonable costs of repairing or replacing damaged parts may be claimed.
  • Diminished value: The reduction in the repaired vehicle’s second-hand market value caused by the accident is a separate head of damage where the relevant conditions are met.
  • Loss of use: Provable loss resulting from the vehicle being unavailable during a reasonable repair period may be claimed from the liable parties. Having rented a replacement vehicle is not required in every case; however, whether loss of use and rental costs fall within the scope of compulsory traffic insurance must be examined separately.
  • Total loss: Where repair is not economical, the vehicle’s market value on the date of the accident, its salvage value and any payments already made are assessed together.
  • Other property damage: Items damaged in the accident, as well as reasonable towing, parking and similar costs connected with the accident, may be claimed on the basis of supporting documents.

Scope of Compulsory Traffic Insurance

Compulsory traffic insurance covers the operator’s civil liability towards third parties within the policy limits and General Conditions in force on the date of the accident. Insurance coverage differs for property damage, permanent disability and loss-of-support claims.

For the cost of healthcare services resulting from traffic accidents, special provisions on the liability of the Social Security Institution apply under Article 98 of the Highway Traffic Act No. 2918 (Karayolları Trafik Kanunu). Non-pecuniary damages and indirect losses such as loss of income, loss of profit, business interruption and loss of rent are excluded from cover under the General Conditions of compulsory traffic insurance. For these losses, the possibility of pursuing the driver, the operator or other liable parties may be assessed separately depending on the case.

The fact that a loss exceeds the policy limit or is not covered by the insurance does not in itself eliminate the civil liability of other liable parties. Comprehensive motor insurance (kasko) may also provide separate cover under its own contractual terms.

Documenting and Calculating Losses

For compensation to be calculated correctly, the existence and amount of the loss and its connection with the traffic accident must be established with concrete documents.

  • The accident report, law enforcement documents, the fault assessment and footage of the accident scene
  • Hospital records, discharge summaries, prescriptions, medical board reports and treatment documents
  • Proof of income, employment records and records relating to the period of incapacity
  • The loss adjuster’s report, service records, repair invoices and market value research for the vehicle
  • Invoices for care, transport, towing, parking and other expenses
  • The application to the insurance company, its response letter, and payment and release documents

3. Limitation Periods

Under Article 109 of the Highway Traffic Act, claims for pecuniary compensation arising from motor vehicle accidents become time-barred two years from the date on which the injured party learned of the damage and of the person liable to pay compensation, and in any event ten years from the date of the accident.

If the accident also constitutes a criminal offense for which criminal law provides a longer limitation period, that longer period may also apply to claims for pecuniary compensation. It is therefore incorrect to refer to a single eight-year period for bodily harm in every case.

When the limitation period starts, whether it has been interrupted and which period applies may vary from case to case. As an error in calculating the period may result in the loss of rights, it is important to obtain a legal assessment without delay.

Application and Legal Process

For compensation claims covered by insurance, a written application should be made to the relevant insurance company together with the necessary documents. Records and documents showing that the application was delivered should be retained.

If the insurance company fails to respond within the statutory period, rejects the claim or pays only part of it, an application to the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) or litigation may be considered depending on the features of the case. The competent court, the mediation requirement and the application procedure may vary depending on the capacity of the parties and the nature of the claim.

In bodily injury cases, the course of recovery, the medical board report and the actuarial calculation may be decisive. Signing a comprehensive release before the medical situation is clear, or before examining the basis of the calculation, may lead to a loss of rights later on.

Conclusion: What Should You Do to Protect Your Rights?

Fully determining the property damage and bodily harm resulting from a traffic accident depends on gathering the right documents and choosing the appropriate avenue of recourse. Where necessary, you can obtain legal support from an attorney to assess your rights and obligations in your specific case.

  • Keep the accident report, footage of the scene and documents relating to fault.
  • Do not neglect medical check-ups; keep records of all examinations, treatment and reports.
  • Document any loss of income, care needs and expenses you have incurred.
  • Submit your application to the insurance company with complete documents and in a way that allows delivery to be proven.
  • In the event of partial payment or rejection, assess arbitration, mediation and litigation options in light of your specific case.
  • Act without delay so as not to miss limitation periods and other application deadlines.