Guide to Pecuniary and Non-Pecuniary Damages After a Traffic Accident

Traffic accidents are events that our legal system assesses under "tort" (haksız fiil) liability and that leave victims with serious economic and psychological consequences. To avoid losing your rights after an accident, it is very important to understand every detail of the process, from the types of compensation to the technical calculation methods.

1. Legal Nature of a Traffic Accident Compensation Claim

A compensation claim arising from a traffic accident is filed to obtain redress for bodily harm (death, injury) or property damage caused in an accident involving at least one motor vehicle. These claims are based on Article 49 of the Turkish Code of Obligations and on Highway Traffic Law No. 2918.

Against Whom Can the Claim Be Filed?

• The Driver of the Vehicle: The person at fault in the accident.
• The Vehicle Owner and Operator: The person shown as owner in the traffic register is presumed to be the operator and is jointly and severally liable for the damage.
• The Insurance Company: The company that issued the vehicle's Compulsory Motor Liability Insurance (Traffic Insurance) or comprehensive (Kasko) policy.
• The Guarantee Account (Güvence Hesabı): The body to apply to for bodily harm caused by uninsured or unidentified vehicles.

2. Types and Scope of Compensation

A. Permanent and Temporary Incapacity (Disability) Compensation

This compensates for the reduction in a person's capacity to work resulting from injury to their physical integrity.

• Temporary Incapacity: Covers the period during which the person cannot work while undergoing treatment; for this period the disability rate is taken as 100% in the calculation.
• Permanent Incapacity: Where a permanent disability remains after treatment, this is the loss of earnings the person will suffer for the rest of their life. The disability rate must be determined by reports of the Forensic Medicine Institute (Adli Tıp Kurumu) or an authorised medical board.

B. Compensation for Loss of Support (Fatal Accidents)

This type of compensation is a special form of "consequential (reflected) loss" aimed at redressing the economic loss suffered by the people (spouse, children, parents, etc.) to whom the deceased actually and regularly provided financial support during their lifetime, because that support has ended.

• The Concept of Support: It is based not only on a legal obligation but on an actual relationship of care.
• Hypothetical Support: Where young children die, this compensation is awarded on the assumption that they would have supported their parents in the future.

C. Compensation for Vehicle Depreciation

This is the difference between the damaged vehicle's second-hand market value before the accident and its value after the accident, even if the vehicle has been repaired.

D. Non-Pecuniary (Moral) Damages

This is claimed to ease the pain, grief and distress suffered because of the accident. The court sets an amount in line with "equity", taking into account the parties' social and economic circumstances, their degrees of fault and the seriousness of the incident.

3. How Is Compensation Calculated? (Technical Details)

• Age and Working Life: A person is considered to be in their active working period between the ages of 18 and 65, and in their passive working period between 65 and 72.
• Income: Net income supported by official documents is used as the basis; if there are no documents, the calculation is made on the basis of the minimum wage.
• Life Tables: In calculating future life expectancy, the TRH-2010 or PMF tables are used together with a 1.65% discount rate.
• Fault and Deductions: The calculated amount is reduced in proportion to the victim's own fault. In addition, the capitalised value of benefits awarded by the Social Security Institution (SGK) is deducted from the compensation.

4. Special Cases: Foreign National Victims

Foreign nationals involved in accidents in Türkiye are also entitled to compensation. In this case, compensation should be calculated not on the basis of the minimum wage in Türkiye, but by taking into account the living standards and income documents of the victim in their own country.

5. Critical Deadlines and the Mandatory Application

• Requirement to Apply to the Insurer: Making a written application to the insurance company before filing a lawsuit is a legal requirement.
• Limitation Period: 2 years from learning of the damage and the person responsible, and in any event 10 years from the date of the accident. However, if the accident constitutes a crime, the longer criminal limitation periods (8 to 15 years) apply.

Frequently Asked Questions About the Traffic Accident Compensation Process

1. How long do I have to file a compensation claim after a traffic accident?
In traffic accidents, the limitation period is 2 years from the date the damage and the person responsible became known, and in any event 10 years from the date of the accident. However, if the accident constitutes a crime, the criminal limitation periods (between 8 and 15 years) apply.

2. What compensation can the relatives of a person killed in an accident claim?
In fatal accidents, relatives may claim funeral and burial expenses, medical expenses and compensation for loss of support. They also have the right to file a claim for non-pecuniary damages.

3. Can only the legal heirs receive compensation for "Loss of Support"?
No. Anyone who actually and regularly received financial support from the deceased during their lifetime may claim this compensation.

4. My car has been repaired but I think its market value has fallen. What should I do?
You can claim "Vehicle Depreciation" compensation. The insurance company is obliged to cover the difference between the vehicle's market value before the accident and its value after repair.

5. Can I receive compensation if I was also at fault in the accident?
Yes, but the amount of compensation you receive will be reduced in proportion to your fault.

6. Is it mandatory to apply to the insurance company before filing a compensation claim?
Yes. Under Highway Traffic Law No. 2918, making a written application to the relevant insurance company before filing a lawsuit is a legal requirement.

7. Can a foreign national involved in an accident in Türkiye receive compensation?
Yes, foreign nationals may also claim compensation for bodily harm. In calculating compensation, the victim's income documents and living standards in their own country should be taken as the basis.

8. How long does the insurance company have to pay?
Once all the necessary documents have been submitted, the insurer is obliged to pay the compensation within 8 working days.

9. Why is the victim's age important in determining the amount of compensation?
Compensation calculations are based on how much longer the victim could have worked and earned income (active and passive periods).

Note: Traffic accident compensation calculations are a technical process requiring actuarial expertise. To avoid losing your rights, it is important to obtain professional help from a lawyer.