Traffic accident injury compensation in Turkey: who can claim what, and by when?

What compensation can be claimed after a traffic accident?

Article 54 of the Turkish Code of Obligations (TBK) lists bodily injury losses under 4 heads: treatment costs, loss of earnings, losses arising from the reduction or loss of working capacity, and losses arising from the impairment of economic future. In addition to these heads, a person whose bodily integrity has been harmed may also claim non-pecuniary compensation (TBK Article 56).

The operator (işleten) of the vehicle is at the center of liability: under Article 85 of the Road Traffic Law (KTK), if the operation of a motor vehicle causes a person's death or injury, the operator, and where the vehicle is operated on behalf of an enterprise, the operator together with the owner of the enterprise, are jointly and severally liable. The operator is liable for the driver's fault as for its own fault; the driver's personal liability, as a rule, is based on fault (TBK Article 49).

The traffic accident compensation calculator can be used to see the approximate size of the loss; the exact amount is calculated on the basis of the reports and documents in the file.

What compensation can relatives claim after a fatal accident?

TBK Article 53 groups the losses arising from death under 3 heads: funeral costs; where death did not occur immediately, treatment costs and losses arising from the reduction or loss of working capacity; and the losses suffered, for that reason, by persons deprived of the deceased's support.

In loss-of-support compensation, the decisive factor is not blood relationship but the actual and regular assistance the deceased provided; the spouse, children and parents whose care the deceased had undertaken are the most common recipients of support. A guide to loss-of-support compensation is being prepared for a detailed explanation.

Does the claim go to the insurance company first, or to court?

Under KTK Article 97, for claims within the limits of compulsory traffic insurance, a written application must be made to the insurance company before resorting to litigation; if the company does not give a written response within 15 days at the latest from the date of the application, or if the response does not satisfy the claim, the injured party may file a lawsuit or apply to the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu).

The insurer is obliged to pay the amount within the coverage limits within 8 business days from the date on which the claimant delivers the documents specified in the general conditions to its head office or one of its offices (KTK Article 99).

For bodily injury suffered by persons in accidents involving a vehicle or insured that cannot be identified, uninsured vehicles, insurance companies that have gone bankrupt or whose licenses have been revoked, and stolen vehicles, an application may be made to the Guarantee Fund (Güvence Hesabı) (Insurance Law No. 5684, Article 14).

How is compensation calculated?

Under TBK Article 55, bodily injury losses and loss-of-support losses are calculated in accordance with statutory provisions and the principles of liability law; the calculated compensation cannot be increased or reduced on grounds of equity. Social security payments that cannot be recovered by recourse, in part or in full, and payments not intended as performance cannot be deducted from the loss.

Under the paragraphs added to TBK Article 55 by Law No. 7589, which entered into force on 31 July 2026, in compensation for loss of working capacity and loss of support, statutory interest runs on the amount for the period in which earnings are known from the date of the incident, and on the amount for the period in which earnings cannot be known from the date of the judgment. Payments made for the purpose of performance before the evidentiary stage (tahkikat) begins are set off proportionally against the compensation to be determined as of the payment date.

How is a lawsuit filed if the amount of the loss is not known?

The action for an undetermined receivable under Article 107 of the Code of Civil Procedure (HMK) was repealed by Law No. 7589, and the amendment entered into force on 31 July 2026. Instead, under the 4th paragraph added to HMK Article 109, where part of a receivable is sued for, the claim may be increased in the same action, once only and without being subject to the prohibition on expanding the claim, until the end of the evidentiary stage.

With this increase, the limitation period is deemed interrupted from the date the action was filed for the increased portion as well. Since the amount of a bodily injury loss often emerges only through the court-appointed expert's report, this rule is particularly important in traffic accident cases.

How does the fault ratio affect compensation?

Under TBK Article 52, if the injured party consented to the act causing the damage or contributed to the occurrence or aggravation of the damage, the judge may reduce the compensation or eliminate it entirely. For this reason, the allocation of fault directly determines how much of the calculated compensation will be paid.

The accident report (kaza tespit tutanağı) is an important piece of evidence in determining fault, but it is not binding on its own; in the event of a dispute, fault ratios are established through examination by a court-appointed expert. Since the operator is liable for the driver's fault as for its own fault, the driver's fault also affects the outcome of an action brought against the operator (KTK Article 85).

What is the time limit for filing a compensation lawsuit?

Under KTK Article 109, claims for pecuniary compensation arising from motor vehicle accidents are time-barred 2 years from the date on which the injured party learned of the damage and of the person liable for compensation, and in any event 10 years from the date of the accident. If the action arises from an act requiring punishment and the criminal law provides for a longer limitation period, that period also applies to claims for pecuniary compensation.

If the limitation period is interrupted against the person liable for compensation, it is also interrupted against the insurer; a limitation period interrupted with respect to the insurer is likewise deemed interrupted with respect to the person liable for compensation (KTK Article 109/3). In disputes where mediation is a precondition to filing suit, the limitation period is suspended from the application to the mediation office until the final minutes (Law No. 6325, Article 18/A-15).

Which court has subject-matter and territorial jurisdiction?

Under KTK Article 110, civil liability actions arising from motor vehicle accidents may be filed in the court of the place where the insurer's branch or the agency that concluded the insurance contract is located, or in the court of the place where the accident occurred; actions concerning damage caused by vehicles operated by the State or a public body are also heard by the ordinary courts (adli yargı). In tort actions, the court of the injured party's place of residence also has jurisdiction (HMK Article 16).

The competent court is determined by the defendants and the nature of the claim: the general rule is the civil court of first instance (asliye hukuk mahkemesi) (HMK Article 2); where the action qualifies as a commercial case, the commercial court of first instance (asliye ticaret mahkemesi) is competent (Article 5 of the Turkish Commercial Code, TTK). In commercial cases concerning a sum of money, applying to a mediator before filing suit is a precondition to the action (TTK Article 5/A); whether this precondition applies in an action against an insurance company is assessed according to the defendants and the claim.

Because Istanbul has more than one courthouse, the competent courthouse is determined by the judicial district to which the district where the accident occurred, or where the claimant lives, belongs; the same principle applies to Ankara.

What stages does the process involve, and which documents are needed?

As a rule, the process consists of 5 stages: gathering evidence, a written application to the insurance company, the company's decision to pay or reject, mediation where required, and finally arbitration or a lawsuit. The documents to be used in the application are listed in the general conditions of compulsory financial liability insurance.

Documents that stand out in practice are the accident report or incident scene report, medical records and discharge summaries (epikriz), the disability report, proof of income and, in the event of death, the certificate of inheritance and civil registry records. Submitting the documents in full is also important for the insurer's 8-business-day payment period to start (KTK Article 99).