STATUTE OF LIMITATIONS IN TRAFFIC ACCIDENTS

Traffic accidents are events that affect individuals' lives and have legal consequences. Compensation lawsuits arising from these accidents are filed to recover the material and moral damages suffered by the victims. However, these lawsuits must be filed within a specific time limit. This period is called the "statute of limitations." Once the statute of limitations expires, the victim's right to file a lawsuit is lost.

STATUTE OF LIMITATIONS

Statute of limitations refers to the situation where, after a certain period of time has passed, a right can no longer be asserted or a debt can no longer be claimed. In legal systems, rules regarding the statute of limitations are applied to ensure justice, protect legal certainty, and prevent parties from experiencing uncertainties. These rules hold significant importance in both criminal and civil law.

Statute of Limitations in Traffic Accidents under Turkish Law

In Turkish law, the statute of limitations for compensation claims arising from traffic accidents is regulated by the Turkish Code of Obligations No. 6098 (TBK) and the Highway Traffic Law No. 2918 (KTK): “The legally prescribed period for filing a lawsuit for compensation for material and moral damages resulting from traffic accidents is two years.”

6098 syl TBK m.72

C. Statute of Limitations
I. Rule
ARTICLE 72- A claim for compensation is subject to a statute of limitations of two years from the date the injured party learns of the damage and the person liable for compensation, and in any case, ten years from the date the act was committed
. However, if the compensation arises from an act punishable by a penalty for which the penal code prescribes a longer
statute of limitations, that longer statute of limitations shall apply.

6102 syl TTK m.1420

12. Statute of Limitations
ARTICLE 1420- (1) All claims arising from the insurance contract
of limitations of two years from the date the claim becomes due, and, subject to the provisions of Article 1482,
claims relating to insurance compensation and insurance proceeds
are subject to a statute of limitations of six years from the date the risk occurred.
(2) The provisions of other laws are reserved.

If the wrongful act resulting from a traffic accident also constitutes a crime under the penal code, and the penal code prescribes a longer statute of limitations for that crime, then the time limit for filing a compensation claim is also extended to the longer statute of limitations stipulated in the penal code.

Statute of Limitations: Article 109 – Claims for compensation for material damages arising from motor vehicle accidents are subject to a statute of limitations of two years from the date the injured party learns of the damage and the liable party , and in any case, ten years from the date of the accident. If the claim arises from an act punishable by law, and the penal code prescribes a longer statute of limitations for that act , this longer period also applies to claims for material compensation. If the statute of limitations is interrupted against the liable party, it is also interrupted against the insurer. An interruption of the statute of limitations with respect to the insurer is also considered an interruption with respect to the liable party. In motor vehicle accidents, the right of recourse between the liable parties is subject to a statute of limitations of two years from the date they fully fulfilled their obligations and learned the identity of the person against whom recourse is to be taken .

If the statute of limitations is interrupted against the party liable for compensation, it is also interrupted against the insurer.

Statute of Limitations in Fatal Accidents

Criminal Statute of Limitations 

If a traffic accident also constitutes a crime and a criminal case has been opened, the statute of limitations in the criminal case can also affect the compensation claims. Criminal statute of limitations periods can be longer, and the conclusion of the criminal case can affect the statute of limitations for the compensation claim as well.

 According to Article 66 of the Turkish Penal Code (TCK), the statute of limitations for crimes resulting in death is 15 years. This period begins from the date the crime was committed. A criminal case filed before the expiration of the statute of limitations also affects compensation claims.

The expiration of the statute of limitations eliminates the right of victims to file a lawsuit and undermines the effectiveness of legal processes. Therefore, it is recommended that relatives of victims in fatal traffic accidents consider the statute of limitations and seek legal advice to avoid losing their rights.

Accident resulting in injury

General Statute of Limitations: According to Article 146 of the Turkish Code of Obligations, the general statute of limitations for compensation claims is 10 years. This period begins from the date of the accident.

According to Article 72 of the Turkish Code of Obligations, a lawsuit must be filed within two years from the date the victim learns of the damage and the liable party. However, in any case, the lawsuit must be filed within ten years from the date of the accident. In accidents resulting in injury, the date the victim learns of the damage and the liable party is usually close to the date of the accident.

Statute of Limitations for Criminal Offences: According to Article 66 of the Turkish Penal Code (TCK), the statute of limitations for criminal offenses causing injury varies depending on the nature of the crime. For simple assault, the statute of limitations is 8 years, while for serious assault, it is 15 years. These periods begin from the date the crime was committed. A criminal case filed before the statute of limitations expires also affects compensation claims.

Diminution in Value – Statute of Limitations for Material Damage

Direct right to claim and sue:
Article 97 – (Amended: 14/4/2016-6704/5 art.)

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.

Hostility - Those Who Can File a Lawsuit for Compensation for Material and Moral Damages Arising from Traffic Accidents:

I. Owners of Damaged Vehicles

The first group that can file a lawsuit for material damages to a vehicle resulting from a traffic accident are the owners of the damaged vehicles. The vehicle owner can claim compensation for the costs necessary to repair the damage to their vehicle and for the decrease in the vehicle's value.

• Property Damage Compensation: Claims can be made for the costs incurred in repairing physical damage to the vehicle.
• Diminution in Value Compensation: This is compensation claimed for the decrease in the market value of a vehicle after an accident, even if it has been repaired.

II. Relatives of Injured or Deceased Persons

Individuals injured or killed in traffic accidents, or their relatives, also have the right to file a compensation claim.

• Injured Persons: Individuals injured in the accident can claim compensation for medical expenses, loss of earning capacity, and other financial losses. They can also claim compensation for emotional distress and suffering.
• Relatives of the Deceased: Relatives of the person who died in the accident can claim compensation for funeral expenses, loss of support, and moral damages.

III. Employers

Employers may also claim compensation in certain circumstances if their employee is injured or dies as a result of a traffic accident. Employers can claim compensation for wages paid during the employee's period of disability or for losses incurred due to loss of earning capacity.

IV. Insurance Companies

Insurance companies can file subrogation lawsuits against those responsible for accidents in order to recover payments made to their policyholders. These lawsuits are filed to recover the compensation paid by the insurance company to its policyholder.

V. Car Rental Companies

In cases where rental vehicles are involved in accidents, rental car companies can also be sued for financial losses. These losses may include repairs to the vehicle and compensation for the decrease in its value.

VI. Hostility

Standing refers to the parties to a lawsuit, and in compensation lawsuits, standing is crucial in determining who can file the lawsuit and against whom it can be filed. In lawsuits for material and moral damages arising from traffic accidents, the following individuals have standing:

• Plaintiffs: Individuals who have suffered harm in a traffic accident or who are relatives of the injured party. These individuals may include those directly injured, the heirs of the deceased, and the dependents of the injured party.
• Defendants: The driver who caused the accident, the vehicle owner, the employer, and the relevant insurance companies. Additionally, the drivers and owners of other vehicles involved in the accident may also be named as defendants.

Legal Process and Points to Consider

When filing lawsuits for material and moral damages resulting from traffic accidents, there are some important points to consider:

I. Statute of Limitations: Statute of limitations must be considered in compensation claims. Claims for material damages and moral damages must be filed within the time limits specified in the Turkish Code of Obligations and the Turkish Traffic Law.

II. Gathering Evidence: Collecting evidence after an accident is crucial. Police reports, witness statements, photographs, and other documents play a vital role in the legal process.

III. Expert Opinions: Expert reports and opinions can be used to determine the extent of damage and depreciation to the vehicle and to calculate the amount of compensation.

IV. Application to the Insurance Company: After the accident, an application must be made to the insurance company and the necessary documents must be submitted. If the insurance company refuses to pay, a lawsuit can be filed.

V. Legal Consultancy: Obtaining legal advice in compensation cases arising from traffic accidents ensures that the case is handled correctly and protects the rights of the victim.

 

Law Intern Student

Behiye Zeynep Ozturk