Material and Moral Compensation in Traffic Accidents


Material and Moral Compensation in Traffic Accidents

1-WHAT IS MATERIAL AND MATERIAL COMPENSATION IN TRAFFIC ACCIDENTS?

In fatal traffic accidents; Relatives of the deceased can claim financial compensation under the name of compensation for deprivation of support and funeral and burial expenses because they are deprived of the support of the deceased. In addition, the relatives of the deceased may demand non-pecuniary compensation due to the pain, pain and sadness they feel.

In injury traffic accidents; In traffic accidents involving injuries, the relatives of the injured person do not receive any compensation for lack of support, since his/her life continues as a result of the accident. The person injured in the accident as a result of a traffic accident may request compensation for the income he was deprived of because he could not work during the treatment period and the expenses related to the treatment made due to the accident. In addition, they can demand moral compensation for the pain and suffering experienced due to the accident.

In injury traffic accidents; According to the disability rate and the rest of his life, the person will be able to claim the loss of work force and treatment costs as financial compensation, and he will be entitled to moral compensation due to the pain and suffering.

2-WHO CAN RECEIVE MATERIAL AND MATERIAL COMPENSATION IN TRAFFIC ACCIDENT?

If the traffic accident victim is alive; He can file a lawsuit for material and moral damages himself.

If the victim of a traffic accident has died; His relatives, mother, father, spouse, children, siblings, fiancee, persons under his care and support, who suffered material and moral damage due to his death, have the right to receive material and moral compensation.

3- HOW MANY YEARS IS THE REQUEST FOR MATERIAL AND MATERIAL DAMAGES?

If a much longer statute of limitations is stipulated in the penal laws for the grievances resulting from traffic accidents, the period of claiming compensation is extended compared to the statute of limitations regulated in the Criminal Laws. The duration for injury traffic accidents is 8 years from the date of the accident. In fatal traffic accidents, the period is 15 years from the date of the accident, and if there are both dead and injured in the same incident, the period for claiming compensation for all of them will be 15 years.

4- HOW IS THE COMPENSATION CALCULATED IN TRAFFIC ACCIDENTS?

The amount of compensation to be paid to the relatives and victims of traffic accidents is included as an upper limit in insurance policies. It would be wrong to give a clear answer to the question of how much compensation the victim and their relatives can receive. Because the compensation to be paid to the victims and their relatives is calculated by experts in this field.

Compensation is calculated by considering criteria such as the age of the deceased, his contribution to the family economy, and the number of relatives left behind. For example; Compensation to be paid to the relatives of a 60-year-old person who died in an accident will be different from the compensation to be paid to the relatives of the person who died in an accident at the age of 20.

In calculating the compensation, it is very important to determine the economic status of the deceased and the casualty and the damages they have suffered. During this calculation, if the damages cannot be proven with evidence, the damage will be calculated over the minimum wage and lower compensation amounts will be paid to the beneficiaries.

5- FROM WHOM CAN MATERIAL AND MATERIAL COMPENSATION BE REQUESTED?

Compensation due to traffic accidents; It is requested from the person who caused the traffic accident. However, this issue; The shape of the accident is evaluated differently in each case, such as the defect situation. For example; In the event that the person driving the vehicle causes a traffic accident by fault, compensation claims will be directed to the person driving the vehicle and the owner of the vehicle.

In addition, as per the relevant laws, the Insurance Company is responsible for indemnities within the scope of Compulsory Financial Liability Insurance, limited to the amounts specified in the relevant insurance policy. In unilateral fatal traffic accidents, the Insurance Company is responsible for the compensation claims of the relatives of the deceased, even if the deceased is completely at fault.

6-WHAT CAN BE DONE IF THE ACCIDENT VEHICLE DOES NOT HAVE TRAFFIC INSURANCE?

Vehicle owners are obliged to insure their vehicles in accordance with Article 85 of the KTK. Vehicles that do not have their Compulsory Insurance are prohibited from being on the road.

Although it is prohibited, an assurance account has been established in order to prevent third parties from being victimized due to the damages caused by the vehicles in the traffic. Thus, even if the party causing the accident does not have traffic insurance, they can claim compensation for their losses from the assurance account.

7- CAN THE RELATIVES OF THE DRIVER DUE TO ACCIDENT FULLY DEFECTIVELY RECEIVE COMPENSATION?

Spouses, children, parents of fully faulted drivers can receive compensation. In the past, when the deceased person was at fault, no compensation was paid to the spouse, child, mother and father. However, as a result of the Supreme Court changing its case-law on this issue, it is now possible for the families of fully faulty drivers to receive compensation for lack of support in case of their death.

8-HOW TO RECEIVE A VEHICLE LOSS OF VALUE?

Material damages to vehicles as a result of traffic accidents are covered by insurance policies. As a result of the accident, despite the repair of the accident vehicle, the market value of the vehicle decreases. For example; While the value of the vehicle before the accident was 80.000 TL, the price difference is the loss of value since the vehicle was sold at a lower price due to the damage record of the vehicle after the accident.

If the sales price of the vehicle has decreased as a result of the traffic accident due to the fault of the other party, you have the right to receive compensation for the loss of value of the vehicle. The amount of this compensation varies according to the nature of the damage, the year of manufacture, brand, model and mileage of the vehicle.

Insurance companies generally reject claims for loss of value on the grounds that they are not covered by the policy. However, claims for depreciation compensation are covered by the insurance policy in accordance with the Supreme Court decisions.

With our expert team, we detect the loss of value in your vehicle as a result of an accident and help you claim compensation from insurance companies.

9-HOW CAN I GET COMPENSATION IN TRAFFIC ACCIDENTS INvolved by VEHICLES WITH FOREIGN PLATE?

All material and non-pecuniary damages of persons who are victims of vehicle accidents with foreign license plates can be claimed from foreign insurance companies without the need for real persons to be addressed.

In an accident involving a vehicle with a foreign license plate, if the vehicle with a foreign license plate has a Green Card insurance, it is considered as if the Compulsory Traffic Insurance valid in Turkey has been issued. Green Card insurance is Compulsory Traffic Insurance with international validity. Victims can claim compensation by contacting the Turkish Motor Vehicles Bureau after the accident.

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