Personal Injury Claims After Traffic Accidents in Fethiye

Personal Injury Claims After Traffic Accidents in Fethiye

15.02.2026

Legal Framework for Personal Injury Claims After Traffic Accidents in Turkey

Personal injury claims arising from traffic accidents in Turkey are governed by a combination of tort law and traffic-specific legislation. The primary statutory basis is the Turkish Code of Obligations No. 6098, which regulates unlawful acts and compensation for bodily harm, together with the Highway Traffic Law No. 2918, which sets out liability rules specific to motor vehicle use.

Under Turkish law, a traffic accident resulting in bodily injury generally gives rise to civil liability, independent of any criminal proceedings. This means that even where criminal investigations are ongoing, an injured person may pursue a separate civil claim for compensation. The two processes operate independently, although criminal findings may influence civil fault assessments.

Liability in traffic accidents is based on a combination of fault-based liability and strict liability principles. Motor vehicle operators and owners may be held liable for personal injuries caused by the operation of a vehicle, even where direct fault is disputed, subject to statutory defences and contribution rules.

In practice, personal injury claims following traffic accidents are closely linked to compulsory traffic insurance. While insurance coverage does not eliminate personal liability, it plays a central role in compensating injured parties for certain categories of damage, within statutory limits. Claims exceeding insurance coverage may be pursued directly against the responsible parties.

For foreign nationals involved in traffic accidents in Turkey, the same legal framework applies. Nationality does not alter the substantive rules governing liability or compensation. However, procedural and evidentiary requirements may require careful handling, particularly where medical treatment, documentation, or representation is managed from abroad.

Liability and Fault Assessment in Traffic Accident Personal Injury Cases

Liability for personal injuries arising from traffic accidents in Turkey is assessed primarily under the Highway Traffic Law No. 2918 and the Turkish Code of Obligations No. 6098. The legal system distinguishes between driver fault, vehicle owner liability, and, in certain cases, employer or operator liability, depending on how the accident occurred.

Fault is determined through official accident reports prepared by the police or gendarmerie and, where necessary, expert examinations ordered by criminal or civil courts. These reports assess compliance with traffic rules, speed limits, right-of-way obligations, and other statutory duties. Fault ratios assigned at this stage often play a decisive role in subsequent compensation claims.

In addition to fault-based liability, Turkish law applies a form of strict liability to motor vehicle owners under Article 85 of Highway Traffic Law No. 2918. This means that a vehicle owner may be held liable for personal injuries caused by the operation of the vehicle even if the driver’s fault is limited or disputed, subject to statutory defences such as force majeure or the gross fault of the injured party.

Where multiple vehicles are involved, liability may be apportioned among several parties according to their respective fault ratios. This is particularly relevant in chain collisions or intersection accidents, where responsibility is rarely attributed to a single driver. Joint and several liability may apply, allowing the injured person to pursue compensation from more than one responsible party.

Compulsory traffic insurance plays a central role in this assessment. While insurers rely on fault determinations to evaluate claims, insurance coverage does not replace personal liability. If damages exceed policy limits or fall outside insurance coverage, injured parties may pursue additional claims directly against drivers or vehicle owners, often with the assistance of a personal injury lawyer in Fethiye.

Compensation Types Available for Traffic-Related Personal Injuries

Compensation for personal injuries arising from traffic accidents in Turkey is assessed under the Turkish Code of Obligations No. 6098, particularly Articles 49, 54, and 56, which regulate unlawful acts, bodily harm, and non-pecuniary damages. The scope of compensation depends on the nature and severity of the injury, as well as its economic and personal consequences for the injured party.

Material damages form the primary component of most claims. These typically include medical expenses, rehabilitation and treatment costs, medication, travel expenses related to treatment, and any future medical costs that can be reasonably anticipated. Where injuries result in temporary or permanent incapacity, loss of earnings and loss of earning capacity may also be claimed, based on actuarial calculations and medical disability reports.

In cases involving permanent disability, compensation is calculated by reference to the injured person’s age, profession, income level, and the officially assessed disability rate. Disability assessments are carried out in accordance with relevant health board regulations, and courts rely heavily on expert medical reports when determining compensation amounts.

In addition to material damages, moral damages may be claimed under Article 56 of the Turkish Code of Obligations. Moral compensation is intended to address physical pain, emotional distress, and the deterioration of quality of life resulting from the injury. The amount awarded is determined at the court’s discretion, taking into account the circumstances of the accident and the severity of the harm.

Where compulsory traffic insurance applies, certain categories of material damages may be compensated directly by the insurer, subject to statutory policy limits. However, moral damages and amounts exceeding insurance coverage must generally be pursued directly against the responsible parties.

Claim Procedure, Deadlines, and Role of a Personal Injury Lawyer in Fethiye

Personal injury claims arising from traffic accidents in Turkey may be pursued either directly against the responsible parties or, where applicable, against the compulsory traffic insurer. The procedural route depends on the nature of the damage, the existence of insurance coverage, and whether liability is disputed. In practice, claims often involve parallel administrative, insurance, and judicial steps.

Under Turkish law, limitation periods are a critical consideration. Personal injury claims based on unlawful acts are subject to a two-year limitation period from the date the injured party becomes aware of the damage and the liable party, and in any event, ten years from the date of the accident, pursuant to Article 72 of the Turkish Code of Obligations No. 6098. Where the act also constitutes a criminal offence with a longer limitation period, the criminal limitation period may apply.

Claims directed at compulsory traffic insurers are additionally subject to procedural rules under the Highway Traffic Law No. 2918 and insurance legislation. In practice, an application to the insurer is typically made before initiating court proceedings. If compensation is not paid or is disputed, the injured party may proceed either before the civil courts or through insurance arbitration mechanisms.

Evidence plays a decisive role throughout this process. Medical reports, forensic disability assessments, accident reports, witness statements, and income documentation are commonly required to substantiate both liability and the amount of compensation.

In this context, the role of a personal injury lawyer in Fethiye is primarily procedural and strategic rather than purely adversarial. Legal representation typically involves managing deadlines, coordinating expert examinations, handling insurer correspondence, and ensuring that claims are pursued under the correct legal basis.

Common Practical Issues in Car Accident Compensation Claims in Turkey

In practice, many difficulties in personal injury claims arise not from legal entitlement but from procedural and evidentiary shortcomings. Incomplete accident documentation or unclear fault assessments often require supplementary expert analysis, which can extend proceedings.

Medical documentation is another critical area. Compensation calculations depend heavily on medical reports, disability assessments, and treatment records. Delays or inconsistencies in hospital reports or discrepancies between medical opinions may result in prolonged expert examinations and postponed court decisions.

Insurance-related issues also commonly affect car accident compensation in Turkey. Disputes may arise regarding policy limits, scope of coverage, or fault apportionment. Insurers frequently raise technical objections, particularly where injuries are long-term or where pre-existing medical conditions are alleged.

For foreign nationals, practical challenges are often compounded by language barriers and cross-border coordination. Obtaining notarised and apostilled documents, managing powers of attorney, and coordinating documentation from abroad can significantly slow down the process if not handled systematically.

Finally, timing and procedural sequencing play an important role. Initiating claims before medical treatment is stabilised, missing limitation periods, or pursuing insurance and court claims without coordination may negatively affect outcomes.

FAQ

Who can claim compensation for personal injuries after a traffic accident in Turkey?
Any person who suffers bodily harm as a result of a traffic accident may claim compensation, provided that liability can be established under Turkish law. This includes drivers, passengers, pedestrians, and cyclists, regardless of nationality.

What compensation items may be claimed after a car accident in Turkey?
Compensation may include medical and treatment expenses, loss of earnings, loss of earning capacity due to disability, and moral damages for pain and suffering. The scope depends on the severity of the injury and the circumstances of the accident.

How long do personal injury claims after traffic accidents usually take in Fethiye?
The duration varies depending on medical stabilisation, expert examinations, insurance involvement, and court workload. In practice, claims often take several months to a few years.

Summary

Personal injury claims after traffic accidents in Fethiye are governed by Turkish tort law and traffic legislation, with liability assessed through fault and strict liability principles. Injured parties may claim material and moral damages, subject to statutory rules, limitation periods, and insurance coverage. The process typically involves medical documentation, expert assessments, and coordination with insurers and courts. For foreign nationals, procedural accuracy and timely action are particularly important to avoid delays or loss of rights in car accident compensation in Turkey.

For professional legal assistance with your property, company, or residence process in Turkey, contact Gokalp Legal.

This article provides general information and does not constitute legal advice.