GUIDE TO MATERIAL AND MORAL COMPENSATION FOR TRAFFIC ACCIDENT VICTIMS: PROTECT YOUR RIGHTS

Right to Compensation for Material and Moral Damages in Traffic Accidents: A Legal Guide

Traffic accidents are undoubtedly events that cause a great deal of harm. This harm can be both material and moral. However, the law is, of course, essential for the compensation of these damages. This comes to the forefront through the existence of compensation claims in the legal system. In this article, we will see how the right to material and moral compensation can be exercised in traffic accidents.

Monetary Compensation: Compensation for the decrease in the value of goods

Monetary compensation refers to damages resulting from an accident that can be measured in monetary terms, representing a decrease in value.

 The following damages may be claimed under this scope:

• Vehicle Repair Costs: The expenses incurred to repair damage to your vehicle caused by an accident.
• Medical Expenses: All treatment costs in case of injury, including hospital, medication, and physical therapy.
• Loss of Income: The loss of income you incurred during the period you were unable to work due to the accident.
• Loss of Earning Capacity: This claim may be made if your ability to work decreases or you lose your ability to work entirely as a result of an injury.
• Other Financial Losses: Other financial losses arising from the accident (e.g., prosthetic costs, special care expenses, etc.).

Moral Compensation: Compensation for Your Suffering

Non-pecuniary damages are the material compensation for the emotional harm, grief, distress, and suffering experienced as a result of an accident. Claims for non-pecuniary damages may arise in the following situations: Non-pecuniary damages are not a cause of unjust enrichment.

• Death: If a loved one dies as a result of an accident, their relatives may claim compensation for emotional distress.
• Injury: If you suffer physical or mental pain as a result of an injury, you may claim compensation for non-pecuniary damages.
• Injury: If you become disabled as a result of an accident, you can claim compensation for emotional distress due to the changes and losses in your life.

Compensation Claim Process: A Step-by-Step Guide

1. Evidence Gathering: Collect all evidence related to the accident (reports, photos, videos, witness statements, etc.). This evidence will form the basis of your compensation claim.
2. Applying to the Insurance Company: If the vehicles involved in the accident are insured, an application must first be made to the insurance company. This is only possible for damages covered by mandatory insurance.
3. Expert Appraisal Report: The insurance company appoints an expert to determine the extent of the damage. The expert appraisal report plays a crucial role in determining the amount of compensation.
4. Settlement or Litigation: An agreement can be reached with the insurance company, or in case of disagreement, a lawsuit for compensation can be filed in court.

Although  the Court of Cassation  stated that the defendant was not liable for moral damages or that the claim for depreciation due to the vehicle's previous accident was excessive, it rejected the appeal regarding this point

To put the situation more clearly:

"Case Law Text"

COURT: Civil Court of First Instance

Following the trial of the lawsuit for material and moral damages arising from a traffic accident between the parties; upon the appeal filed by the defendant's attorney within the time limit against the judgment accepting the lawsuit for the reasons stated in the decision, the file was examined and the following was considered:
-DECISION-
The plaintiff's attorney stated that while the plaintiff was driving his vehicle, it was hit by the defendant's vehicle coming from a road closed to traffic, resulting in damage to his vehicle; that he suffered emotionally during the period his vehicle was under repair after the accident; that he became afraid to drive in traffic due to the accident; and that the defendant was fully at fault in the accident, requesting that the defendant be ordered to pay 2,500 TL in material damages for the resulting loss of value and 1,000 TL in moral damages.
The defendant's attorney; The defendant requested the dismissal of the case, stating that the defendant was not at fault in the accident, that the claim for diminished value was excessive, that the defendant had a previous accident, that the plaintiff was not injured in the accident, and that considering contributory negligence, the defendant was not liable for moral damages.
The court ruled in favor of the plaintiff, awarding the defendant 2,500.00 TL in material damages and 1,000.00 TL in moral damages, along with legal interest accruing from the date of the lawsuit; the judgment was appealed by the defendant's attorney.
1- As of the date of the decision, the appeal threshold is 2,190.00 TL, and since the awarded amount of moral damages is 1,000.00 TL, the decision is final. While the court may issue a decision on appeals against final decisions, the Supreme Court may also reject the appeal request in accordance with the Unification of Jurisprudence Decision No. 3/4 dated June 1, 1990. Therefore, it was unanimously decided on June 13, 2016, to REJECT the defendant's attorney's appeal (petition) regarding moral damages
; 2- Regarding material damages, considering that there is no procedural or legal irregularity in the discussion and evaluation of the evidence relied upon in the reasoning of the court decision, the defendant's attorney's other appeals, excluding those within the scope of the following paragraph, are REJECTED, and the judgment, which is found to be in accordance with procedure and law, is AFFIRMED, and the remaining affirmation fee of 179.08 TL, as detailed below, shall be collected from the appealing defendant.

It should be noted that

Exercising your right to compensation in traffic accidents is a crucial step in recovering from your losses and ensuring justice. Taking an active role in the legal process is essential to protecting your rights and obtaining fair compensation.

Law Student Intern

Bedirhan TAŞÇI