Traffic Accident Compensation Lawyer
A traffic accident compensation lawyer provides legal support in the process of claiming material and moral damages arising from traffic accidents with injuries, deaths or material damage. In traffic accidents, not only vehicle damage; Treatment expenses, incapacity damage, compensation for loss of support, loss of vehicle value and moral compensation may also come to the fore.
In Istanbul, compensation claims arising from traffic accidents are frequent due to traffic density, commercial vehicle use and mobility of urban transportation. For this reason, it is important to preserve the evidence after the accident, evaluate the fault rate correctly and complete the insurance application.
What is Traffic Accident Compensation?
Traffic accident compensation is the claim from those responsible for the material or moral damages suffered by the person injured in the accident. These damages may include losses to the vehicle, body or person's economic situation due to the accident.
The compensation claim is determined according to the way the accident occurred, the rate of fault, the type of damage and the insurance coverage. Not every traffic accident results in the same compensation items.
What Does a Traffic Accident Compensation Lawyer Do?
The traffic accident compensation lawyer examines the accident report, fault rate, medical reports, insurance policy, vehicle damage file and other evidence. It then determines which compensation items can be claimed.
The lawyer provides legal support during the application to the insurance company, the Insurance Arbitration Commission process, filing a lawsuit, objecting to expert reports and collecting compensation. Missing documentation or incorrect calculations may reduce the amount of compensation that can be received.
What Compensation Can Be Claimed in a Traffic Accident?
Compensations that can be claimed after a traffic accident vary depending on the outcome of the accident. Different compensation items may come to the fore in accidents involving injury, death or material damage.
| Compensation Type | Explanation |
|---|---|
| Vehicle damage cost | Covers vehicle repair costs. |
| Vehicle value loss | It is the decrease in the second-hand value of the vehicle after the accident. |
| Treatment expenses | These are medical expenses incurred due to an accident. |
| Temporary incapacity for work | It is the loss caused by not being able to work during the recovery period. |
| Permanent incapacity for work | It is the loss of earnings due to permanent disability. |
| lack of support | It is the loss of support from relatives in case of death. |
| moral compensation | It is claimed for the pain, sadness and wear and tear experienced due to the accident. |
Traffic Accident Compensation with Material Damage
In traffic accidents with material damage, vehicle repair costs, loss of value and vehicle deprivation damage may come to the fore. Repairing the vehicle does not eliminate the loss of value claim.
In such files, accident report, service invoice, expert report, damage photographs and insurance records are important. The fault rate also directly affects the amount of compensation.
Injury Traffic Accident Compensation
In case of traffic accidents involving injuries, treatment expenses, temporary disability, permanent disability and non-pecuniary compensation may be claimed. The severity of the injury, recovery time and whether there is permanent damage are decisive in the amount of compensation.
Hospital records, judicial report, disability report, income documents and expert calculations are important in these files. In accordance with Article 56 of the Turkish Code of Obligations, an appropriate non-pecuniary compensation may be awarded in case of damage to physical integrity.
Fatal Traffic Accident Compensation
In cases of fatal traffic accidents, relatives of the deceased who are deprived of support may claim compensation for loss of support. This compensation aims to compensate for the economic loss of those whom the deceased supported during his or her health or is expected to support in the future.
In addition, relatives of the deceased may also request non-pecuniary compensation depending on the severity of the incident. Article 56 of the Turkish Code of Commerce stipulates that in case of serious bodily harm or death, non-pecuniary compensation may be paid to the relatives of the injured or deceased.
Vehicle Value Loss Compensation
Vehicle value loss is the decrease in the second-hand market value of a vehicle that has been repaired after an accident. Even if the vehicle is repaired perfectly, its market value may decrease due to its accident record.
When calculating the loss of value, the vehicle's age, mileage, damage history, repaired parts and the fault rate in the accident are taken into account. If the payment made by the insurance company is incomplete, litigation or arbitration may be considered.
Temporary Disability Compensation
Temporary disability compensation is intended to cover the loss of income suffered by the injured person due to his or her inability to work during the recovery period. This damage may cover the period from the date of the accident to the date the person is able to work.
Hospital reports, sickness certificates, income records and SSI documents are important in this compensation item. The calculation is made according to the person's income level and recovery period.
Permanent Work Disability Compensation
Permanent disability is the permanent partial or complete loss of working capacity of a person as a result of a traffic accident. In this case, loss of future income may be subject to compensation.
Disability rate, age, occupation, income status and fault rate are taken into account in the compensation calculation. In such files, the medical board report and actuarial calculation are of great importance.
Compensation for Loss of Support
Compensation for loss of support is the financial compensation that can be claimed by people who were deprived of the support of the person who died in a traffic accident. Spouse, child, mother, father or actual support recipients may make a request depending on the concrete case.
In this compensation calculation, the age, income, support period, age of relatives and fault rate of the deceased are taken into account. The calculation is usually made with an expert report.
Non-pecuniary Compensation
The person injured in a traffic accident or his/her relatives in fatal accidents may claim non-pecuniary compensation. Non-pecuniary compensation aims to relieve the pain, suffering, sadness and psychological wear experienced to some extent.
When determining the amount of non-pecuniary damages, the court takes into account the severity of the incident, the fault rate of the parties, the effect of the damage and the criteria of equity. The amount of non-pecuniary damages is evaluated differently in each case.
Fault Rate in Traffic Accidents
Fault rate is one of the most important factors in traffic accident compensation. The amount of compensation to be claimed is determined according to the parties' fault in the accident.
As a rule, the person who is completely at fault cannot claim compensation from the other party. The party that is less at fault may request compensation based on the proportion of fault.
Can the Fault Rate be Objected?
The fault rate in the accident report is not always exact. If an incorrect evaluation has been made, it is possible to object to the fault rate.
Camera recordings, witness statements, crime scene photographs, traffic signs, road condition and expert examination may be effective in re-evaluating the fault rate. Changing the fault rate may also change the amount of compensation.
Is it mandatory to apply to the insurance company?
If compensation is to be requested from the insurance company due to a traffic accident, a written application must be made to the insurance company before litigation or arbitration. According to Article 97 of the Turkish Commercial Code, if the insurance company does not respond to the application within 15 days or does not meet the request for a response, a lawsuit or arbitration may be brought to the agenda.
Documents such as accident report, policy information, damage documents, health reports, expert report and bank information must be submitted in the application. Incomplete application may cause the process to take longer.
Insurance Arbitration Commission Application
Insurance Arbitration Commission is an alternative to litigation in traffic accident compensation. It may be possible to obtain faster results, especially in claims made against the insurance company.
In order to apply for arbitration, an application must first be made to the insurance company. If the insurance company's response is insufficient or is not responded to in a timely manner, an arbitration process may be initiated.
In which Court is the Traffic Accident Compensation Case Filed?
The competent court in traffic accident compensation cases may vary depending on the nature of the request and the parties. It is possible to file a lawsuit against the insurance company, vehicle operator, driver or vehicle owner.
In which courthouse in Istanbul the case will be filed; It can be determined according to the place where the accident occurred, the address of the defendant, the headquarters of the insurance company and other jurisdiction rules. For this reason, the responsible and competent authority must be determined correctly before the lawsuit.
How Long Does a Traffic Accident Compensation Case Take?
Duration of the case; It varies depending on the intensity of the court, expert report, fault examination, medical reports and objections of the parties. While cases with simple material damage may take less time, cases involving injuries and deaths may take longer.
Due to the density of files in the courthouses in Istanbul, the duration may vary for each file. Preparing complete documents helps the process proceed more smoothly.
Statute of Limitations for Traffic Accidents
Limitation periods should be followed carefully in compensation claims arising from traffic accidents. According to Article 109 of the Turkish Commercial Code, claims for material damage become barred within 2 years from the date of learning of the damage and the person liable for compensation, and in any case within 10 years from the date of the accident.
If the accident is also caused by an act that requires punishment and a longer limitation period is stipulated in the criminal law, this period may also come into question in terms of compensation claims. For this reason, the statute of limitations should be evaluated separately for each file.
Documents Required for Traffic Accident Compensation
In order to make a strong claim for compensation, documents must be prepared completely. Missing documents may lead to rejection of the insurance application or prolongation of the case.
| Document | Explanation |
|---|---|
| Accident report | It shows the way the accident occurred and the fault assessment. |
| License and policy information | Determines vehicle and insurance liability. |
| damage file | Shows vehicle damage and repair process. |
| Expert report | It is used in calculating value loss and damage. |
| hospital records | Shows the injury and treatment process. |
| forensic report | It is important in the legal evaluation of the injury. |
| Income documents | It is used to calculate incapacity and loss of support. |
| Camera and photos | It may help prove the incident. |
How to Calculate Compensation?
Car accident compensation calculation varies depending on the type of damage. Vehicle damage and loss of value can be determined by technical expertise, while bodily damages can be determined by disability and actuarial calculations.
In the calculation, the fault rate, income level, age, vehicle features, damage amount and insurance policy limit are taken into account. Incorrect calculation may result in underclaim of compensation.
What Happens If the Insurance Company Underpays?
If the insurance company underpays the compensation, legal proceedings may be initiated for the remaining damage. Underpayment; It may occur due to an incorrect fault rate, incorrect depreciation calculation, missing documentation or policy interpretation.
In this case, the payment receipt, insurance response, expert report and loss account should be evaluated together. If necessary, missing compensation can be claimed through litigation or arbitration.
Traffic Accident Compensation Process in Istanbul
Traffic accident compensation processes in Istanbul; It may be conducted in different courthouses or before the Insurance Arbitration Commission, depending on the accident location, the addresses of the parties, the headquarters of the insurance company and the nature of the file. Authority assessment in terms of the European Side and the Anatolian Side is made according to the concrete case.
Due to heavy traffic and high number of vehicles in Istanbul, it is important to preserve evidence quickly after an accident. Since camera recordings, witness information and damage photographs may be lost in a short time, early action should be taken.
Legal Support from Attorney Mehmet Emin Kurşun
Correct fault assessment, complete insurance application and accurate calculation of compensation items are of great importance in traffic accident compensation files. Incomplete application or incorrect claim may reduce the amount of compensation that can be received.
Attorney Mehmet Emin Kurşun provides legal support in traffic accident compensation, vehicle value loss, injury accident, fatal accident, disability compensation, loss of support and non-pecuniary compensation processes in Istanbul.
Things to Know Before Starting the Legal Process
Before claiming compensation after a traffic accident, the fault rate, insurance policy, damage documents and statute of limitations should be evaluated together. In particular, filing a lawsuit or arbitration without fulfilling the application requirement to the insurance company may lead to procedural problems.
For people who suffer material or moral damage due to a traffic accident in Istanbul, receiving legal support at the beginning of the process reduces the risk of loss of rights. Correctly prepared application and litigation strategy allows compensation to be claimed more effectively.
Frequently Asked Questions
What does a traffic accident compensation lawyer do?
Traffic accident compensation lawyer; It carries out the insurance application, arbitration and litigation processes by evaluating the fault rate, insurance policy, health reports and damage items.
What compensation is claimed in a traffic accident?
Vehicle damage, loss of vehicle value, treatment expenses, temporary incapacity, permanent incapacity, loss of support and moral compensation may be claimed.
Is it mandatory to apply to the insurance company?
Yes. If compensation is to be requested from the insurance company, a written application must be made to the insurance company before litigation or arbitration.
How many days does it take for the insurance company to respond?
Within the scope of Article 97 of the Turkish Commercial Code, if the insurance company does not respond to the application within 15 days or if the response does not meet the request, a lawsuit or arbitration may be initiated.
How long does a traffic accident compensation case take?
The duration of the case varies depending on the court density, expert reports, fault examination and the nature of the file. Arbitration may take less time in some cases.
Can a loss of value be claimed in a traffic accident?
Yes. Even if the vehicle is repaired, compensation for loss of value may be claimed if the second-hand market value has decreased.
Can moral compensation be obtained in a traffic accident with injuries?
Yes. If physical damage has occurred, moral compensation may be requested depending on the characteristics of the incident.
Who can claim compensation in a fatal traffic accident?
Relatives of the deceased who are deprived of support may claim compensation for loss of support. Relatives may also request non-pecuniary damages.
What is the statute of limitations for traffic accidents?
In general, 2 years are applied from the date of learning of the damage and the person responsible, and in any case, 10 years from the date of the accident. If the penalty statute of limitations is longer, this period may be evaluated separately.
Why is traffic accident compensation lawyer support in Istanbul important?
Traffic accident files in Istanbul contain intense evidence and insurance processes. The fault rate, correct execution of the insurance application, arbitration and litigation stages can affect the amount of compensation.
