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Karanfiloglu Law Firm

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Car Accident Lawyer in Turkey

If you were hurt in a car accident in Turkey, lost a relative or were injured on holiday here, we act as your car accident lawyer in Turkey. We document fault and loss, file the written insurance claim, and pursue it before the Insurance Arbitration Commission or the courts, by power of attorney if you live abroad.

This page describes the service. For your rights in general, read car accident claims, insurance and your rights in Turkey and traffic accidents and compensation rights in Turkey.

When Do You Need a Car Accident Lawyer in Turkey?

A minor bump with clear fault is often settled with the insurer directly. Injury changes that. People usually instruct us when:

  • There is injury or disability: lost earnings cannot be calculated until a disability rate is set.
  • Someone died: the spouse, children and sometimes parents each have their own claims for loss of support and moral damages.
  • Fault is disputed: the police report or the first expert report puts most of the blame on you.
  • The insurer refuses or offers too little, or does not answer at all.
  • The other vehicle was uninsured or drove off.
  • You are a tourist or live abroad.

Start early. CCTV footage is often overwritten within days.

Car Accident Compensation in Turkey: Which Claims, Against Whom?

Car accident compensation in Turkey is a set of separate claims. Under article 85 of the Highway Traffic Law No. 2918 (KTK), the keeper of the vehicle (the işleten: as a rule the registered owner; in a short-term car rental the rental company, while under financial leasing or a long-term lease the lessee is as a rule treated as the keeper) is strictly liable for death, injury and damage caused by operating it. The driver answers for his or her own fault under the tort rules of the Turkish Code of Obligations No. 6098. Article 91 KTK requires every vehicle to carry compulsory third-party traffic insurance (ZMSS), which covers the keeper's liability.

The main heads of damage

  • Vehicle damage: repair cost or the value of a write-off, plus loss of value (değer kaybı) of a repaired car.
  • Treatment costs: in many cases settled between the hospital, the Social Security Institution (SGK) and the insurers; costs outside that system are claimed with receipts.
  • Lost earnings and incapacity: income lost during treatment and future income lost through permanent disability, plus care costs.
  • Loss of support (destekten yoksun kalma): what dependants lose when the person who supported them dies, plus funeral costs.
  • Moral damages (manevi tazminat): an amount the judge sets for serious injury or death, for the victim and close relatives. See material and moral damages in compensation law.
ClaimUsually directed at
Vehicle damage, loss of valueThe at-fault vehicle's traffic insurer (within limits) or your own kasko; the excess against keeper and driver
Lost earnings, incapacity, loss of supportThe traffic insurer up to the policy limit; the excess against keeper and driver
Moral damagesKeeper and driver (not covered by ZMSS)
Uninsured or unidentified vehicleGüvence Hesabı, with limited cover

Kasko or traffic insurance?

Kasko is optional cover for your own car: the kasko insurer repairs it and recovers from the at-fault side, but pays nothing for injury or lost income. Traffic insurance limits are set by regulation and updated regularly. Those in force on the accident date apply.

Uninsured or hit-and-run vehicles

If the other vehicle was uninsured or cannot be identified, the claim goes to the Güvence Hesabı, a fund set up under the Insurance Law No. 5684. As a rule it covers death and bodily injury for an unidentified vehicle, and for an uninsured but identified vehicle it can also cover property damage within limits.

How a Car Accident Claim in Turkey Works, Step by Step

A compensation claim normally starts with a written application to the at-fault vehicle's insurer, not with a lawsuit. We usually run a file in this order:

  1. Secure the records: the police report or the signed accident report form (kaza tespit tutanağı), hospital records, photos and witnesses. We ask the prosecutor to secure camera footage early.
  2. Identify the insurer: the at-fault vehicle's policy on the accident date is checked through the Insurance Information and Monitoring Center (SBM).
  3. File the written claim: article 97 KTK requires it before you sue the insurer or go to arbitration. The insurer then has, as a rule, fifteen days to respond. A thin file gets a thin offer.
  4. Choose the forum: after a refusal, a low offer or silence, the claim goes to the Insurance Arbitration Commission or to court. Depending on the defendants and the claim, mediation may be required before a lawsuit; we check this first.
  5. Expert reports: fault, disability and the amount of loss are set by experts. We challenge wrong reports within the time allowed.
  6. Judgment and collection: appeals to the regional court of appeal (istinaf) and the Court of Cassation (temyiz) are assessed, and an unpaid award is enforced.

Insurance Arbitration Commission or court?

The Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) hears claims against member insurers, and in practice most traffic insurers are members. It is usually quicker than court, and decisions below an amount updated every year are final. See how to apply to the Insurance Arbitration Commission.

Court is needed for claims against the keeper and driver, moral damages, or losses above the policy limits. The case is often filed for an undetermined amount (belirsiz alacak davası). Which route fits depends on the fault ratio, the limits and the defendants; we can assess that with you in a short consultation.

Expert Reports and the Criminal Case

Three reports usually decide the claim:

  • Fault report (kusur raporu): sets each party's share of fault. The criminal file's report, by the Council of Forensic Medicine (Adli Tıp Kurumu) or an expert, is also used in the civil claim.
  • Disability report: sets the permanent incapacity rate under the regulation in force, issued by the Council of Forensic Medicine or an authorised hospital board, as a rule after treatment ends.
  • Actuarial report: calculates lost earnings and loss of support from age, income, disability and fault.

The criminal file runs separately. A driver who injures someone may be investigated for negligent injury (taksirle yaralama) under article 89 of the Turkish Penal Code No. 5237, or for negligent killing under article 85. Negligent injury is, as a rule, prosecuted only on complaint (article 89/5); no complaint is needed only where the injury goes beyond the basic form and the negligence was conscious (bilinçli taksir). The complaint must as a rule be made within six months of learning of the act and the offender. Many files go to conciliation (uzlaştırma).

Read a conciliation agreement carefully. It may waive your compensation claims. As a rule the civil judge is not bound by the criminal court's view of fault, so the claim need not wait for the criminal case. See negligent injury cases and our criminal law page.

Tourists, Expats and Rental Cars

Foreigners injured on Turkish roads have the same rights as Turkish citizens. Nationality does not change liability, cover or time limits. The practical side differs:

  • Rental cars: the rental company is, as a rule, the keeper and holds the traffic insurance. We check the contract for the excess and anything that voids cover, such as an unlisted driver.
  • Passengers in transfers, tour buses and taxis: claim from that vehicle's traffic insurer and keeper; commercial transport often carries extra compulsory insurance.
  • Foreign-plated vehicles: they must carry a Green Card (yeşil kart) valid for Turkey or border insurance. Green Card claims are generally handled through the Turkish Motor Insurers' Bureau (Türkiye Motorlu Taşıt Bürosu).
  • Power of attorney: sign it at a Turkish consulate, or before a notary at home with an apostille (or consular legalisation if your country is not party to the Hague Apostille Convention) and a sworn translation.
  • Interpreters: you are entitled to one for your statement; records from home need a sworn Turkish translation.
  • Security for costs: a foreign claimant may, as a rule, be asked to deposit security for court costs unless a treaty or reciprocity removes that duty.

In our practice at Karanfiloglu Law Firm in Istanbul, the problem we see most often in tourist files is a short, unclear statement given at the scene without an interpreter, that later has to be corrected with other evidence. We work in English, Turkish and French; Russian- and Chinese-speaking clients are served through native-speaking advisors at our office.

Documents We Ask For

  • the police or gendarmerie report, or the signed accident report form;
  • vehicle registration, driving licence and passport;
  • photos, video and witness details;
  • repair invoices and the insurer's damage assessment;
  • hospital records, medical invoices and, later, the disability report;
  • proof of income, such as payslips or tax returns;
  • in fatal cases, the certificate of inheritance and proof of family relationship;
  • for clients abroad, the power of attorney and sworn translations.

Time Limits and a Realistic Timeline

Article 109 KTK sets the limitation period for car accident claims in Turkey: as a rule, two years from learning of the damage and the liable person, and in any event ten years from the accident. If the accident is also a crime with a longer limitation period, that longer period applies. It must be calculated for your file.

  • Vehicle damage only: often a few weeks to a few months at the insurer stage.
  • Arbitration: usually some months.
  • Injury claims: the disability report usually comes after treatment, so the claim moves at the pace of your recovery.
  • Court cases: with expert reports and an appeal, one to several years.

What a Car Accident Lawyer in Turkey Does for You

Our role, from first call to payment:

  • Assessment: fault, liable parties, policies, the limitation period and the right route.
  • Evidence: police reports, footage, hospital records and the criminal file.
  • Drafting and filing: the insurer or Güvence Hesabı claim, arbitration, mediation where required, and the lawsuit.
  • Representation: before the Commission, the civil courts and in the criminal file.
  • Follow-up: appeals and enforcement.
  • Remote work: for clients abroad, by power of attorney, email and video calls.

We explain official costs such as court fees, expert fees and cost advances, and the terms of the engagement, in writing before we start. The outcome depends on fault, medical findings and evidence. No lawyer can promise a result. For other compensation matters, see our civil law page.

Common Mistakes After a Car Accident in Turkey

  • Signing a release (ibraname) too early: it can block claims for a permanent injury that appears later.
  • No doctor on the day: a gap before the first medical record is the insurer's first argument.
  • Skipping the written insurer claim: a court or arbitration claim against the insurer filed without it can be dismissed on procedural grounds if the gap is not cured. Keep proof of the date.
  • Accepting the fault ratio unchecked: photos, footage and a fresh expert review can change it.
  • Waiving everything in conciliation: the agreement may be worded to cover your civil claims.

Our work as your car accident lawyer in Turkey is to prove the whole loss, claim from the right parties in the right order, and keep every deadline. To discuss your accident, use our contact page.

Frequently Asked Questions

Do I need a car accident lawyer in Turkey to claim compensation?

No, a lawyer is not mandatory. You can apply to the insurer, the Insurance Arbitration Commission or a court yourself, but in injury, fatal or disputed-fault cases, calculation and procedural errors directly affect what you recover.

How long does the insurer have to answer my claim?

Under article 97 KTK, the insurer has, as a rule, fifteen days after a written application. If it does not answer or offers too little, you can go to the Insurance Arbitration Commission or to court.

What is the time limit for a car accident claim in Turkey?

As a rule, two years from learning of the damage and the liable person, and at most ten years from the accident. If the accident is also a crime with a longer limitation period, that longer period applies.

Does traffic insurance pay moral damages?

No, compulsory traffic insurance does not cover moral damages. They are claimed in court from the vehicle's keeper and driver.

What if the other car was uninsured or drove away?

You can claim from the Güvence Hesabı. As a rule it covers death and bodily injury for an unidentified vehicle, and for an uninsured but identified vehicle it can also cover property damage within limits.

Can I claim after I have left Turkey?

Yes, a claim can be started and run from abroad. With a power of attorney signed at a Turkish consulate, or before a local notary with an apostille, your lawyer can file and attend for you; in most files you do not need to appear in person.

Do I have to wait for the criminal case to finish?

No, the compensation claim can proceed alongside the criminal case. As a rule the civil judge is not bound by the criminal court's assessment of fault, although the reports and evidence in the criminal file are taken into account.

I rented the car. Who pays if I caused the accident?

The rental car's traffic insurance pays the other party's losses within its limits, because the rental company is usually the keeper. Your own position then depends on the rental contract, the excess and whether anything in your conduct voids the cover.

How we work

Clients abroad can be represented through a power of attorney, without travelling to Türkiye.

  1. First contact

    Write or call with a short summary of your matter. We tell you whether it falls within our practice areas.

  2. Review

    We review your documents and explain the legal position, the options and the likely steps under Turkish law.

  3. Written engagement

    The scope of work and the fee are agreed in writing before work starts.

  4. Representation and updates

    We act for you before courts, authorities and the other side, and keep you informed at each step.

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