To obtain traffic accident compensation in Turkey, the accident is first documented with an accident report and medical records, and a written application is then made to the compulsory traffic insurer of the vehicle at fault; if the company does not respond within 15 days or does not meet the claim, you may apply to the Insurance Arbitration Commission or to the court (Highway Traffic Act (KTK) Art. 97). Moral damages, however, are claimed not from compulsory traffic insurance but from the driver and the vehicle operator.
In this article, we cover the first steps after an accident, the application to the insurer, the Guarantee Fund, the differences between arbitration and court proceedings, the heads of damage, the limitation periods and the competent court. For the general principles of pecuniary and moral damages, see our compensation law page.
What are the first steps after an accident?
The steps taken at the scene form the evidence for the entire process that follows:
- If there is only material damage: If the parties agree, they may complete and sign the accident report (kaza tespit tutanağı) together without waiting for the police and leave the scene (KTK Art. 81). The report should fully include the accident sketch, the number plates, the driving licences and the insurance policy details.
- If there is death or injury: The police or gendarmerie are called, the report is drawn up by the law enforcement officers and the incident becomes subject to an investigation. Under KTK Art. 81 as amended in 2026, a driver who leaves the scene without the officers’ permission and without necessity faces an administrative fine and, in accidents involving death or injury, also a prison sentence (Law No. 7574).
- Preserve the evidence: Photograph the positions of the vehicles, the damage and the road; note the contact details of witnesses and the location of nearby cameras.
- Medical records: Emergency department records, discharge summaries, test results and reports should be kept. The cost of health services provided because of a traffic accident is covered by SGK (Social Security Institution), regardless of whether the victim has social security cover (KTK Art. 98).
The application usually requires the following documents: the accident report or police report, the driving licence and vehicle registration certificate, photographs of the damage, an expert assessment or repair invoice, medical and disability reports in the case of injury, and, in the case of death, civil registry records and a certificate of inheritance together with documents on the income of the deceased person who provided support.
Why is an application to the insurer mandatory?
Vehicle operators must take out compulsory motor third-party liability insurance (traffic insurance) for the damage they cause to third parties in an accident (KTK Art. 91). The injured party may direct the claim straight to the insurance company within the limits of this insurance; however, before filing a lawsuit or applying for arbitration, they must make a written application to the company (KTK Art. 97).
- If the company does not respond in writing within 15 days of the application, or if its response does not meet the claim, the injured party may file a lawsuit or apply to the Insurance Arbitration Commission.
- The insurer must pay the amount within the coverage limits within eight working days of the documents listed in the General Conditions being delivered to it (KTK Art. 99).
- According to the Court of Cassation, in lawsuits against the traffic insurer the precondition for bringing the case is the application under KTK Art. 97; these lawsuits are not additionally subject to mandatory mediation as a precondition (Court of Cassation, 4th Civil Chamber, 08.05.2024, 2023/12689 E., 2024/4378 K.).
The insurer’s liability is limited to the policy limits in force on the accident date. The driver at fault and the vehicle operator are liable for damage exceeding the limit; where several persons are liable, they are jointly and severally liable to the injured party (KTK Arts. 85 and 88).
What happens if the other vehicle was uninsured or fled?
In this case, the Guarantee Fund (Güvence Hesabı), established within the Insurance, Reinsurance and Pension Companies Association of Turkey, comes into play (Insurance Law No. 5684, Art. 14). Within the compulsory insurance coverage limits in force on the accident date, the Fund covers the following losses:
- Bodily injury losses caused by unidentified vehicles
- Bodily injury losses caused by uninsured vehicles
- Bodily injury losses in accidents involving a stolen or seized vehicle where the operator is not liable
- Material and bodily injury losses that an insurance company must pay where it goes bankrupt or its licences are revoked
Bodily injury losses are those arising from death and injury. In cases involving uninsured or unidentified vehicles, vehicle damage is not covered by the Guarantee Fund; with an uninsured vehicle, this damage is claimed from the driver and the operator. An application to the Fund can also be made through the Guarantee Fund’s website, and in a dispute with the Fund it is also possible to apply to the Insurance Arbitration Commission (Law No. 5684, Art. 30(1)).
Insurance Arbitration Commission or court?
In a dispute with an insurance company or the Guarantee Fund, there are two routes. The choice depends on who is being claimed against and for what:
| Insurance Arbitration Commission | Court | |
|---|---|---|
| Against whom | Only the insurance company or the Guarantee Fund | The insurer, the driver and the operator can be sued together |
| Precondition | Application to the insurer; rejection of the claim, partial payment or no response in time (Law No. 5684, Art. 30(13)) | The application under KTK Art. 97 for claims against the insurer |
| Moral damages | Cannot be claimed; excluded from traffic insurance | Can be claimed from the driver and the operator |
| Time for a decision | The arbitrator decides within 4 months of appointment (Art. 30(16)) | No statutory time limit; may take longer depending on expert examination |
| Remedy against the decision | Final below the monetary threshold; objection within 10 days above it; appeal against the objection decision in higher-value disputes (Art. 30(12)) | Appeal (istinaf) and appeal on points of law (temyiz) under the general rules |
| Risk of attorney’s fees | One fifth of the tariff fee for the rejected part (Art. 30(17)) | The full tariff fee |
If the dispute has been brought before a court, no application can be made to the Commission on the same matter (Art. 30(14)). The objection period runs from the notification of the arbitrator’s award by the Commission; enforcement of the award is suspended upon objection, and the objection panel decides within two months of receiving the case. As the monetary thresholds for finality, objection and appeal are updated every year, check the Commission’s current announcement before applying. An application fee is also payable.
Which heads of damage can be claimed?
| Head of damage | Claimed from | Legal basis |
|---|---|---|
| Vehicle damage (repair cost) | The traffic insurer (within the limit), the driver and the operator | KTK Arts. 85 and 91 |
| Diminished value of the vehicle | The traffic insurer (within the limit), the driver and the operator | KTK Arts. 90 and 92 |
| Medical expenses | As a rule covered by SGK; expenses not covered by SGK and care costs may be claimed separately | KTK Art. 98 |
| Permanent disability | The traffic insurer (within the limit), the driver and the operator | TBK Art. 54 |
| Loss of support | The traffic insurer (within the limit), the driver and the operator | TBK Art. 53 |
| Moral damages | The driver and the operator only | TBK Art. 56, KTK Art. 92 |
| Indirect losses such as loss of income, loss of profit and business interruption | The driver and the operator; excluded from traffic insurance | KTK Art. 92 |
Diminished value: In 2020, the Constitutional Court annulled the reference to the General Conditions for traffic insurance compensation (Constitutional Court, 17.07.2020, E.2019/40, K.2020/40). In the case law of the Court of Cassation, diminished value is determined by expert examination on the basis of the difference between the vehicle’s undamaged second-hand market value before the accident and its market value after repair, taking into account the vehicle’s age, mileage and the nature of the damage. The diminished value of vehicles that have been taken off the road or scrapped because of the damage is excluded from traffic insurance (KTK Art. 92).
Bodily injury losses: The law lists bodily injury losses as medical expenses, loss of earnings, losses arising from reduced or lost capacity to work, and losses arising from damage to economic prospects (TBK Art. 54). In permanent disability cases, the disability rate is determined by a medical board report from an authorised hospital; compensation is calculated by an actuarial expert on the basis of this rate, age and income data. In the case of death, funeral expenses and the losses of relatives deprived of the deceased’s support may be claimed (TBK Art. 53).
Moral damages: The judge may order payment of an appropriate amount of moral damages to a person whose bodily integrity has been harmed and, in the case of serious bodily injury or death, to their relatives (TBK Art. 56). Since claims for moral damages are excluded from traffic insurance (KTK Art. 92(f)), this claim is brought in court against the driver and the operator.
Fault: Claims corresponding to the injured party’s own fault are excluded from insurance coverage; the judge may reduce the compensation in proportion to the injured party’s fault (KTK Art. 92, TBK Art. 52). The degree of fault is determined from the accident report, camera footage and an expert report.
If the accident occurred while travelling to or from work in a vehicle provided by the employer, or while the employee had been sent outside the workplace on duty, it may also qualify as a work accident (Law No. 5510, Art. 13). In that case, rights against the employer also come into play; for details, see our employment law page.
What is the limitation period for traffic accident compensation?
Claims for compensation for material damage arising from motor vehicle accidents become time-barred two years from the date the injured party learned of the damage and the person liable and in any event ten years from the accident date (KTK Art. 109). A general limitation period with the same structure also applies to moral damages claims (TBK Art. 72).
If the accident constitutes an offence for which criminal law provides a longer limitation period for prosecution, that longer period also applies to compensation claims. For example, the limitation period for prosecuting negligent homicide is 15 years (Turkish Criminal Code (TCK) Arts. 85 and 66(1)(d)); in accidents involving injury, the period is determined according to the penalty for negligent injury in the specific case (TCK Arts. 89 and 66). If the limitation period is interrupted against the person liable, it is also interrupted against the insurer; a limitation period interrupted against the insurer is likewise deemed interrupted against the person liable (KTK Art. 109).
Which court hears the case in Ankara?
Venue: Lawsuits arising from motor vehicle accidents may be filed at the court where the insurer’s branch or the agency that issued the policy is located, or at the court of the place of the accident (KTK Art. 110). Lawsuits arising from torts may also be filed at the court of the injured party’s place of residence (Code of Civil Procedure (HMK) Art. 16) and, under the general rule, at the court of the defendant’s place of residence (HMK Art. 6). If the accident occurred in Ankara or the injured party lives in Ankara, the case may be filed in Ankara.
Subject-matter jurisdiction: In the case law of the Court of Cassation, lawsuits against insurance companies are treated as commercial cases because they are based on the insurance provisions of the Turkish Commercial Code, and are heard by the commercial court of first instance (asliye ticaret mahkemesi) (TTK Arts. 4(1)(a) and 5(1)). The Court of Cassation has ruled that, in bus or minibus accidents in which the deceased was a passenger, the commercial court is competent in loss-of-support claims brought against the carrier, the traffic insurer and other liable parties, whereas the consumer court is competent for the claims of a person injured as a passenger in a vehicle such as a bus (Court of Cassation, 4th Civil Chamber, 08.07.2025, 2025/5636 E., 2025/11567 K.). Lawsuits brought by an injured party who is not a merchant against the driver and the operator alone are, as a rule, heard by the civil court of first instance (asliye hukuk mahkemesi). Since the relationship between the commercial court and the civil court is one of subject-matter jurisdiction (TTK Art. 5(3)), a case filed with the wrong court may lead to a lack-of-jurisdiction decision and lost time.
In brief
The three factors that determine the outcome of a traffic accident compensation claim are the correct determination of the accident and fault, a timely application to the insurance company with complete documents, and directing the claim to the right route (arbitration or court) and the right defendant. Keeping track of the limitation periods from the accident date also prevents loss of rights. For an assessment specific to your file, you can contact our office.
