In order to claim compensation for a traffic accident, a person must injured or killed or his property damage.If you are in one of these situations, we are sending you our health wishes first.
After a traffic accident, we recommend that you consult the Antalya/Turkey traffic attorney to ensure that your rights are not violated.In this article, we will explain in detail the rights you have after a traffic accident.
Compensation Due To Traffic Accident
The legal basis of the compensation case for a traffic accident is that the traffic accident is an unjust act.Since the traffic accident is an unjust act in terms of legal quality, it has some consequences in many cases such as statute of limitations, court authority, amount of compensation.In our article, compensation cases due to traffic accidents are examined in all aspects.You can consult a Antalya/TURKEY traffic law attorney in these cases.
1-)What is the timeout in a traffic accident compensation case?
It is the most important issue to consider when the time for filing a lawsuit commences and ends before a lawsuit is opened.On the day that the traffic accident occurred, that is to say, the tort is committed, the compensation period starts.In this case, there are two types of timeouts.which is in favor of the plaintiff, the timeout period shall apply.
The duration of the compensation case due to traffic accidents are as follows:
a-)The timeout due to the tort
The person who is harmed by a traffic accident has a 2-year statute of limitations starting from the date he / she learns of the harm and the perpetrator.Even if the perpetrator sees the perpetrator and the damage later, in any case, there is a 10-year statute of limitations from the commencement of the act.
If a crime is committed due to a traffic accident, the statute of limitations shall apply.a crime has been committed due to a traffic accident, the timeout for the type of crime committed shall apply.In traffic accidents, if there is injury, the crime of wounding; if there is death, the crime of manslaughter occurs. The statute of limitations stipulated in the Criminal Code for these crimes may determine the timeout of opening a case for compensation.At this stage it would be useful to consult a Antalya/Turkey traffic accident attorney.
2-)Who Can Sue For Compensation For A Traffic Accident?
If an injury occurred in a traffic accident, the injured person may sue for financial and non-pecuniary damages.The injured person may claim financial compensation due to the loss of labour during his / her working life due to disability and moral compensation due to the pain, grief and sorrow he / she has suffered due to the traffic accident.
If a serious bodily injury has occurred due to a traffic accident, relatives of the injured person (mother, father, wife, children, fiancee) may also only file a “case for non-pecuniary damages”.“Grievous bodily injury” is recognised in the Supreme Court application as the injured person suffers limb loss or fails to perform his or her vital functions.For example, the loss of an eye, amputation of one of the arms or feet, etc. such cases are considered as grievous bodily injury.
In fatal traffic accidents, anyone who receives support from the deceased while living can sue for financial and moral damages.If the deceased is married he/she is considered to have supported his/her wife and children, and if he is single he/she is considered to have supported his/her parents.That is, they do not need to prove that they have benefited from the support of the deceased.The deceased’s fiancee, uncle, uncle, etc. in order for any relative to be able to claim compensation due to a traffic accident, he/she must prove that he received support from the deceased while he/she was alive.At this stage, you can consult to a Antalya / Turkey traffic lawyer.
3-)Who will be prosecuted for damages for a traffic accident?
In the event of death, injury or damage to any property as a result of a traffic accident, the following persons may be sued for financial and moral damages:
a-)The Driver Of The Vehicle: A compensation case could be filed against the driver of the vehicle that was defective in the traffic accident.
b-)The Owner Of The Vehicle: As a rule, the owner of the vehicle is considered to be the operator of the vehicle, so there is a liability for damages due to the traffic accident.
c-)Operator Of The Vehicle: Since the operator of the vehicle involved in the traffic accident is responsible for all kinds of damages, the operator may be sued for financial and moral damages.The person who appears to be the owner of the vehicle in the traffic registration records is also considered to be the operator of the vehicle.If the owner of the vehicle can prove that he has no actual control over the vehicle, that someone else has made expenses for the vehicle, or that the economic interest on the vehicle belongs to someone else, and that he does not have the capacity to operate it, he can be relieved of liability.At this stage it will be useful to consult the Antalya/Turkey traffic lawyer.
d-)Insurance Company: If the vehicle involved in a traffic accident has Traffic Insurance or Automobile Insurance, this insurance company is also liable for death, injury or other damages.As the liability of the insurance company is the subject of a separate article, we cannot give detailed information about the insurance law in this article.At this stage you can also consult the Antalya/Turkey insurance law lawyer.
4-)Traffic Accident Compensation Case Authorized Court
There are more than one competent court in the case of financial and non-pecuniary damages due to a fatal or injured traffic accident.The following are the courts authorized to look into the case for compensation due to the traffic accident:
a-)In a court in the residence of one of the defendants, a case for damages can be filed against all responsible persons.For example, in traffic accident happened in Antalya/Muratpaşa, where the residence of the defective driver is Antalya / Kepez, the residence of the vehicle owner is Alanya;the case for damages due to the traffic accident can be filed in both Antalya courthouse and Alanya Courthouse.
b-)A compensation case could be filed in the court where the traffic accident occurred.According to our example above, ANTALYA courthouse will be authorized in this case.
c-)Damages due to traffic accidents can also be filed in the court of residence of the injured person, that is, the plaintiff.
d-)Damages can also be sued in the court where the headquarters of the traffic insurance company is located.As can be seen at this stage, a Antalya/Turkey traffic lawyer is needed.Filing a case for damages in a false court would thoroughly prolong the court process..
5-)The Court Which is Tasked With Looking İnto The Compensation Case
The court of first instance is the court tasked with handling the case for damages.In the case of damages against the insurance company, the court in charge is the Commercial Court of First Instance.Because, the insurance company’s responsibility stems from a commercial business.Therefore, if the driver, owner and operator of the vehicle are to be sued together with the insurance company that insures the vehicle due to the traffic accident, all the responsible persons must be sued in the Commercial Court of First Instance for damages.At this stage we also recommend that you consult an Antalya/Turkey traffic lawyer.
6-)What Damages May Be Requested In A Fatal Traffic Accident Compensation Case?
A mortal traffic accident compensation case is a type of pecuniary and non-pecuniary compensation caseThe following damages may be claimed from those responsible for compensation in cases of damages caused by fatal traffic accidents:
a-)Moral compensation:Relatives of the deceased (mother, father, wife, children, siblings,engaged ) may claim moral compensation for their feelings of pain and suffering as a result of the death.
b-)Funeral expenses of the deceased,
c-)Treatment expenses if death did not occur immediately,
d-)Compensation For Lack Of Support:Relatives of the person who died in a traffic accident (mother, father, wife, children, fiancee or any person she/he supported) may claim compensation for lack of support due to the accident.Compensation for deprivation of support is a type of financial compensation lawsuit filed by persons deprived of lifelong support of the deceased.
7-)What Damages Can Be Requested In The Case Of Injured Traffic Accident?
An injured traffic accident compensation case is a type of financial and moral compensation filed by the injured person against those responsible for compensation.Relatives of the injured person cannot claim financial compensation in any way.However, if the injured person has suffered a grievous bodily injury or limb loss, relatives of the injured person can claim moral compensation.
The following damages may be claimed from those responsible for injury traffic accident compensation cases:
a-)Moral Compensation:There is no doubt that the injured person himself or herself may demand moral compensation.Relatives of the injured person may seek moral compensation only if there is a grievous bodily injury or limb loss.Otherwise, relatives of the injured cannot claim moral compensation.
b-)All kinds of treatment expenses of the injured person,
c-)Loss of earnings of injured person:The person can claim the amount he / she will earn during the time he / she receives treatment and during the time he / she needs rest.
d-)Losses arising from the reduction or loss of labour force:If a person has been exposed to a disease that cannot be cured during his / her life due to a traffic accident, he / she will be able to claim the damages.
e-)Losses from the shake-up of the economic future,
8-)How To Determine Moral Compensation In Traffic Accidents?
The purpose of moral compensation for fatal or injured traffic accidents is to create a sense of peace in the damaged person.Moral compensation should not be a means of enrichment for the claimant.When the court decides on moral compensation, it aims to partially relieve the pain and suffering caused by the incident.
When determining moral compensation, the court should consider:
a-)Social and economic situation of the parties,
b-)The way the event came to occur,
c-)Defect status of parties,
d-)Rights rules in accordance with the fourth article of the Turkish law of Obligations.
As can be seen, in the event of a traffic accident compensation case is a branch of law that requires expertise.We recommend that you consult the Antalya/Turkey traffic lawyer to ensure that your rights are not lost.
9-)How is material compensation calculated in traffic accidents?
It’s probably one of the most technical aspects of a compensation case.The question of how financial compensation is calculated is one that can be answered with more concrete data.The direct loss and defect ratio determines the cost of the financial compensation.
To give an example (in our example, the basic principles for understanding the compensation calculation method have been determined),Let’s assume that the disability rate of the person injured as a result of the traffic accident is 60%. Let’s assume that the defect rate of the person who suffers disability is 20%, his age is 30, his salary is 3000 TL.
If it is necessary to make a calculation with general lines, the amount of compensation shall be determined according to the following principles::
a-)The person who suffers disability is considered to be in the workforce until the age of 72.The active working period of the disabled person up to the age of 65 and the passive working period between the age of 65 and 72 are calculated.In our concrete example, the person who suffers disability will work for 30 years active and 7 years passive.
b-)The loss of the workforce of the person suffering disability should be calculated separately for each month.In this case, the salary of the victim who received 3000 TL salary should be deducted from the defect rate of 20%, the amount found should be multiplied by the disability rate of 60%.In our concrete example; 3000 TL salary – 20% of the victim’s defect rate = 2400 TL x 60/100 = 1440 TL is calculated as monthly labor and income loss.The annual labor / income loss will be 17.280 TL.
c-)The annual labor / income loss found is multiplied by 37 years, which is the period of active and passive work.In our concrete example; annual labor loss will be 17280 x 37 years = 639.360 TL as financial compensation.
d-)A roughly 25% discount is required from the compensation due to the discount method.
We have reached the end of our article.I hope this article has been useful to everyone.If you have been in a car accident,we wish you convenience and health.If you need legal assistance, you can contact us.We also serve our clients as Antalya/Turkey traffic accident lawyer.