Car Accident in Turkey: Compensation Claims, Insurance and Your Rights

After a car accident in Turkey (Türkiye), compensation usually starts with a written claim to the at-fault vehicle's compulsory traffic insurer, not with a lawsuit. If the insurer does not pay, or pays too little, you can go to the Insurance Arbitration Commission or to court. The same rules apply to Turkish citizens, expats and tourists, including rental car drivers.

This guide covers accidents on Turkish roads handled under Turkish law. If your accident happened in another country, a lawyer in that country is the right first contact.

Who Is Liable for a Car Accident in Turkey?

Liability for a car accident in Turkey is governed mainly by the Highway Traffic Law No. 2918 (Karayolları Trafik Kanunu, "KTK") and the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu, "TBK"). Two people can be liable for the same crash. Under KTK article 85, the keeper or operator of the vehicle (the işleten: usually the owner, or the rental or leasing company) is strictly liable for death, injury and damage caused by the operation of the vehicle, even when someone else was driving. The driver (sürücü) answers for his or her own fault under the general tort rules of the TBK.

Fault still matters. The fault ratio decides how the loss is shared. Your own contributory fault, such as not wearing a seatbelt, can reduce what you receive.

What to Do Right After a Car Accident in Turkey

The first hour after a crash shapes the whole claim. Take these steps in order:

1. Make the scene safe. Hazard lights on, warning triangle out, everyone away from traffic.
2. Call 112 if anyone is hurt. 112 is the single emergency number in Türkiye. Where there is injury or death, the police (in cities) or the gendarmerie (in rural areas) come and prepare an official report. Do not move the cars unless they create danger.
3. For damage only, complete the accident report form. If nobody is injured, the drivers can fill in and sign the standard form (kaza tespit tutanağı) together; many insurers accept it through their apps. If the other driver refuses to sign, seems drunk, or has no licence or insurance, call the police instead.
4. Record the other side's details: plate, name, ID or passport number, licence number, traffic insurer and policy number, phone.
5. Photograph everything. Vehicles from all sides, plates, the road, signs, lights, skid marks. Note nearby CCTV cameras; footage is often overwritten within days.
6. Get witness names and numbers.
7. See a doctor the same day, even if you feel fine. The hospital record links the injury to the accident.
8. Notify your own insurer and, for a rental car, the rental company within the period in your policy or contract.

Never sign a document you cannot read. If you do not speak Turkish, ask for an interpreter when the police take your statement.

Compulsory Traffic Insurance (ZMSS) and the Insurer Application

Every motor vehicle in Türkiye must carry compulsory third-party liability insurance (Zorunlu Mali Sorumluluk Sigortası, ZMSS, known as trafik sigortası) under KTK article 91. It pays the damage the vehicle causes to others, up to policy limits that are set by regulation and updated regularly. Check the limits in force on the date of your accident.

KTK article 97 requires you to apply to the insurer in writing before you sue it or go to arbitration. The insurer then has a short period to respond; under the current wording of the law it is fifteen days. A strong application includes the accident report, photos, repair estimate or invoice, medical records, any disability report, proof of income and your bank details. A thin file invites a thin offer.

Kasko, rental cars and foreign plates

Kasko is optional cover for damage to your own car. If you have it, your kasko insurer repairs the car and then recovers the cost from the at-fault side, but it does not replace your injury claim. A rental car must have ZMSS like any other vehicle, and the rental company is normally its işleten. Read the rental contract for the excess, the reporting deadline and what voids the cover, such as an unlisted driver. A foreign-plated car must carry a Green Card valid for Türkiye or border insurance bought on entry.

Uninsured or unidentified vehicles: the Guarantee Account

If the at-fault vehicle had no insurance, or the driver fled and cannot be identified, you can apply to the Guarantee Account (Güvence Hesabı), set up under the Insurance Law No. 5684. For an uninsured but identified vehicle it generally covers bodily injury, death and, within limits, property damage. For a hit and run by an unknown vehicle it generally covers bodily injury and death only, not damage to your car.

What Compensation Can You Claim After a Car Accident in Turkey?

Turkish law compensates actual, proven losses, plus a separate amount for non-pecuniary harm. The main heads of damage are:

Treatment after a traffic accident is, in many cases, settled between the hospital, the Social Security Institution (SGK) and the insurers, so you may not be billed for it. Costs outside that system need receipts and are claimed separately.

Moral damages are awarded under TBK article 56 for serious bodily injury or death, and close relatives can also claim. Because ZMSS does not pay them, they are claimed from the keeper and the driver; see our article on material and moral damages. Permanent incapacity and loss of support are calculated by an actuarial expert from age, income, the disability rate and the fault ratio. Loss of value is a frequent dispute of its own, covered in our article on vehicle depreciation compensation cases. Which heads apply, and in what amount, depends on the medical findings and the fault ratio; a lawyer can assess that once the reports are in.

Insurance Arbitration Commission or Court?

After the insurer application, you can choose the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) or the courts. The Commission hears disputes against insurers that are members of the system, which in practice includes most companies offering traffic insurance.

• Arbitration Commission: usually quicker than court, with lower application costs. Below a threshold updated every year its decisions are final; above it a limited appeal is possible. See how to apply to the Insurance Arbitration Commission.
• Court: needed when you also claim from the keeper and driver, for moral damages or losses above the policy limits. Depending on the claim and the defendants, mediation may be required before filing, so check this first.

Time Limits and the Criminal Side

KTK article 109 sets the limitation period for traffic accident claims: as a rule, two years from the date you learned of the damage and of the person liable, and in any event ten years from the accident. If the accident also amounts to a crime for which the Penal Code provides a longer limitation period, that longer period applies to the compensation claim too. In injury and death cases this often gives more time, but the exact period depends on the offence and should be checked for your case.

A driver who injures someone may be investigated for negligent injury (taksirle yaralama, Turkish Penal Code No. 5237, article 89); where someone dies, for negligent killing (article 85). In its basic form, negligent injury is prosecuted only on complaint, which must be made within six months of learning of the act and the offender. Many files pass through a conciliation (uzlaştırma) stage. Be careful there: an agreement may include a waiver of further claims. The expert fault report in the criminal file is often used in the civil claim as well.

Accidents Involving Foreigners, Expats and Tourists

Foreigners have the same rights as Turkish citizens after a car accident in Turkey. Nationality does not change liability, insurance cover or time limits. The practical differences:

• Claiming from abroad. You can give a Turkish lawyer a power of attorney at a Turkish consulate, or before a notary in your country with an apostille and a sworn translation.
• Interpreters. Under the Code of Criminal Procedure, a person who does not speak sufficient Turkish is entitled to an interpreter. Insurer and court documents must be in Turkish.
• Records from home. Keep every medical report and invoice from treatment abroad; they usually need a sworn Turkish translation.
• Income proof. Lost earnings are calculated from payslips or tax returns, so keep them ready.

In our practice at Karanfiloglu Law Firm in Istanbul, the problem we see most often with tourists is a short, unclear statement given at the scene without an interpreter, which later has to be corrected with other evidence. If you crashed while driving for work, see also our guide on workplace accident cases.

Documents, Timeline and Costs

Most claims rely on the same documents:

• police or gendarmerie report, or the signed accident report form;
• vehicle registration, licence and ID or passport;
• photos, video and witness details;
• repair estimates, invoices and the insurer's damage assessment;
• medical records and, later, a disability report from an authorised hospital board;
• proof of income and, for death claims, proof of family relationship;
• for foreigners, the power of attorney and sworn translations.

Timelines vary. Vehicle damage claims often settle within weeks to a few months. Arbitration files usually take some months. Injury claims take longer, since the final disability rate can usually be assessed only after treatment ends. A court case with an expert report and appeal can take one to several years.

Costs include court or arbitration fees, expert fees, translation and notary costs, and the lawyer's fee agreed in writing. Official fees are updated every year, so check them when you file. A successful claimant can generally recover the costs of the proceedings from the losing side.

Common Mistakes After a Car Accident in Turkey

• Signing a settlement too early. A release (ibraname) signed before treatment ends may give up claims for an injury whose effects are not yet known.
• Skipping the written insurer application. Going to court or arbitration without it causes delay. Apply first and keep proof of the date.
• No doctor visit on the day. A gap before the first medical record is the insurer's first argument against an injury claim.
• Accepting the fault ratio unchecked. It can be challenged with photos, footage and an expert report.
• Waiting for the deadline. Evidence fades and CCTV is deleted. Early claims are easier to prove.

Summary

A car accident in Turkey follows a clear sequence: document the scene, get medical care, apply in writing to the at-fault vehicle's traffic insurer, then use the Insurance Arbitration Commission or the courts if the answer is not fair. Moral damages and losses above the limits are claimed from the keeper and driver. For more background, see traffic accidents and compensation rights in Turkey, insurance claims in Turkey and our civil law page.

Talk to a Lawyer in Istanbul

If you would like advice on your own situation, Karanfiloglu Law Firm is a registered law office in Istanbul serving foreigners and Turkish clients across Turkey. You can reach us by phone or WhatsApp at +90 532 659 35 11, by email at karanfiloglu.lawyer@gmail.com, or visit us at Merkez Mah. Hasat Sk. No:12, 34384 Şişli, İstanbul. Contact us to discuss your situation.

Frequently Asked Questions

What should I do after a car accident in Turkey as a tourist?

Call 112 if anyone is hurt; otherwise fill in the accident report form with the other driver, take photos, see a doctor the same day and inform the rental company. Ask for an interpreter if the police take your statement.

Who pays for my injuries after a car accident in Turkey?

The at-fault vehicle's compulsory traffic insurer pays bodily injury and lost earnings up to its policy limits. Losses above the limits and moral damages are claimed from the keeper and the driver.

How long does the insurer have to answer my claim?

Under KTK article 97, the insurer has a short statutory period after a written application, currently fifteen days. If it does not pay or pays 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.

Can I claim compensation after leaving Turkey?

Yes. You can give a Turkish lawyer a power of attorney at a Turkish consulate or before a local notary with an apostille, and in most cases the claim can proceed without you being present.

What if the other car had no insurance or drove away?

You can apply to the Guarantee Account (Güvence Hesabı). For an unidentified vehicle it generally covers bodily injury and death; for an uninsured but identified vehicle it can also cover property damage within limits.

Does traffic insurance pay for loss of value of my car?

Loss of value (değer kaybı) is generally claimed from the at-fault vehicle's traffic insurer within the policy limits. The amount is often disputed and may be set by an expert.

Should I accept the insurer's first settlement offer?

Not before you know the full extent of your losses. A release signed early may prevent later claims, especially for injuries that turn out to be permanent.

About the Author

Kaan Karanfiloğlu is the founder of Karanfiloglu Law Firm, an Istanbul-based registered law office serving Turkish and international clients across Turkey. He is a lawyer registered with the Istanbul Bar Association (Reg. No. 58270) and the Union of Turkish Bar Associations (No. 133074), and has practised law in Turkey since 2017. He holds an LL.B. from Galatasaray University Faculty of Law (2016) and advises clients in Turkish, English and French; Russian- and Chinese-speaking clients are served through native-speaking advisors at the office.

Disclaimer: This article provides general information about Turkish law and is not legal advice. Laws, regulations, official fees and procedures change over time and every situation is different. For advice on your specific circumstances, please consult a qualified lawyer. No liability is accepted for any loss arising from reliance on the information in this article.