Traffic Accident Compensation Lawsuit in Turkey: 2026 Guide

Traffic accidents are traumatic, but the legal aftermath in Turkey can be equally confusing for foreigners. Under Turkish Law, if you are not 100% at fault, you have the right to claim significant compensation from the other driver and their insurance company.

[!NOTE] 💡 Cultural Context: The “Insurance Arbitration” Shortcut

In Turkey, you do not always have to go to a slow State Court. There is a specialized “Insurance Arbitration Commission” (Sigorta Tahkim Komisyonu). Unlike courts that take 3-4 years, this Commission resolves disputes in 4-6 months. It is the “Fast Lane” for traffic compensation.

Key Steps Immediately After an Accident

1. The Accident Report (Kaza Tespit Tutanağı): Do NOT move the vehicles if there is an injury. Call the Traffic Police (155) or Gendarmerie (156). If “Material Damage Only”, fill out the paper form with the other driver.
2. Fault Ratio (Kusur Oranı): The insurance database (TRAMER) assigns fault (0%, 50%, or 100%). Everything depends on this ratio.

What Can You Claim?

1. Vehicle Value Loss (Araç Değer Kaybı)

Even if your car is repaired perfectly, it is now “accident-damaged” (has a Tramer record) and worth less when you sell it.

• Rule: You can claim the difference in market value from the at-fault party’s insurance.
• Limit: The car must usually be under a certain age/mileage limit for maximum payout.

2. Bodily Injury Compensation (Bedensel Zararlar)

If you suffered an injury, this is the most substantial part of the claim.

• Temporary Incapacity: Compensation for the days you could not work.
• Permanent Disability: If you have lasting damage (e.g., 5% loss of motion in an arm), an actuary calculates your lost future earnings until age 60/65.

⚖️ Legal Reference: Highways Traffic Law No. 2918, Art. 85 “The operator of a motor vehicle creates a danger… and is liable for the death, injury, or material damage caused.”

3. Moral Damages (Manevi Tazminat)

Compensation for the pain, shock, and suffering caused by the accident. This is usually claimed from the driver/owner personally, not just the mandatory traffic insurance.

The Process: Insurance First, Lawsuit Second

Turkish Law requires you to follow a specific order (KTK Art. 97):

1. Application to Insurer: You MUST write to the insurance company first. They have 15 days to reply.
2. Rejection/Partial Payment: If they pay too little (which they usually do), THEN you can file a lawsuit or go to the Arbitration Commission.

Conclusion

Insurance companies in Turkey often calculate compensation using their own (lower) metrics. Never accept the first offer without a lawyer reviewing the actuarial calculation.

[!IMPORTANT] Need Expert Legal Help?

Attorney Fevzi Yaskir specializes in Traffic Law and Insurance Arbitration. We manage the entire process—from Actuarial Calculation to Final Collection—to ensure you get every Lira you deserve.

• 📞 Phone: +90 554 192 47 20
• 💬 WhatsApp: Chat with us
• 📧 Email: fevziyaskir@gmail.com