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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
Under the Highway Traffic Law No. 2918, the operator<\/strong> 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<\/strong>, and the injured party may claim directly from the insurer within the policy limits.<\/p>\n\n\n\n Damage exceeding the insurance limits may be claimed from the driver and the operator or, where available, from the voluntary extended liability insurance (\u0130MM). Where the vehicle causing the accident is uninsured or cannot be identified, claims may be made to the Guarantee Fund<\/strong> (G\u00fcvence Hesab\u0131) within the statutory limits.<\/p>\n\n\n\n The injured person and, in fatal or serious injury accidents, close relatives may claim non-material damages<\/strong> 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.<\/p>\n\n\n\n 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:<\/p>\n\n\n\n Higher per-accident limits apply to vehicles such as trucks, buses and minibuses. The limits in force on the date of the accident apply.<\/p>\n\n\n\n Before filing a lawsuit or applying to arbitration against the traffic insurer, the injured party must make a written application<\/strong> to the insurer. If the insurer does not satisfy the claim or does not respond within 15 days<\/strong> 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n As compensation claims against the insurer are commercial disputes, applying to a mediator<\/strong> 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.<\/p>\n\n\n\n As an alternative to the courts, the injured party may also apply to the Insurance Arbitration Commission<\/strong> (Sigorta Tahkim Komisyonu), which generally decides claims more quickly.<\/p>\n\n\n\n Lawsuits against the insurer are heard by the commercial court of first instance<\/strong>; 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 \u0130zmir, for example, the case may be filed before the \u0130zmir courts.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Yes. Compensation is reduced in proportion to the injured person’s own degree of fault.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n The difference may be claimed through mediation, arbitration or a lawsuit, provided that no binding waiver has been signed.<\/p>\n\n\n\n Yes. The claim can be pursued from abroad through a lawyer in Turkey with a power of attorney, within the limitation periods.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Yetkiner Law Firm provides legal support in \u0130zmir in English, French and Turkish in traffic accident compensation claims, claims against insurers and other insurance law<\/a> matters, including cases involving foreign nationals and tourists. The firm can be reached through the channels on the contact<\/a> page.<\/p>\n\n\n\n
\n\n\n\nTypes of Compensation That May Be Claimed<\/h2>\n\n\n\n
Material Damages<\/h3>\n\n\n\n
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Non-Material Damages<\/h3>\n\n\n\n
\n\n\n\nCurrent Compulsory Traffic Insurance Limits<\/h2>\n\n\n\n
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\n\n\n\nMandatory Application to the Insurer<\/h2>\n\n\n\n
\n\n\n\nMediation, Arbitration and the Court Process<\/h2>\n\n\n\n
Competent Court<\/h3>\n\n\n\n
\n\n\n\nHow Is Compensation Calculated?<\/h2>\n\n\n\n
\n\n\n\nLimitation Periods<\/h2>\n\n\n\n
\n\n\n\nForeign Nationals, Tourists and Foreign-Registered Vehicles<\/h2>\n\n\n\n
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\n\n\n\nWhat to Do After an Accident<\/h2>\n\n\n\n
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\n\n\n\nFrequently Asked Questions<\/h2>\n\n\n\n
How long does it take to receive compensation?<\/h3>\n\n\n\n
Can a person who was partly at fault claim compensation?<\/h3>\n\n\n\n
Can a passenger in the vehicle claim compensation?<\/h3>\n\n\n\n
What if the insurer’s payment is too low?<\/h3>\n\n\n\n
Can a tourist claim compensation after returning home?<\/h3>\n\n\n\n
\n\n\n\nConclusion<\/h2>\n\n\n\n