Criminal case and compensation in traffic accidents
Compulsory traffic Insurance, 3 in accidents that may occur and must be legally carried out for the vehicle by every vehicle owner who goes on the highways. insurance is a type of insurance designed to guarantee the financial and physical damages to persons within the scope of policy limits.
It derives its compulsory traffic insurance source from the Turkish law of Obligations.
Highway Traffic Law No. 2918, mandatory financial liability(traffic) Insurance Policy general conditions are included.
All you have to do to compensate your insurance company for these damages after traffic accidents is to report your request on the verge of certain documents. The paperwork is divided into different groups to make insurance companies pay compensation for traffic accidents. Traffic insurance guarantees are evaluated in 3 different groups: material damages, physical damages and death. The documents requested may vary according to the severity of the damage.
In general, when applying to the insurance company under the following traffic insurance coverage, sometimes additional documents are included.
Documents Required For Compensation For Property Damage;
- Policy example
- Traffic accident detection report
- Photos of damage
- Testimony or eyewitness records
- Copies of drivers ‘ licenses and licenses
- Other documents related to the accident
- In case of need, exper and alcohol report
Required Documents For Body Damage;
Documents Required To Receive Compensation In Case Of Injury;
- Traffic accident detection report
- Hospital report showing casualty discharged
- Prescription
- Treatment expense documents such as invoices, receipts etc.
Documents Required To Receive Compensation In Case Of Injury;
- Traffic accident detection report
- Report from a fully equipped hospital showing the state of the disability
- Document showing the income status of the crippled person
- In the event a court if the decision of the court
- Other documents related to the accident
Documents Required For Compensation In Case Of Death
- Traffic accident detection report
- Death examination report
- Family Population Register example
- Succession
- Document showing the income status of the deceased
- Document showing advance value of income if SGK income is tied
- Other documents related to the accident
Liability Of Insurance Companies In Traffic Accidents
In cases of financial compensation to be filed as a result of a traffic accident, traffic insurance under the compulsory financial liability insurance of the vehicle belonging to the defective party must jointly and severally pay the financial losses incurred as a result of the accident (the person involved in the accident) with the insured. The liability of the insurance company is limited to the figure stated in the insurance policy. Currently, the policy amounts under compulsory financial liability insurance are between 100,000 TL and 175,000 TL Therefore , even if the damage caused by a traffic accident is 300,000 TL the insurance company will be liable for the figure stated in the policy. In general, insurance companies are liable only for material damages due to the traffic accident and are not liable for any moral damages. However, if an extra premium is paid to the insurance company for moral compensation, and moral compensation is covered by the policy, the insurance company will also be liable for moral compensation.
If The Other Party Does Not Have Traffic Insurance;
Those whose body and body are damaged can apply for the assurance account. For material damages they will need to go to the damage person. Due to the lack of traffic insurance, the insurance account may make the payments to the driver, license holder and responsible persons.
(The assurance account pays disability compensation in case of injury to those who are injured after the accident (disability and death) as the body for the guarantees provided by the compulsory insurance covered, and in case of death, compensation for those who are deprived of the support of the deceased. )
Who Will The Compensation Case Be Filed Against For The Traffic Accident?
Since the traffic accident is considered as a tort due to its legal nature, the material and moral compensation case is opened against the tort responsible. However, in traffic accidents, there are also those responsible for compensation, except those who personally commit the wrongdoing. 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::
Driver of the vehicle: a compensation case may be filed against the driver of the vehicle that was defective in the traffic accident (BK md.49).
Owner of the vehicle: owner of the vehicle (KTK md.3) as a rule the operator of the vehicle is considered to be responsible for compensation due to traffic accident (No. 2918 KTK md.85/1).
The operator of the vehicle: since the operator of the vehicle involved in the traffic accident is also responsible for all kinds of damages, the operator can also be sued for financial and moral compensation (KTK md No. 2918.85/1). The person who appears as the owner of the vehicle in the traffic registration records is also considered to be the operator of the vehicle. If the owner can prove that the vehicle has no actual control over the vehicle, that someone else is spending for the vehicle, or that the economic interest on the vehicle belongs to someone else, and that he or she does not have the capacity to operate, he or she may be relieved of responsibility. If the motor vehicle is operated under the title or business name of an enterprise or by a ticket issued by that enterprise, the operator of the vehicle shall be liable for the damage caused. If it is proven that another person is operating the vehicle on his or her own account and danger and has actual savings on the vehicle, this person is also considered to be operating it (HGK 2015/2890 decision).
Insurance Company: the vehicle involved in a traffic accident must have liability insurance (traffic insurance) or discretionary liability insurance (Casco insurance) according to the scope of the policy which is made by the insurance company, that insurance company is also liable for death, injury or other damages (KTK md.91). A-1 Of The General Terms Of Highways Compulsory Financial Liability Insurance.according to the article, the insurer shall provide legal liability to the operator according to Highway Traffic Law No. 2918, up to the mandatory insurance limits, for causing the death or injury of a person or damage to something during the operation of the motor vehicle defined in this policy.
Statute Of Limitations On Traffic Accident Compensation Claim
Claims for compensation for damages arising from motor vehicle accidents are timed for two years starting from the date on which the damaged person learns the liability for damages and compensation, and probably within ten years starting from the day of the accident.
The case arises from a verb requiring punishment, and if the Penal Code has prescribed a longer statute of limitations for this verb, that period also applies to claims for compensation.
Accordingly, the victim of a traffic accident may benefit from a period of 15 years for backward and post mortem traffic accidents, and a period of 8 years for backward and post injury traffic accidents, according to the periods of the Turkish Penal Code, which is in favor of the outside of these periods.
The rest of the article refers to the time-out periods for the return of the compensation. The recourse rights of the claimants to each other expire in 2 years, starting from the day they have fully fulfilled their obligations and learned of the recourse.
Compensation Rights Demanded By Relatives In Case Of Death As A Result Of Accident;
- Compensation for lack of support,
- Funeral and burial expenses,
- Treatment expenses and other expenses until the moment of death of the deceased,
- Financial compensation for damage suffered by the vehicle involved in the accident
The courts have generally fixed these cases to a certain amount, giving a figure accordingly. This figures find a maximum of 2,000-TL. But there is an expense made further and it can be claimed if it can be billed.
Mortal Traffic Accident Moral Compensation
It is a kind of compensation prescribed by the legislator in order to satisfy the grief and suffering experienced by the relatives of the deceased as a result of a fatal traffic accident. The legislator has exclusively given the judge the discretion regarding the moral compensation requested due to a fatal traffic accident. While the file judge has to act in accordance with the reports presented to the file and other material evidence, the judge has the freedom to decide on moral damages as a result of a fatal traffic accident. But this liberty , it does not mean that the judge can decide arbitrarily. The file judge shall rule on an equitable compensation, taking into account the socio-economic circumstances of the defendant and the claimant parties, the impact of the fatal traffic accident and the resulting death on the concerned.
Traffic accidents with injuries
There is no compensation for lack of support in injured traffic accidents because the person who was injured as a result of the accident has lived his or her life. The person affected by the accident as a result of the traffic accident,
- Costs related to the treatment made by accident,
- Because of the accident, he may seek compensation for the income he was deprived of because he was in hospital or at his home and could not work during the process he was being treated for.
- He will be able to claim moral compensation for the suffering and suffering he suffered due to the accident.
In the application process, especially those who act with the name and title of the damage company can often be those who do not have the legal competence and the necessary responsibility. For this reason, assistance from lawyers who have adequate training and equipment and who have responsibilities can help to prevent the damages that may occur later.
