Compensation Law · Schadensersatz
Traffic Accident Compensation in Turkey — We Handle It from Germany
You were involved in an accident while on holiday or visiting family in Turkey and had to return to Germany. We gather the evidence, file the insurance claims, bring your lawsuit and recover all of your pecuniary and non-pecuniary damages — by power of attorney, without you having to travel.
Which types of compensation can you claim?
Under the Turkish Code of Obligations and the Highway Traffic Act, an accident victim may claim compensation under three main heads:
| Type | Scope |
|---|---|
| Pecuniary damages | Treatment and hospital costs · permanent incapacity (disability) · temporary incapacity · carer expenses · impairment of future economic prospects · transport, medication and incidental expenses |
| Non-pecuniary damages (pain and suffering) | The pain and suffering caused by bodily harm · in case of death, the grief and distress of relatives · aesthetic losses and psychological trauma |
| Vehicle damage | Cost of repair (based on an expert report) · diminished value · loss-of-use (replacement vehicle) costs |
Managing evidence in the first hours after the accident
The success of the case depends directly on the evidence gathered. At the moment of the accident and immediately afterwards:
- Have the accident report (kaza tespit tutanağı) drawn up in full and obtain a copy,
- Request the fault report (from the traffic police / court expert),
- Take photographs of the accident scene,
- If there is injury, obtain a medical report from a fully equipped hospital without delay,
- Record the details of witnesses,
- Open an insurance claim file (compulsory MTPL and, if any, comprehensive motor insurance).
Fault report and disability report
Fault report: A traffic court expert appointed by the court determines the parties' degrees of fault as percentages; compensation is calculated in proportion to the other party's fault. If the report is drawn up against you, you have the right to object — technical and legal support is essential at this stage.
Disability (permanent incapacity) report: In case of bodily harm, your permanent disability rate is established by a board report from the Forensic Medicine Institute (Adli Tıp) or from university hospitals. This rate forms the basis for the actuarial expert's calculation of compensation. We take on the translation of your treatment documents from Germany and the coordination of the Forensic Medicine (Adli Tıp) process.
The insurance process: MTPL and the Guarantee Fund
Compulsory motor third-party liability insurance (Turkish MTPL), which is mandatory for every vehicle in Turkey, covers your loss within certain limits in proportion to the other party's fault. Insurers generally tend to pay the lowest amount: if, within 15 days of the application, a negative response is received or an insufficient payment is made, the way to litigation opens. We conduct the negotiation and bring proceedings against underpayment.
If the other vehicle has no insurance, if the driver has fled, or if the vehicle is stolen, the loss may be recovered within certain limits by applying to the Guarantee Fund (Güvence Hesabı).
Mind the limitation periods
- General statute of limitations: 2 years from the date on which the loss and the responsible party became known, and in any event 10 years from the date of the accident.
- Criminal statute of limitations: if the accident also constitutes an offence (e.g. negligent injury), the longer criminal statute of limitations applies — which may generally extend up to 8 years.
- Non-pecuniary damages: subject to the general rules (2 years / 10 years).
Rechtsschutzversicherung: your German legal expenses insurance
Check the abroad — and in particular Turkey — coverage of your German legal expenses insurance (Rechtsschutzversicherung). Some policies cover lawyers' fees, court costs and expert expenses in cross-border disputes. By taking over the correspondence with your insurer, we help you clarify the scope of cover.
FAQ
Frequently asked questions about traffic accident compensation
I returned to Germany after the accident. Can I still bring a claim?
Yes. By power of attorney we represent you in Turkey, gather the evidence and file your lawsuit. Your treatment documents from Germany are translated and submitted to the file; you do not need to come to Turkey.
How long does the case take?
Depending on the scope of the file, the time required for the Forensic Medicine Institute (Adli Tıp) report and the court's caseload, generally 12 to 24 months. If a settlement is reached with the insurer, the process can be concluded far more quickly.
Does my German health insurance cover treatment in Turkey?
It depends on the abroad coverage of your Gesetzliche or private Krankenversicherung; emergency treatment is generally partly covered. The Turkish MTPL is also obliged to cover treatment costs up to a certain limit — we ensure the coordination of the two sources.
How is the amount of non-pecuniary damages determined?
It is determined in the light of precedent decisions of the Court of Cassation (Yargıtay), taking into account the gravity of the incident, the situation of fault, the parties' social and economic circumstances, the degree of injury and the court's discretion.
What if the other party has no insurance or the driver fled?
An application is made to the Guarantee Fund (Güvence Hesabı). The Guarantee Fund covers, within certain limits, damage caused by uninsured vehicles, vehicles whose licence plate cannot be identified, and stolen vehicles.
The limitation period is running — let's start today
Send us your accident report and any medical reports; in a free initial consultation we will assess the heads of compensation you may claim and the way forward.
- Phone+90 536 089 76 94
- WhatsApp+90 536 089 76 94
- Email[[email protected]]