COMPENSATION CASES IN TRAFFIC ACCIDENTS: 1

Tort Liability and Damages Lawsuits

Traffic accidents should be examined in terms of legal liability requirements. First, we will address the issue from the perspective of tort. The basis of compensation claims arising from traffic accidents lies in tort liability. For tort liability to occur, an unlawful act, fault, damage, and a causal link are required. A prerequisite for compensation claims is to first apply to the insurance company. Article 97 of the Highway Traffic Law No. 2918 sets forth the relevant provision:

Direct right to claim and sue:
Article 97 – (Amended: 14/4/2016-6704/5 art.)
51 This paragraph was annulled by the Constitutional Court's decision dated 23/1/2024 and numbered E: 2023/130, K: 2024/17. It was stipulated that it would enter into force nine months after the publication of the decision in the Official Gazette (5/12/2024).
52 This paragraph was annulled by the Constitutional Court's decision dated 23/1/2024 and numbered E: 2023/130, K: 2024/17. It was stipulated that it would enter into force nine months after the publication of the decision in the Official Gazette (5/12/2024).

The injured party must submit a written application to the relevant insurance company before resorting to legal action, within the limits stipulated in the mandatory financial liability insurance . If the insurance company fails to respond in writing within 15 days of the application date, or if there is a dispute regarding whether the response satisfies the claim, the injured party may file a lawsuit or apply for arbitration under Law No. 5684.

Types of Compensation

In compensation lawsuits filed following traffic accidents, there are two main types of compensation that victims can claim:

• Monetary Compensation: This is compensation claimed to cover the material losses suffered by the victim as a result of the accident. Claims for pecuniary compensation include items such as hospital expenses, vehicle repair costs, and loss of earning capacity.
• Non-pecuniary damages: This is compensation sought to cover the emotional harm suffered by the victim as a result of the accident, such as pain, grief, and sorrow. Factors such as the victim's personal circumstances and the impact of the event are considered when determining non-pecuniary damages.

Articles 51-56 of the Turkish Code of Obligations examine material and moral damages:

Compensation
1. Determination
ARTICLE 51- The judge determines the scope and method of payment of compensation, taking into account the circumstances of the case and especially the severity of the fault.
If the compensation is ordered to be paid in installments, the debtor is obliged to provide security.
2. Reduction
ARTICLE 52- If the injured party consented to the act causing the damage, or was instrumental in causing or increasing the damage, or aggravated the situation of the person liable for compensation, the judge may reduce or completely eliminate the compensation. If
the person liable for compensation, who caused the damage with slight negligence, would fall into poverty upon payment of the compensation, and if equity so requires, the judge may reduce the compensation.

IV. Special circumstances
1. Death and bodily harm
a. Death

ARTICLE 53 - Damages incurred in the event of death include, in particular:
1. Funeral expenses.
2. If death did not occur immediately, medical expenses and losses arising from the reduction or loss of earning capacity.
3. Losses suffered by those who are deprived of the deceased's support.

b. Bodily harm

ARTICLE 54 - Bodily injuries include, in particular:
1. Medical expenses.
2. Loss of earnings.
3. Losses arising from reduction or loss of working capacity.
4. Losses arising from disruption of economic future.

c. Determination

ARTICLE 55 - Damages for loss of support and bodily harm shall be calculated in accordance with the provisions of this Law and the principles of liability law. Social security payments that are partially or fully non-recoverable, and payments that do not serve a specific purpose, cannot be taken into account in determining such damages; they cannot be deducted from the damage or compensation.

The calculated compensation cannot be increased or decreased based on the principle of equity. The provisions of this Law also apply to claims and lawsuits concerning damages resulting in partial or complete loss of bodily integrity or death caused by all kinds of administrative actions and procedures, as well as other reasons for which the administration is responsible.

d. Moral damages

ARTICLE 56 - In cases where a person's physical integrity is damaged, the judge may, taking into account the circumstances of the event, order the payment of an appropriate amount of money as moral compensation to the injured party. In cases of serious bodily harm or death, the judge may also order the payment of an appropriate amount of money as moral compensation to the relatives of the injured party or the deceased.

The Process of Compensation Cases

The process for filing and pursuing compensation claims arising from traffic accidents follows a specific procedure:

• Accident Report: Following an accident, an accident report is prepared by the police or gendarmerie. This report is used as one of the primary pieces of evidence in the case.
• Medical Reports: Individuals injured in the accident must document their injuries with reports obtained from healthcare facilities.
• Applying to the Insurance Company: The injured party should first apply to the other party's car insurance company. The insurance company may cover part of the damages.
• Filing a Lawsuit: If the compensation paid by the insurance company is insufficient, or if the insurance company refuses to pay compensation, the victim can file a lawsuit for compensation in court.
• Court Process: During the trial process, the parties present their evidence, witnesses are heard, and expert reports are obtained. The court evaluates all the evidence and makes a decision.

 

Conditions for Filing a Lawsuit and the Competent Court in Traffic Accidents

Procedural requirements are not conditions required for filing a lawsuit, but rather mandatory conditions related to public order that the court must meet to consider the merits of the case. Procedural requirements are examined ex officio by the court.

1. Case Backlog

It allows claims that could be the subject of multiple lawsuits between the same parties to be presented in a single lawsuit.

2. Consolidation and Separation of Cases

In cases where lawsuits are combined, separate fees, litigation costs, and attorney's fees are charged for each case. Each case is independent of the others.

HMK Article 110:

Article
110 - (1) The plaintiff may put forward more than one independent primary claim against the same defendant
in the same petition. For this, it is necessary that all the claims filed together
fall within the same type of jurisdiction and
that there is a court with common jurisdiction for all the claims.

HMK Article 166:

Consolidation and Separation of Cases Consolidation of Cases ARTICLE 166- (1) Cases filed in civil courts of the same level and status within the same judicial district may be consolidated at any stage of the case, upon request or ex officio, in the court where the first case was filed, if there is a connection between them. The decision to consolidate is given by the court where the second case was filed, and this decision is binding on the other court.

(2) If the cases are filed in the same level and class of law courts in different judicial districts,
the consolidation due to connection
may be requested from the court where the second case was filed. The court where the first case was filed
is bound by the decision on the acceptance of the request and the finalization of the decision on the consolidation of the cases.

(3) The decision to combine the cases shall be notified immediately to the court where the first case was filed.

(4) If the cases arise from the same or similar reasons, or
if the judgment to be given in one case will affect the other, a connection is deemed to exist.

(5) In accordance with the provisions of this article, it may be decided to combine cases that should be reviewed in separate chambers . In this case, the appeal review is conducted in the regional court of justice chamber that examines the decision relating to the main legal relationship that gave rise to the dispute in the combined cases .

3. Leaving it to the future

The expression "abandan atiye terki" means to withdraw the lawsuit.

HMK Article 123:

Withdrawal of the lawsuit ARTICLE 123- (1) The plaintiff may withdraw his lawsuit only with the explicit consent of the defendant until the judgment becomes final . (Added sentence: 22/7/2020-7251/10 art.) In this case, it is decided that the lawsuit is deemed not to have been filed

4. Final Judgment

The dispute must not have been previously resolved by a final judgment. The fact that the subject matter, causes of action, and parties of the first and second lawsuits are the same constitutes a final judgment in a substantive sense.

Pending

 

Law Student Intern

Behiye Zeynep Ozturk