Compensation Law
Information on compensation claims after traffic and work accidents, pecuniary and non-pecuniary damages and insurance claims under Turkish law in Şanlıurfa.
Compensation law (tazminat hukuku) concerns claims for damage suffered as a result of an unlawful act, an accident or a breach of contract. The most common cases involve traffic accidents, work accidents and medical errors. Claims may cover pecuniary damage (maddi tazminat), such as medical costs and loss of earnings, and non-pecuniary damage (manevi tazminat) for pain and suffering. Families of foreign nationals injured or killed in an accident in Turkey may also bring such claims.
Scope of services
- Claims after traffic accidents against the at-fault driver, vehicle owner and insurers
- Applications to the compulsory traffic insurer (zorunlu trafik sigortası) and the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu)
- Compensation for work accidents and occupational diseases (iş kazası ve meslek hastalığı)
- Claims for loss of support (destekten yoksun kalma tazminatı) by relatives of a deceased person
- Claims for loss of working capacity (iş gücü kaybı)
- Non-pecuniary damages for physical injury or death
- Claims arising from medical malpractice (malpraktis)
- Following related criminal proceedings as a participant (katılan)
How does the process work?
- Accident reports, medical records, expert reports and insurance documents are collected and reviewed.
- The liable parties and the insurers are identified, and the damage is documented.
- Where required, an application is first made to the insurer; the response is assessed.
- If no satisfactory payment is made, an application to the arbitration commission or a court action is filed; damage is usually calculated by an actuarial expert (aktüer bilirkişi).
- The proceedings are followed until the decision and its enforcement.
Frequently asked questions
How long do I have to file a compensation claim?
Limitation periods (zamanaşımı) are set by law and depend on the type of claim. For claims arising from unlawful acts, the general rule is two years from learning of the damage and the liable person, and in any case ten years from the act. If the act is also a crime with a longer limitation period, that period may apply. Legal advice should be obtained without delay.
The accident happened in Turkey but I live abroad. Can I still claim?
Yes. Claims can be pursued through a lawyer with a power of attorney issued at a Turkish consulate or before a foreign notary with an apostille. Foreign medical reports and income documents require a sworn translation (yeminli tercüme).
Does the insurance company pay non-pecuniary damages?
Compulsory traffic insurance generally covers pecuniary damage within the policy limits. Non-pecuniary damages are usually claimed from the driver and vehicle owner, unless additional insurance coverage applies.
For questions about a compensation claim, please use our contact page.