Traffic Accident Compensation in Turkey: Claims, Insurance Limits and Time Limits
People injured in a traffic accident in Turkey, and the relatives of those who lose their lives, may claim compensation for material and non-material damage from the driver, the vehicle owner and the compulsory traffic insurer. Compensation claims are subject to specific rules on application to the insurer, mandatory mediation, insurance limits and limitation periods, and the correct handling of each step has a direct effect on the amount recovered.
This guide explains who is liable in a traffic accident, the types of compensation that may be claimed, the current compulsory traffic insurance limits, the application to the insurer, mediation and the court process, how compensation is calculated, limitation periods and the points that foreign nationals and tourists involved in accidents in Turkey should consider.
In Brief: Traffic Accident Compensation in Turkey
- The driver, the vehicle owner (operator) and the compulsory traffic insurer are liable for damage caused by a motor vehicle.
- Treatment costs, loss of earning capacity (disability), loss of support in fatal accidents, vehicle damage and non-material damages may be claimed.
- For accidents on or after 1 January 2026, the compulsory traffic insurance limits for cars are TRY 3,600,000 per person for injury and death and TRY 400,000 per vehicle for property damage.
- A written application to the insurer is mandatory before filing a lawsuit or applying to arbitration.
- Mediation is mandatory before filing a lawsuit against the insurer.
- Claims are time-barred after two years from learning of the damage and the liable person, and in any event ten years from the accident; longer criminal limitation periods may apply in accidents involving injury or death.
Who Is Liable in a Traffic Accident?
Under the Highway Traffic Law No. 2918, the operator of a motor vehicle, generally the registered owner, is strictly liable for damage caused by the operation of the vehicle, together with the driver who caused the accident. The operator’s liability is covered by compulsory traffic insurance, and the injured party may claim directly from the insurer within the policy limits.
Damage exceeding the insurance limits may be claimed from the driver and the operator or, where available, from the voluntary extended liability insurance (İMM). Where the vehicle causing the accident is uninsured or cannot be identified, claims may be made to the Guarantee Fund (Güvence Hesabı) within the statutory limits.
Types of Compensation That May Be Claimed
Material Damages
- Treatment costs not covered by the Social Security Institution,
- Loss of earning capacity (permanent or temporary disability compensation),
- Loss of support for the relatives who depended on a person who died in the accident,
- Funeral expenses,
- Vehicle damage, loss of vehicle value and loss of use during repair.
Non-Material Damages
The injured person and, in fatal or serious injury accidents, close relatives may claim non-material damages for pain and suffering. Non-material damages are not covered by compulsory traffic insurance; they are claimed from the driver and the operator, or from voluntary extended liability insurance if its policy covers them. The amount is determined by the court, taking into account the severity of the injury, the degree of fault and the economic and social situation of the parties.
Current Compulsory Traffic Insurance Limits
Under the regulation published in the Official Gazette on 27 December 2025, the compulsory traffic insurance limits for cars in accidents occurring on or after 1 January 2026 are:
- Injury and death: TRY 3,600,000 per person, TRY 18,000,000 per accident,
- Medical expenses: TRY 3,600,000 per person, TRY 18,000,000 per accident,
- Property damage: TRY 400,000 per vehicle, TRY 800,000 per accident.
Higher per-accident limits apply to vehicles such as trucks, buses and minibuses. The limits in force on the date of the accident apply.
Mandatory Application to the Insurer
Before filing a lawsuit or applying to arbitration against the traffic insurer, the injured party must make a written application to the insurer. If the insurer does not satisfy the claim or does not respond within 15 days of the application, the injured party may file a lawsuit or apply to arbitration (Article 97 of the Highway Traffic Law). The application should include documents such as the accident report or statements, hospital records, disability or death certificates, income documents and, in fatal accidents, the certificate of inheritance.
Before accepting a payment offered by the insurer, it is important to have the offer assessed legally. Release forms containing irrevocable waiver wording may make later claims for the difference more difficult.
Mediation, Arbitration and the Court Process
As compensation claims against the insurer are commercial disputes, applying to a mediator is a condition of filing a lawsuit (Article 5/A of the Turkish Commercial Code). If no agreement is reached, a lawsuit may be filed.
As an alternative to the courts, the injured party may also apply to the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu), which generally decides claims more quickly.
Competent Court
Lawsuits against the insurer are heard by the commercial court of first instance; lawsuits against only the driver and operator are heard by the civil court of first instance. The lawsuit may be filed where the insurer’s headquarters or branch or the agency that issued the policy is located, or where the accident occurred (Article 110 of the Highway Traffic Law). For an accident in İzmir, for example, the case may be filed before the İzmir courts.
How Is Compensation Calculated?
In personal injury cases, compensation is calculated by an expert actuary, taking into account the injured person’s age, income, disability rate, degree of fault and remaining life expectancy. Disability rates are determined by medical reports prepared in accordance with the applicable regulation. The injured person’s own fault, if any, reduces the compensation proportionally.
Limitation Periods
Compensation claims arising from motor vehicle accidents are time-barred two years after the injured party learns of the damage and the person liable, and in any event ten years after the accident (Article 109 of the Highway Traffic Law). However, where the accident also constitutes a criminal offence, such as negligent injury or negligent homicide, the longer criminal limitation period also applies to the compensation claim. In practice, this longer period applies to most accidents involving injury or death.
Foreign Nationals, Tourists and Foreign-Registered Vehicles
Foreign nationals and tourists injured in a traffic accident in Turkey have the same rights to compensation as Turkish citizens, and claims may be pursued under Turkish law where the accident occurred in Turkey.
- Accidents involving foreign-registered vehicles are generally covered by Green Card insurance or border insurance, and claims are handled through the Motor Insurers’ Bureau of Turkey.
- In accidents involving rental cars, the rental company’s compulsory traffic insurance and, where available, its extended liability insurance are taken into account.
- An injured person who has returned to their home country may pursue the application, mediation and lawsuit through a lawyer in Turkey by granting a power of attorney at a Turkish consulate or before a foreign notary with an apostille.
- Medical records and income documents issued abroad generally require an apostille and a sworn Turkish translation.
What to Do After an Accident
- Ensure that the police or gendarmerie prepare an accident report; in accidents involving only property damage, complete the agreed accident report form fully,
- Photograph the scene, the vehicles and the road conditions and note the details of witnesses,
- Obtain medical treatment and keep all hospital records, prescriptions and invoices,
- Do not sign release forms or accept payments from the insurer before having them assessed,
- Take the limitation periods into account and start the application process in good time.
Frequently Asked Questions
How long does it take to receive compensation?
The duration depends on whether the insurer pays after the application, whether agreement is reached in mediation and whether the case proceeds to court or arbitration. Cases before the Insurance Arbitration Commission are generally concluded more quickly.
Can a person who was partly at fault claim compensation?
Yes. Compensation is reduced in proportion to the injured person’s own degree of fault.
Can a passenger in the vehicle claim compensation?
Yes. Passengers may claim compensation from the insurer of the vehicle they were travelling in and, depending on fault, from the insurer of the other vehicle.
What if the insurer’s payment is too low?
The difference may be claimed through mediation, arbitration or a lawsuit, provided that no binding waiver has been signed.
Can a tourist claim compensation after returning home?
Yes. The claim can be pursued from abroad through a lawyer in Turkey with a power of attorney, within the limitation periods.
Conclusion
In traffic accident compensation claims, the application to the insurer, mandatory mediation, correct calculation of the damage and the limitation periods are the main points determining the outcome. Claims exceeding the insurance limits and non-material damages may be pursued against the driver and the vehicle operator.
Yetkiner Law Firm provides legal support in İzmir in English, French and Turkish in traffic accident compensation claims, claims against insurers and other insurance law matters, including cases involving foreign nationals and tourists. The firm can be reached through the channels on the contact page.
The information on this page has been prepared for general informational purposes and does not constitute legal advice. It is recommended to obtain legal support from a lawyer in specific cases.
