Compensation and insurance claims

Who is liable after a traffic accident

If the operation of a motor vehicle kills or injures someone or damages property, the vehicle’s keeper (işleten: usually the registered owner, or a long-term hirer) is liable, jointly with any business under whose name it is run (Highway Traffic Act, KTK art. 3, 85). The keeper answers for the driver’s fault as for their own. The victim need not prove fault. The keeper escapes liability only by proving force majeure or the gross fault of the victim or a third party, and that the keeper was not at fault and the vehicle had no defect. The judge may reduce compensation for the victim’s own fault (art. 86).

• Two vehicles. In a collision between vehicles, a keeper recovers damage to their own car only by proving the other side’s fault or a vehicle defect (art. 89).
• Free lifts. A passenger carried free as a favour claims under the general rules (art. 87).
• State vehicles. The case still goes to the civil courts (art. 110).

Where the Act is silent, the tort rules of the Code of Obligations apply (KTK art. 90; TBK art. 49–56).

What the compulsory traffic policy pays

Every keeper must insure this liability (KTK art. 91). The policy (zorunlu mali sorumluluk sigortası, usually trafik sigortası) follows general conditions (Karayolları Motorlu Araçlar Zorunlu Mali Sorumluluk Sigortası Genel Şartları) and limits published in the Resmî Gazete (art. 93). The limits in force on the accident date apply (general conditions A.3); they change, so this page does not repeat them. The policy is valid only in Türkiye (A.4); a foreign-registered vehicle without insurance valid in Türkiye must buy a policy at the border (KTK art. 91).

Defences the insurer has against its policyholder cannot be raised against the victim (KTK art. 95). Voluntary liability cover above the compulsory limits follows the same rules on direct claims, defences and limitation (art. 100). If the vehicle is unidentified or uninsured, the Assurance Account (Güvence Hesabı) pays bodily injury up to the compulsory limits; it also pays if the insurer goes bankrupt or loses its licence (Insurance Law art. 14).

Claiming from the traffic insurer

1. Record the accident. Those involved must stop, leave the scene unchanged where traffic allows, show each other identity, licence, registration and policy details on request, and report to the police; where only property is damaged and all agree, a written report between them is enough (KTK art. 81). The traffic police prepare the accident report (trafik kaza tespit tutanağı, art. 83).
2. Apply in writing. Send the documents in Annex 6 of the general conditions to the head office or a branch of the at-fault vehicle’s insurer (KTK art. 97; general conditions B.2.1, C.7).
3. Loss adjuster’s report. Under policies concluded after 1 July 2026, the loss adjuster (sigorta eksperi) states the depreciation in the same report (A.5(a)).
4. Payment within eight working days of receiving the documents, or any further document the insurer is entitled to ask for (KTK art. 99; B.2.1). If the investigation is not finished within three months, the insurer must advance at least half (B.2.5).
5. Court or Commission. If there is no written answer within 15 days, or the answer does not meet the claim, you may sue or apply to the Insurance Arbitration Commission (KTK art. 97).

You may choose your own workshop. The insurer may then pay its contracted workshop’s price, but only if it told you so within two working days of the claim (B.2.2).

Vehicle damage: repair, depreciation and loss of use

Depreciation. Under policies concluded after 1 July 2026, a loss adjuster appointed under the regulator’s rules assesses depreciation from the car’s make, age, model, wear, damaged parts and earlier damage, comparing its second-hand value before the accident with its value after repair. A claim for vehicle damage also counts as a claim for depreciation. The insurer must notify the figure in writing, or by e-mail, text message or similar means, by the end of the business day after it receives the final report (general conditions A.2(j), A.5(a)). Older policies follow the conditions in force when they were concluded (C.11).

Loss of use and lost earnings. The policy excludes indirect losses “such as” lost income, lost profit, business interruption and loss of rent (KTK art. 92(k)), so the policy does not pay a taxi’s or lorry’s lost earnings. The legislation does not settle whether the cost of a replacement car (araç mahrumiyet bedeli) is an indirect loss. Either way, the keeper and driver remain liable (KTK art. 85, 90; TBK art. 49). The claimant proves the loss, for example with hire invoices or earnings records; if the exact amount cannot be proved, the judge sets it on equitable grounds (TBK art. 50).

Repair-cost difference (araç hasar farkı)

The insurer owes the real cost of repair, within the limit. An original part that cannot be repaired is replaced with an original part. A reusable or equivalent part may be fitted only with the owner’s consent or where no original part can be obtained, which the insurer must prove. Any rise in the car’s value cannot be deducted (general conditions B.2.1). A car beyond repair whose repair would cost more than its value is a total loss, paid only against the scrapping record; a heavily damaged car is paid only against the registration document stamped “withdrawn from traffic” (B.2.3).

Whatever the insurer does not pay, because it disputes the amount or the loss exceeds the limit, is claimed from the keeper and the driver (KTK art. 85, 88). A clearly inadequate settlement can be annulled within two years of signing (art. 111).

Accidents with material damage only (maddi hasarlı trafik kazası)

• No police needed if all agree. Where only property is damaged and everyone agrees, the parties may record the accident in writing between themselves and leave (KTK art. 81). If they agree and no other offence is involved, there is no prosecution (art. 83).
• Move the cars, but do not leave. The policyholder must move the car to a safe place to prepare the report (general conditions B.1(e)). Leaving the scene, or skipping the report or an alcohol test, lets the insurer recover from its own policyholder, unless the driver left for safety or treatment (B.4(f)).
• Fault decides who pays. Running a red light, hitting a car from behind, entering against a no-entry sign or ignoring priority at a junction counts as primary fault (asli kusur, KTK art. 84).

A worked example (hypothetical). Two cars collide in November 2026, and fault is apportioned 75% to driver A and 25% to driver B. B’s repairs cost 200,000 TL, and the loss adjuster puts the depreciation at 40,000 TL. A’s traffic insurer pays B’s loss less the share matching B’s own fault (KTK art. 92(g)): 75% × (200,000 + 40,000) = 180,000 TL, if that is within the limit in force on the accident date. Any excess over the limit, reduced in the same way, is claimed from A and A’s keeper (KTK art. 85, 89; TBK art. 52).

Injury and permanent disability (kalıcı sakatlık)

The losses from bodily injury are treatment costs, lost earnings, loss or reduction of working capacity, and harm to economic prospects (TBK art. 54). The compulsory policy pays carer costs, temporary incapacity and permanent disability (general conditions A.5(b)–(c)). The disability rate (maluliyet oranı), the incapacity period and the need for a carer are established by a medical board report (kurul raporu) under the 2019 disability-assessment regulations (A.2(i), A.5(c)).

Compensation is calculated under the Code of Obligations. Social-security payments that cannot be recovered from the person liable are not deducted, and the amount may not be raised or reduced on equitable grounds (TBK art. 55). If the full extent of the injury is unknown at judgment, the judge may reserve the right to amend the judgment for two years (art. 75).

Death: loss of support (destekten yoksun kalma)

After a death, the losses include funeral costs, the costs of treatment and the loss of working capacity if death was not immediate, and the loss suffered by those the deceased supported (TBK art. 53). Loss of support is covered by the compulsory policy (general conditions A.5(ç)), except the share matching the deceased’s own fault (KTK art. 92(j)). The insurer asks for a certificate of inheritance or other proof of support (Annex 6; see inheritance).

Non-pecuniary damages (manevi tazminat)

The judge may order a sum for non-pecuniary loss to be paid to an injured person and, after a severe injury or a death, to the relatives (TBK art. 56). The compulsory policy does not pay it (KTK art. 92(f)); the claim lies against the driver and the keeper. The civil judge is bound neither by an acquittal in the criminal case nor by the criminal court’s view of fault (TBK art. 74).

Interest, partial claims, court and mediation

For accidents after Law 7589 came into force on 31 July 2026 (transitional art. 1), two rules apply to compensation for lost working capacity and loss of support:

• statutory interest runs from the accident date on the part covering the period with known earnings, and from the judgment date on the rest;
• payments made before the evidence stage (tahkikat) begins are deducted in proportion (TBK art. 55).

Otherwise, the person liable is in default from the date of the act (TBK art. 117). The statutory interest calculator counts each rate period separately.

A new claim can no longer be filed as an unquantified claim (belirsiz alacak davası; HMK art. 107, repealed on 31 July 2026). Instead, a partial claim (kısmi dava) may be increased once, until the end of the evidence stage, with limitation for the increase interrupted from the filing date (HMK art. 109). If evidence may be lost, for example before a repair, the court can order an inspection or expert examination before any suit is filed (art. 400–401).

Court and mediation. A traffic claim may be filed where the insurer’s branch or the issuing agency is, or where the accident happened (KTK art. 110); in tort cases, also at the claimant’s domicile (HMK art. 16). Disputes under the insurance provisions of the Commercial Code are commercial cases (TTK art. 4), and a claim for money in a commercial case needs mediation first, which may last up to six weeks, extendable by two (art. 5/A). Limitation does not run during mediation (Mediation Law art. 18/A).

The Insurance Arbitration Commission (Sigorta Tahkim Komisyonu)

The Commission resolves disputes between insurers and policyholders or others benefiting from a policy, and claims against the Assurance Account. It hears cases against insurers that have joined the system and, for compulsory insurance such as the traffic policy, against any insurer (Insurance Law art. 30/1).

• Apply to the insurer first and show a full or partial refusal, or no written answer within 15 working days (art. 30/13).
• One forum at a time. A dispute already before a court or a consumer arbitration committee cannot also be brought to the Commission (art. 30/14).
• Procedure. Rapporteurs examine the file within 15 days; if they cannot resolve it, an arbitrator, or a panel of at least three in larger disputes, decides on the documents within four months of appointment (art. 30/15–16). An application fee is charged (art. 30/12).
• Review. Decisions in small disputes are final. Above a set amount, a party may object once within 10 days, which suspends enforcement; above a higher amount, the decision on the objection can be appealed (art. 30/12). The amounts may be raised in line with producer prices (art. 30/22), so they are not repeated here.

Kasko disputes (kasko uyuşmazlıkları)

Kasko insures your own vehicle against collision, other accidents, malicious damage, fire and theft, whoever was at fault (kasko general conditions A.1). It pays up to the car’s market value (rayiç değer) on the date of loss (3.3.1.1), less any deductible printed on the policy (A.6). Damage while the car is driven without the required licence, or over the alcohol limit, is excluded (A.5).

• The insurer must prove that an exclusion applies (TTK art. 1409).
• Late notice of the loss reduces the payment only if it increased the loss (art. 1446).
• Payment falls due when the investigation ends, and at the latest 45 days after notice; after three months the insurer must advance at least half (art. 1427).
• After paying, the insurer takes over your claim against the party at fault; you keep the claim for what it did not pay (art. 1472).
• Claims are time-barred two years after they fall due, at most six years after the loss (art. 1420).

Disputes can go to the Insurance Arbitration Commission. A consumer sues in the consumer court after mediation; below a yearly threshold, the consumer arbitration committee decides (TKHK art. 3, 68, 73, 73/A).

Life insurance payouts (hayat sigortası)

• Payment falls due when the investigation ends, and at the latest 15 days after notice of the death (TTK art. 1427).
• Inaccurate answers. After five years, counting renewals, the insurer cannot withdraw for an inaccurate statement at the outset, unless it was deliberate or the true risk lies outside the insurer’s technical limits; it may only claim the premium difference (art. 1498). A negligent non-disclosure found after the death reduces the payment by the degree of negligence, if it could have affected the risk (art. 1439).
• Suicide. After three years the insurer pays; before that, only if the suicide resulted from a mental disorder (art. 1503).
• A beneficiary who killed the insured loses the sum, which goes to the heirs (art. 1504).

Disputes can go to the Insurance Arbitration Commission or to court (Insurance Law art. 30; TTK art. 1420).

Compensation for wrongful detention (haksız tutuklama)

A person may claim pecuniary and non-pecuniary damages from the State if, among other grounds, they were arrested or detained unlawfully, not brought before a judge in time, not told their rights, lawfully detained and then acquitted or not prosecuted, held longer than their sentence, or deprived of property seized unlawfully or not returned in time (Criminal Procedure Code, CMK art. 141).

A decision to acquit or not to prosecute must state the right to compensation (art. 141). There is no right to compensation where the case ended through amnesty, withdrawal of the complaint or conciliation, or where the person caused the detention by a false confession (art. 144). See also criminal law.

A worked example (hypothetical). An acquittal after pre-trial detention becomes final on 1 March 2027, and the former defendant is notified of finality on 10 May 2027. The claim must reach the Compensation Commission by 10 August 2027, three months after notification, and in no case later than 1 March 2028, one year after finality (CMK art. 142; Law 6384 art. 5/B).

Deadlines in one place

Mistakes that cost claimants

• Suing the traffic insurer without applying first. You must first apply in writing and allow 15 days for an answer (KTK art. 97).
• Claiming non-pecuniary damages or lost profit from the traffic insurer. The policy excludes both; claim them from the driver and the keeper (KTK art. 92).
• Signing a low settlement. It can be annulled if clearly inadequate, but only within two years (KTK art. 111).
• Repairing before the evidence is secured. If the damage is disputed, ask the court for an inspection first (HMK art. 400–401).
• Waiting for the criminal case. The civil judge is not bound by an acquittal (TBK art. 74), and limitation keeps running (KTK art. 109).
• Counting the detention deadline wrongly. Three months run from notice of finality, but the one-year limit runs from finality itself (CMK art. 142).

Documents to prepare

• The police accident report or the report the parties signed; witness statements; photos and video of the vehicles and the scene (general conditions, Annex 6).
• Your vehicle’s registration document, and the other vehicle’s plate and policy details (KTK art. 81).
• The loss adjuster’s report (Annex 6), and repair or hire invoices to prove the loss (TBK art. 50).
• For injury: the medical board report, discharge summary (epikriz), forensic report, treatment records, proof of income, the social-security service record (SGK hizmet dökümü) and consent to the processing of health data (Annex 6).
• For a death: the death certificate and autopsy report, proof of support such as a certificate of inheritance, a population register extract and the deceased’s income records (Annex 6).
• Identity documents and bank details (IBAN); foreign nationals add the official record of entry into Türkiye (Annex 6).
• For detention: the final decision and proof of when you were notified of its finality (CMK art. 142).
• A power of attorney if someone will act for you (giving one from the UK).