Q&A – Compensations Arising from Traffic Accidents Realized in Turkey Resulted in Death

14 Jul 2015


1) Is there a way to identify the insurer of the driver responsible for the accident, if you know the registration number of the vehicle?

We can identify and provide you the details of the insurer of the driver responsible for the accident shortly upon receiving the plate number and the date of the accident (day, month, year) from your side.

2) Who can file a case as a claim for material and moral damage?

People who indirectly effected due the death have right to claim for material and moral damage such as the victim’s relatives, mother, father, spouse, children, siblings, fiancé and the persons who are in the care of the victim.

3) To whom such claim should be raised?

The damages arising from the traffic accidents can be claimed from the driver or owner (if different) of the concerned car. Such claim can be made these people depending on their economic power, mistake level during the accident and other conditions. As an alternative, such claim can be made directly to the insurance company of the driver responsible for the concerned accident.

According to article 97 of Highway Traffic Law numbered 2918, aggrieved party can directly claim its compensation from the insurer company by the means of initiating a law suit against such insurance company within the determined limits of the compulsory liability insurance or by directly applying to the related insurance company without initiating any law suit. For the latter case, the insurance company shall render calculation through its experts and determine the loss amount. According to our previous experiences we can state that the insurance company makes the payment of the determined amount within one month to the client. In case the calculated amount shall be less than the amount determined by the client then the client shall apply to a legal expert and request the determination of the loss. Upon receiving such report of the legal expert, the client may opt to initiate a case (as explained above) or apply to the Insurance Arbitration Commission in order to request the payment of the missing amount. Considering our expertise in this specific area, we advise our clients to choose the second option, applying to Insurance Arbitration Commission since the finalization (ruling and appeal court process) of the case may take much more time and the judges of the courts may not have the specific knowledge of the insurance law while the arbitrators of the Commission are experts of insurance law. The disputes that are referred to the Commission will be settled by independent arbitrators within the time limits prescribed by law, unless parties make an agreement to extend such periods.