If you are involved in a car accident in Turkey, the first and most crucial step is to obtain an official accident report from the police. If you are unable to request this yourself, your lawyer must determine the accident location and obtain the report on your behalf.

The accident report plays a critical role in assessing the negligence level, which directly impacts the compensation amount. However, it is important to note that being a victim of a car accident does not automatically guarantee compensation.

Key Factors in Compensation Claims

There are two major factors in determining compensation:

1. Negligence and Degree of Fault

Negligence is a primary factor in determining liability. The degree of fault assigned to each party influences whether a victim is eligible for compensation and how much they can claim.

2. Extent of Damage and Injury Severity

• If the accident results in an injury, the severity of the disability must be documented.
• Hospital reports alone are not sufficient; they only confirm medical treatment history and operations undergone.
• A forensic hospital report is required to legally prove the severity of an injury and support a compensation claim.

Forensic Medical Reports: A Legal Requirement

For compensation claims, a forensic hospital report is considered the sole valid proof of injury severity under Turkish law.

• In major Turkish cities, private forensic hospitals provide these reports.
• The cost of obtaining a forensic hospital report in Turkey is approximately $300–500 USD.
• Foreign forensic hospital reports may also be used, but they must indicate the severity of injury as a percentage.
• Many forensic institutions abroad do not include injury percentage evaluations, making it difficult to use them in Turkish courts.

For this reason, we strongly advise victims to obtain forensic reports from Turkish forensic hospitals for a smooth legal process.

Types of Compensation: Material & Moral Damages

Compensation claims following a traffic accident in Turkey can be categorized as:

1. Material Damages

These include:

• Medical expenses
• Loss of income due to injury
• Property damage (e.g., vehicle repair costs)
• Compensation for disability or permanent injury

2. Moral Damages

These include:

• Emotional distress
• Psychological suffering
• Loss of quality of life

Who Is Liable for Compensation?

Compensation can be claimed against:

1. The at-fault driver (defacer)
2. The insurance company of the at-fault driver

Since all vehicles in Turkey are required to have compulsory traffic insurance, victims can file compensation claims with the insurance company of the at-fault driver. However, in some cases, the at-fault driver may lack sufficient financial resources to cover compensation, making insurance claims the most reliable option.

How to Claim Compensation from an Insurance Company?

Victims can file a compensation claim directly with the insurance company. However, insurance companies frequently reject claims, requiring victims to pursue legal action.

There are two main legal avenues for enforcing compensation claims:

1. Filing a lawsuit in court
2. Applying for insurance arbitration

Insurance Arbitration vs. Court Lawsuits

Insurance Arbitration (Quick & Efficient)

• Faster process than a court case
• A decision is typically made within 4 months
• However, moral damages cannot be claimed through arbitration

Filing a Court Case (Comprehensive Compensation)

• Court proceedings take a minimum of 1 year and up to 3 years
• Courts allow claims for both material and moral damages
• If a forensic report with a percentage-based injury assessment is unavailable, filing a lawsuit is the better option

Conclusion

If you are involved in a traffic accident in Turkey, obtaining a police accident report and a forensic medical assessment is crucial for claiming compensation. Victims can seek damages from the at-fault driver or their insurance provider. While insurance arbitration offers a faster resolution, it does not cover moral damages, making court lawsuits the best option for full compensation.

For legal guidance and assistance in filing a compensation claim, contact an experienced traffic accident lawyer in Turkey.