A person harmed in a traffic accident in Turkey can claim compensation from the vehicle's operator (işleten), the driver and the insurer providing the vehicle's compulsory traffic insurance (Highway Traffic Law No. 2918, Arts. 85 and 91). Before suing the insurer or going to arbitration, a written application to the insurance company is mandatory; if it does not respond within 15 days or rejects the claim in whole or in part, the claimant can go to court or to the Insurance Arbitration Commission. Claims are generally time-barred two years after learning of the damage and the liable person, and in any case ten years after the accident; if the act is also a crime, the longer criminal limitation period applies. Foreign visitors can pursue these claims through a lawyer after leaving Turkey.
What does compensation law cover?
Compensation law governs how a person who suffered damage through an unlawful act, a breach of contract or a risk defined by law is compensated by the liable party. In Turkish law the main sources are the Turkish Code of Obligations No. 6098 (tort, Art. 49 et seq.) and special laws: the Highway Traffic Law No. 2918 for traffic accidents, and the insurance provisions of the Turkish Commercial Code No. 6102 and the Insurance Law No. 5684 for insurance relationships.
This page focuses on traffic accidents and insurance disputes. For compensation arising from medical errors, see our medical law guide; for breach of contract, our contracts guide; and for work accidents, our labour law guide.
Types of compensation
| Compensation | Scope | Legal basis |
|---|---|---|
| Vehicle damage | Repair costs, parts and labour; the market value if the vehicle cannot be repaired | Traffic Law, Art. 85; Code of Obligations, Art. 49 |
| Diminished value | The drop in the vehicle's second-hand market value after repair | Traffic Law, Art. 90; Code of Obligations, Art. 49 |
| Loss of use or earnings | For commercial vehicles, income lost while the vehicle was being repaired; the cost of a replacement vehicle | Code of Obligations, Art. 49 |
| Bodily injury | Treatment costs, loss of earnings, loss or reduction of working capacity and damage to economic prospects | Code of Obligations, Art. 54 |
| Loss of support | The loss suffered by a spouse, children, parents and others supported by a person who died; funeral costs | Code of Obligations, Art. 53 |
| Non-pecuniary damages | Compensation for pain and suffering from injury or death; close relatives can also claim in cases of serious injury or death | Code of Obligations, Art. 56 |
Non-pecuniary damages are not covered by compulsory traffic insurance, so they are claimed from the driver and the operator rather than the insurer. If the vehicle had optional excess liability insurance (İMM) covering non-pecuniary damages, that policy can also be claimed against.
What to do after an accident
- Safety and healthCall emergency services if anyone is injured (112). In accidents with injury or death, the police or gendarmerie attend and prepare an accident report.
- Accident reportIn accidents with material damage only, the drivers can complete the joint Accident Report Form together or through mobile applications. The form should describe accurately how the accident happened and include a sketch. Do not sign a report in Turkish that you do not understand; ask for it to be explained.
- EvidencePhotograph the scene, the vehicles' positions and the damage, and obtain witnesses' contact details and any camera footage (dash cams, nearby businesses) before it is lost.
- Notify the insurersNotify your own insurer, the rental company if the car was rented, and, where necessary, the other party's insurer. Do not have the vehicle repaired before it has been inspected by an expert.
- Medical recordsKeep all treatment records, reports, invoices and prescriptions, including those from treatment after returning to your home country. A report on permanent disability will later need to be obtained from an authorised hospital.
Who is liable? Operator, driver and insurer
Under the Highway Traffic Law, the operator of a motor vehicle (as a rule, the person shown as owner in the traffic register) and, where the vehicle belongs to a business, the business owner are jointly and severally liable for death, injury or damage caused by operating the vehicle (Art. 85). This is strict liability: the operator is liable without fault and can escape liability only in limited cases defined by law, such as force majeure or gross fault of the injured person or a third party.
The driver is liable according to the general rules, in proportion to their fault. The vehicle's compulsory motor liability (traffic) insurance covers the operator's liability within the policy limits (Art. 91), and the injured person can apply to and sue the insurer directly.
If the vehicle that caused the damage cannot be identified, has no compulsory traffic insurance, or was stolen or seized by force, personal injury claims can be made against the Guarantee Account (Güvence Hesabı) within the limits set by law (Art. 108). A written application must be made to the Guarantee Account first.
Accidents involving tourists, rental cars and foreign vehicles
- Visitors injured in Turkey: The same rules apply to foreign nationals as to Turkish residents. Claims against the Turkish insurer, operator and driver can generally be brought before the Turkish courts or the Insurance Arbitration Commission, and a lawyer can conduct the process under a power of attorney after you have returned home.
- Rental cars: The rental company's compulsory traffic insurance covers damage the rented car causes to third parties within the policy limits. Damage to the rented car itself is governed by the rental contract and any optional insurance or damage waiver purchased; check the contract terms and excess carefully.
- Foreign-registered vehicles: Vehicles registered abroad must have valid insurance for Turkey, usually through the international Green Card system or border insurance. Claims for damage caused by such a vehicle in Turkey are handled through the Green Card arrangements and the relevant insurers.
- Evidence from abroad: Medical reports, income documents and other evidence from your home country must be translated into Turkish by a sworn translator and, where necessary, apostilled. Loss of earnings is calculated on the basis of the injured person's actual income, so foreign income documents are relevant.
Mandatory application to the insurer
Before filing a lawsuit or going to arbitration for claims within the cover of compulsory traffic insurance, the injured person must apply to the insurance company in writing (Traffic Law, Art. 97). If the company does not respond within 15 days or its response leaves a dispute, the injured person can sue or apply to the Insurance Arbitration Commission. A lawsuit filed without this application may be dismissed on procedural grounds.
The application should include the accident report, the expert report, vehicle registration and driving licence, photographs of the damage, medical reports and income documents for bodily injury, and in case of death the certificate of inheritance and civil registry records. A complete file also matters for when the insurer's payment period starts to run.
Diminished vehicle value
A vehicle involved in an accident sells for less on the second-hand market because of its damage record, even after a perfect repair. This difference can be claimed as diminished value. It is claimed from the compulsory traffic insurance of the party at fault; it cannot be claimed from your own comprehensive (kasko) insurance.
- As a rule, diminished value is claimed by the party without fault or with less fault, in proportion to the other party's fault.
- Previous damage to the same part can reduce or eliminate the diminished value.
- In 2020, the Constitutional Court annulled the wording in Articles 90 and 92 of the Traffic Law that tied compensation to the insurance general conditions. Since then, courts determine diminished value through expert reports based on the difference between the vehicle's market value before the accident and after repair, without being limited to the formula in the general conditions.
- The vehicle's age, mileage, make, the extent of the damage and the parts replaced or repainted are taken into account.
Bodily injury and loss of support
A person injured in a traffic accident can claim treatment costs, loss of earnings during treatment and, where the accident caused a permanent partial or total loss of working capacity, compensation for permanent incapacity (Code of Obligations, Art. 54). The degree of permanent incapacity is determined by a report from an authorised medical board under the applicable regulation, and the compensation is calculated by an actuarial expert.
Where a person dies, those who depended on their support can claim compensation for loss of support (Art. 53). This is not limited to legal heirs; people the deceased actually and regularly supported can also claim. The calculation considers the deceased's income, age and the number and circumstances of dependants.
Law No. 7589 amended Article 55 of the Code of Obligations on when interest starts to run on compensation for bodily injury and loss of support. Under its transitional provision, the new rule applies to events occurring after 31 July 2026.
Fault and reduction of compensation
The parties' degrees of fault are decisive for the amount of compensation. Fault is established through the accident report, sketch, witness statements, camera footage and, where necessary, a traffic expert's report. Fault of the injured person, or conduct that increased the damage such as not wearing a seat belt or helmet, can reduce compensation (Code of Obligations, Art. 52).
There can be significant differences between an insurer's own calculation and the calculation made by a court-appointed expert. Before accepting an offer, the heads of claim should be assessed independently. Release forms containing wording such as "I waive all my rights" can make it difficult to claim the difference later.
Insurance Arbitration Commission or court
A person in dispute with an insurer can apply to the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) instead of going to court (Insurance Law No. 5684, Art. 30), provided the insurer is a member and an application has first been made to the insurer.
| Feature | Insurance Arbitration Commission | Court |
|---|---|---|
| Duration | Aims to decide within the short period set by law | Usually longer |
| Expertise | Arbitrators specialised in insurance | General court; expertise through court-appointed experts |
| Review | Awards below a set amount are final; above it, objection to an appeal panel and limited further review | Appeal and cassation |
| Non-pecuniary damages | Generally not available, as they fall outside insurance cover | Can be claimed against the driver and operator |
The Commission and the courts are alternatives; the same dispute cannot be taken to both. The choice depends on the amount claimed, whether non-pecuniary damages are sought and whether the driver and operator will also be sued. Mediation is generally optional in traffic accident claims; see our mediation guide for the current position.
Comprehensive (kasko) insurance disputes
Comprehensive insurance is optional cover for damage to your own vehicle regardless of fault. Common disputes with insurers concern rejection of claims on grounds such as drink-driving, an unlicensed driver or use contrary to the policy, a vehicle being declared a total loss and its market value being set too low. Whether a rejection is lawful must be assessed against the policy's general and special conditions.
After paying its insured, the comprehensive insurer seeks recovery from the party at fault and its traffic insurer. Receiving payment under your own comprehensive policy does not prevent you from claiming diminished value and other losses not covered by it from the other party. Some insurance disputes in consumer transactions are covered in our consumer law guide.
Competent courts
| Dispute | Court |
|---|---|
| Traffic accident compensation claims (general) | Civil court of first instance |
| Claims where a defendant is a merchant and the dispute is commercial; claims arising from insurance contracts | Commercial court of first instance |
| Accidents involving public vehicles: full remedy action against the administration | Administrative court |
| Comprehensive insurance claims that are consumer transactions | Consumer court or consumer arbitration committee |
For traffic accident claims, the court of the place where the accident occurred and the court of the place of the insurer's headquarters or of the agency that issued the policy also have jurisdiction (Traffic Law, Art. 110).
Time limits
| Item | Period | Legal basis |
|---|---|---|
| Insurer's response to an application | 15 days | Traffic Law, Art. 97 |
| Traffic accident compensation claims | 2 years from learning of the damage and the liable person; 10 years from the accident at the latest; longer criminal limitation period if the act is a crime | Traffic Law, Art. 109 |
| General tort claims | 2 years from learning; 10 years from the act at the latest | Code of Obligations, Art. 72 |
| Claims under insurance contracts (comprehensive and others) | The period set by law; when it starts depends on the type of claim | Commercial Code, Art. 1420 |
Compulsory traffic insurance limits, the Insurance Arbitration Commission's monetary thresholds and fees, methods for calculating diminished value and Guarantee Account practice change frequently. Check the current rules before applying.
Documents usually required
- The accident report or police report and sketch
- Vehicle registration, driving licence and insurance policy details; for rental cars, the rental contract
- Expert report, repair invoices and photographs of the damage
- For bodily injury: hospital records, discharge summaries, reports, treatment invoices and income documents, with sworn translations of foreign documents
- In case of death: death certificate, certificate of inheritance, civil registry records and the deceased's income documents
- Any criminal investigation file, expert report and witness details
Relevant legislation
Turkish legislation is published (in Turkish) at mevzuat.gov.tr:
- Highway Traffic Law No. 2918 — Arts. 85, 90–92, 97, 99, 108–110
- Turkish Code of Obligations No. 6098 — Arts. 49–56, 72
- Turkish Commercial Code No. 6102 — insurance provisions (Art. 1401 et seq.)
- Insurance Law No. 5684 — Art. 30 (Insurance Arbitration Commission)
- General Conditions of Compulsory Motor Vehicle Liability Insurance
- Law No. 7589 (2026) — amendment to Art. 55 of the Code of Obligations
Compensation and Insurance: topics
The main topics within compensation and insurance law are listed below. Detailed guides for each are in preparation.
- Traffic accident compensation
- Diminished vehicle value
- Bodily injury and permanent incapacity
- Loss of support
- Insurance Arbitration Commission
- Comprehensive insurance disputes
Frequently asked questions about accident compensation in Turkey
How long do I have to claim compensation after a traffic accident in Turkey?
Two years from learning of the damage and the liable person, and in any case ten years from the accident; if the accident is also a crime, the longer criminal limitation period applies (Traffic Law, Art. 109).
I was injured in an accident while on holiday in Turkey. Can I claim after going home?
Yes. Claims against the Turkish insurer, the operator and the driver can generally be pursued through a lawyer acting under a power of attorney. Keep all medical records, including treatment in your home country, as they will need sworn Turkish translations.
Can I sue the insurer without applying to it first?
No. For claims under compulsory traffic insurance, a written application to the insurer is mandatory; if it does not respond within 15 days or a dispute remains, you can sue or go to arbitration.
Can I claim diminished value from my own comprehensive insurance?
No. Diminished value is not covered by comprehensive insurance; it is claimed from the compulsory traffic insurance of the party at fault. Having your own insurer pay for the repair does not prevent this claim.
Can I claim non-pecuniary damages from the insurer?
Compulsory traffic insurance does not cover non-pecuniary damages; they are claimed from the driver and the operator. If there is an optional excess liability policy covering non-pecuniary damages, that policy can also be claimed against.
What if the other vehicle had no insurance?
For uninsured, unidentified or stolen vehicles, personal injury claims can be made against the Guarantee Account within the limits set by law; material damage is claimed from the driver and operator.
I had an accident in a rental car. Who pays?
Damage to third parties is covered by the rental company's compulsory traffic insurance within its limits. Damage to the rental car itself depends on the rental contract, the excess and any optional cover you purchased. If another driver was at fault, their traffic insurer is liable.
Should I accept the amount the insurer offers?
Have the heads of claim assessed independently before accepting. Wording in a release form can make it difficult to claim the difference later.
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation. Legislation and court practice change over time, so check the current legislation before taking any step. Last updated: 14 October 2026