Traffic Accident Lawyer in Ankara

Diminution in value may be claimed from the compulsory traffic insurer of the vehicle at fault; a claim may also be made against the driver at fault and against the operator where the statutory conditions of liability are met. For accidents in 2026, the property damage cover of compulsory traffic insurance is TRY 400,000 per vehicle, and repair costs and diminution in value share this cover. Exhausting the limit does not extinguish the remaining loss; that part may be claimed from the responsible driver and operator.

Since claims for replacement vehicle cost are excluded from cover under the general conditions of compulsory traffic insurance, the traffic insurer is, as a rule, not liable for such a claim; the claim is directed against the driver, owner or operator of the vehicle at fault. Compensation may be claimed by a party who was not 100 per cent at fault in the accident; there is no requirement to submit a document showing that a vehicle was rented.

The claimant does not have to be less at fault than the other party. For example, where the injured driver is found 75 per cent at fault and the other party 25 per cent at fault, the 25 per cent share of the determined diminution in value attributable to the other party may be claimed. However, where one’s own driver is responsible for the entire accident, no payment may be claimed from the other party’s compulsory traffic insurance.

Support is presumed for the deceased’s spouse, children, mother and father; other persons who received regular and actual support from the deceased during their lifetime must prove that support. The claim may be directed against the driver of the vehicle that caused the accident through their fault, the compulsory traffic insurer, the motor own-damage (kasko) insurer if there is a Voluntary Liability clause, the vehicle owner and the operator; non-pecuniary damages may also be claimed.

If the insurance company does not meet the claim in whole or in part, or does not respond in writing within 15 days of the application, an application may be made to the Insurance Arbitration Commission or an action may be brought, subject to the applicable conditions. The same claim cannot be pursued simultaneously before the court and the Insurance Arbitration Commission. For the litigation route, mandatory mediation as a precondition to litigation must be completed; prior mediation is not required for insurance arbitration.

Under Article 109 of the Highway Traffic Law, the limitation period for claims for pecuniary compensation is two years from the date on which the damage and the person liable for compensation became known and, in any event, ten years from the date of the accident. If the claim arises from an act for which criminal law provides a longer limitation period, that longer period applies. It is therefore incorrect to reach a conclusion simply by adding two years to the date of the accident.