Legal Liability and Insurance in Traffic Accidents

Traffic accidents are significant events that bring both material and emotional damages. Knowing your legal responsibilities and insurance rights in such accidents is critically important to protect your rights. In this article, prepared by our team of expert lawyers specializing in traffic accidents, we will address the legal processes, responsibilities, and essential insurance-related elements you need to know. This way, we aim to inform you about what to do if you are involved in a traffic accident and the subsequent legal procedures.

What is Legal Liability in Traffic Accidents?

Legal liability in traffic accidents is determined based on the fault ratio of the party responsible for the accident. Fault ratios are usually identified through police reports and expert evaluations; however, these determinations are not always final and can be contested.

Legal liability manifests in two main ways:

1. Criminal Liability: Criminal liability arises when the person responsible for the accident faces penalties for violating traffic rules. In such cases, the type of rule violated and the consequences of the violation are taken into account to determine criminal sanctions. Criminal liability often occurs in situations like violating traffic rules, speeding, running red lights, or driving under the influence of alcohol. This type of liability may include penalties ranging from fines to imprisonment and may require judicial proceedings depending on the severity of the violation.
2. Compensation Liability: Compensation liability involves addressing the material and moral damages resulting from a traffic accident. Under this type of liability, the party responsible for the accident is obliged to compensate the victim’s damages. Material compensation includes economic damages such as vehicle repairs, hospital expenses, and loss of income, while moral compensation pertains to psychological effects and emotional distress suffered by the victim. Compensation liability is generally determined based on court decisions, and the fault ratio plays a significant role in this process.

Definition of “Operator”:

According to the Highway Traffic Code (HTC), an operator is defined as the owner of the vehicle, a long-term renter, or someone operating the vehicle on their account. The operator is responsible for all damages that may arise from the operation of the vehicle once it is on the road. This definition includes not only the vehicle owner but also those who physically and economically control the vehicle. The operator’s liability is regulated under the principle of strict liability, which stipulates that damages arising from the inherent risks of motor vehicles must be compensated without fault. The operator’s liability begins when the vehicle enters traffic and continues as long as the operation persists.

Situations Where the Operator Can Be Exempted from Liability:

Operators can be exempted from liability under specific conditions. However, these situations are quite limited, and the burden of proof typically rests with the operator. The conditions under which an operator may be exempted are as follows:

• Force Majeure: If the damage is caused by uncontrollable natural disasters or extraordinary circumstances, such as an earthquake occurring during an accident.
• Gross Fault of the Injured Party: If the injured party is severely at fault in causing the accident and this fault directly contributes to the damage, the operator may be exempted.
• Gross Fault of Third Parties: If the damage arises from the gross fault of another party or a third party involved in the accident, the operator’s liability may be reduced or eliminated.

Proving the existence of these conditions is the responsibility of the operator and requires detailed examination in court.

Insurance Companies’ Responsibilities in Traffic Accidents

Insurance plays a significant role in covering material damages following traffic accidents. However, it is essential to be aware of insurance coverage and responsibilities.

Mandatory Traffic Insurance:

• It aims to compensate third-party damages and is mandatory for all vehicles in Turkey.
• It only covers the damages of the other party and does not include the operator’s own damages.

Comprehensive Insurance (Kasko):

• Comprehensive insurance is designed to cover the damages of the vehicle owner.
• It provides security for repair costs, theft, or damages caused by natural disasters.

Additional Coverages and Policy Review:

Being informed about additional coverages and guarantees in insurance policies prevents potential losses of rights. A thorough review of your policy can prevent future disputes.

Steps to Take After a Traffic Accident

Here are the steps to follow after a traffic accident in detail:

1. Prepare an Accident Report: Record the details of the accident, including how it occurred, license plates, driver information, and the time of the accident. This report will be used in insurance and legal processes. If there is disagreement between the parties, seek assistance from law enforcement. Witness information can also be included in the report.
2. Notify the Police or Gendarmerie: Especially in cases involving fatalities, injuries, or damage to public property, immediately inform the police or gendarmerie. Authorities will arrive at the scene to create an official report, which serves as an important document in judicial processes.
3. Notify the Insurance Company: Report the accident to your insurance company as soon as possible. Most insurance companies require the damage to be reported within five business days of the accident. When notifying, prepare documents like the accident report, vehicle photos, and other necessary materials to submit to the insurance company. Missing information or documents can prolong the compensation process.
4. Seek Legal Assistance: To fully protect your rights after a traffic accident, seek support from a lawyer. Legal assistance ensures a smoother and more effective process, particularly for issues such as disputing fault ratios, compensation claims, or dealing with insurance companies.
5. Undergo a Medical Examination: Even if you feel no physical harm after the accident, undergo a detailed examination at a healthcare facility. Some injuries may not be immediately apparent. Obtaining a medical report is also crucial for future compensation claims.
6. Document the Scene: Take photos of the accident scene and, if available, obtain footage from cameras. These records can serve as evidence for determining fault and in insurance processes. Don’t forget to check nearby security or dash cameras for relevant footage.

Compensation Claims and Legal Processes

You have the right to file a lawsuit to claim compensation for material and moral damages resulting from traffic accidents. Key elements of compensation claims include:

• Material Compensation: Covers economic damages such as vehicle repairs, medical expenses, loss of income, and other financial losses.
• Moral Compensation: Addresses emotional distress and psychological harm caused by the accident.

Operator’s Compensation Liability

The operator is obliged to compensate for damages arising from the operation of the vehicle, even if faultless. This liability stems from the inherent risks associated with motor vehicles.

Statute of Limitations

The general statute of limitations for compensation claims related to traffic accidents is two years from the date of the accident. However, this period may be extended in cases involving fatalities or other serious violations.

Comprehensive Service Network at Your Disposal

Based in Antalya, Güneş & Güneş Law Firm provides professional support to clients in traffic accident cases with its team of expert lawyers. With a wide service network across 81 provinces in Turkey, we are here to meet all your legal needs in the best way possible. For detailed information on legal consultancy and litigation processes, feel free to contact us.

Frequently Asked Questions