How does the degree of fault in a traffic accident affect compensation?

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What is the fault ratio in a traffic accident?

The degree of fault in a traffic accident is a technical and legal assessment that indicates the extent to which the parties are responsible for the accident. In a traffic accident, one party may be entirely at fault, or both parties may be considered to be at fault to varying degrees. In practice, fault percentages are usually determined as a percentage. For example, one party may be 100% at fault, while the other is blameless. Or, one party may be considered 75% at fault, and the other 25%.

The degree of fault is one of the most important elements in traffic accident compensation claims. This is because, in calculating monetary compensation, the proportion of damages that can be claimed from the other party is as important as the amount of the damage itself. In other words, even if the victim's actual damage is high, the compensation they can receive may decrease if they are found to be at fault.

In traffic accidents, liability is not based solely on classic fault-based liability. The liability of the operator for damages arising from the operation of a motor vehicle is also regulated separately in the Highway Traffic Law. According to the law, if the operation of a motor vehicle causes death, injury, or damage to property, the operator of the vehicle and, if the conditions are met, the owner of the enterprise to which it is affiliated, may be held liable for the resulting damage.

Therefore, the fault ratio in traffic accidents is not merely a technical ratio between drivers. It is also a fundamental criterion determining liability for compensation on the part of the driver, vehicle owner, operator, insurance company, and in some cases, the employer or administration.

Why does the percentage of fault directly affect compensation?

When calculating compensation in a traffic accident, the damages are first determined, then the degree of fault is applied. In other words, after the total damages suffered by the victim are calculated, only the portion of these damages corresponding to the other party's fault can be claimed.

For example, let's say a traffic accident results in a victim's total losses of 400,000 TL, including vehicle depreciation, damage costs, medical expenses, lost income, and other damages. If the other party is 100% at fault, the victim can claim the full amount. However, if the other party is 75% at fault and the victim is 25% at fault, the victim can, as a rule, claim only 300,000 TL, not the full 400,000 TL.

Therefore, the degree of fault in a traffic accident directly determines the mathematical outcome of the compensation. Even with the same amount of damage, a change in the degree of fault can significantly increase or decrease the compensation that can be received.

The Turkish Code of Obligations stipulates that the liability for torts is based on the principle that a person who causes harm to another through a negligent and unlawful act is obligated to compensate for that harm. The same Code states that the judge, when determining the scope of compensation, shall take into account the circumstances of the case, and especially the severity of the fault.

This regulation demonstrates that fault affects not only the existence of compensation, but also its scope and amount.

Can a person who is 100% at fault receive compensation?

If a person is found 100% at fault in a traffic accident, they generally cannot claim compensation from the other party. This is because they are held solely responsible for the accident. For example, if a driver who ran a red light, pulled out from a side road without checking for oncoming traffic, rear-ended another vehicle, or caused the accident while under the influence of alcohol is deemed 100% at fault, they may not be able to claim damages from the other party's insurance or from the other party themselves.

However, it is important to note that if a person is deemed 100% at fault in the initial accident report, this does not mean that the conclusion is definitive and irreversible. Accident reports can be inaccurate. The scene may have been misjudged. Camera recordings may not have been reviewed. Witness statements may not have been taken. Analysis of the impact point, brake marks, road conditions, traffic light phase, or speed may have been incomplete.

Therefore, even in cases where 100% fault is assessed, a definitive conclusion should not be reached without a technical investigation. Especially in traffic accidents involving injury and fatalities, the criminal case file, expert report, camera recordings, and on-site investigation must be thoroughly evaluated.

If the 100% fault report is incorrect, the fault percentage can be challenged and a new expert examination requested. Reducing the fault percentage from 100% to 75%, 50%, or even lower could completely change the right to compensation.

Is compensation possible in cases of partial fault?

If a victim of a traffic accident is partially at fault, this does not completely eliminate their right to compensation. In cases of partial fault, the calculated compensation can be claimed in proportion to the other party's degree of fault.

For example, if the total damage in an accident is calculated as 1,000,000 TL and the victim is 20% at fault and the other party is 80% at fault, the victim can, as a rule, claim 800,000 TL in compensation. Similarly, if the victim is 50% at fault, 50% of the calculated damage can be claimed.

According to the Turkish Code of Obligations, if the injured party has contributed to or increased the damage, the judge may reduce or completely eliminate the compensation. This provision is one of the fundamental principles for assessing contributory negligence in traffic accidents.

Contributory negligence refers to the injured party contributing to the occurrence of the accident or the increase of the damage. For example, not wearing a seatbelt, not wearing a helmet in a motorcycle accident, entering the road recklessly when there is a pedestrian crossing, not adhering to the speed limit, or neglecting the treatment process after an accident may give rise to a discussion of contributory negligence depending on the specific circumstances of the case.

However, contributory negligence is not automatically applied. In each case, the causal link between the conduct and the injury must be investigated. For example, a motorcyclist not wearing a helmet may be significant in a head injury; however, in a case involving only a leg fracture, not wearing a helmet would not always reduce the compensation.

How does the degree of fault affect monetary compensation?

Monetary compensation aims to cover the economic losses resulting from a traffic accident. Vehicle damage, vehicle depreciation, loss of use of the vehicle, medical expenses, temporary disability, permanent disability, caregiver expenses, loss of support compensation, and funeral expenses can all be considered within the scope of pecuniary compensation.

The degree of fault affects the total amount of compensation. For example, if the vehicle's depreciation is 100,000 TL and the other party is 70% at fault, the compensation that can be claimed will generally be 70,000 TL. If the permanent disability loss in an accident resulting in injury is calculated at 2,000,000 TL and the other party is 60% at fault, the compensation that can be claimed may decrease to 1,200,000 TL.

In fatal traffic accidents, compensation for loss of support is also affected by the degree of fault. If the deceased or another party is at fault, the monetary compensation that those who have lost support can claim may be reduced accordingly. However, since compensation for loss of support is an independent right arising solely for the person who has lost support, the fault and the relationship of support must be examined separately in each case.

The basic method to be followed in calculating monetary compensation is as follows:

First, the actual damage is determined.
Then, the fault rate is applied.
After that, the insurance limit (if any), previous payments, the date of default, and interest are evaluated.

Therefore, if the fault ratio is incorrectly determined, the result will be wrong even if the actuarial calculation is correct. An incorrect fault ratio can significantly reduce the victim's compensation.

How does the degree of fault affect compensation for non-pecuniary damages?

Compensation for moral damages is claimed due to the pain, distress, suffering, fear, psychological trauma, and decrease in quality of life experienced by the person harmed in the accident. In accidents resulting in injury, the injured person themselves can claim compensation for moral damages. In cases of serious bodily harm or death, relatives can also claim compensation for moral damages.

According to Article 56 of the Turkish Code of Obligations, in cases of bodily harm, the judge may, taking into account the circumstances of the event, order the payment of an appropriate amount of moral compensation to the injured party; in cases of serious bodily harm or death, moral compensation is also possible in favor of relatives.

While the degree of fault is important in determining moral damages, the calculation is not purely mathematical as in material damages. The judge considers several factors together: the manner in which the accident occurred, the severity of the fault, the nature of the injury, the treatment process, permanent disability, death, the social and economic status of the parties, the impact of the event on the victim, and the principles of equity.

For example, if a driver runs a red light and hits a pedestrian, drives under the influence of alcohol, speeds excessively, or hits a child at a school crossing, the severity of the fault can be a factor increasing the amount of compensation for non-pecuniary damages. Conversely, the victim's contribution to the accident to a certain extent can also be taken into account when determining compensation for non-pecuniary damages.

Non-pecuniary damages are not a means of unjust enrichment; however, they should not be set so low as to trivialize the severe trauma suffered by the victim. Therefore, the degree of fault is one of the fundamental factors guiding the judge's discretion in determining non-pecuniary damages.

Does the insurance company pay based on the degree of fault?

Compulsory traffic insurance covers damages caused by a negligent vehicle to third parties, within the policy limits. Therefore, the insurance company considers the degree of fault when making a payment. The insurance company's liability is generally proportional to the degree of fault of the other party.

For example, if the other party is 100% at fault in an accident, the insurance company may be liable for the entire damage within the policy limits. If the other party is 50% at fault, the insurance company will likely only pay for 50% of the damage.

However, the fault ratio used by the insurance company may not always be accurate. The insurance company may make a payment based on the accident report or its own expert assessment. If this assessment is incomplete or inaccurate, the amount the insurance company pays will also be insufficient.

According to Article 97 of the Highway Traffic Law, the injured party must submit a written application to the insurance company within the limits of mandatory financial liability insurance before resorting to legal action. If the insurance company does not respond to the application within the legal period, or if the response does not meet the request, then legal action or appeal to the Insurance Arbitration Commission can be considered. The Insurance Arbitration Commission also states that in traffic insurance cases, an appeal can be made if the insurance company does not respond within 15 days of the application or if the response does not meet the request.

Therefore, in cases of underpayment by the insurance company, the fault ratio should be examined separately, and if necessary, a new fault report should be requested through arbitration or litigation.

What is a Defect Report?

A fault report is a technical report that evaluates the degree of fault of the parties involved in a traffic accident, based on how the accident occurred. This report can be prepared by police officers, gendarmerie officers, insurance adjusters, expert witnesses, the Traffic Expertise Department of the Forensic Medicine Institute, or expert witnesses appointed by the court.

When preparing a fault report, the following are evaluated: scene sketch, accident report, damaged vehicle areas, impact point, brake marks, speed, road conditions, traffic signs, weather and visibility conditions, camera recordings, witness statements, and statements from the parties involved.

However, not every fault report is accurate. The report may be based on incomplete documentation. Camera footage may not have been reviewed. The point of impact may have been incorrectly identified. Traffic signs or light phases may have been disregarded. Driver statements may have been given undue weight. Therefore, fault reports should be carefully examined, especially in injury and fatal accidents with high potential for compensation claims.

It is not sufficient to look only at the conclusion section of the fault report. The reasoning behind the report, the evidence it is based on, which traffic rules were violated, whether a technical analysis of the incident was conducted, and why the fault percentage was determined in this way should all be evaluated.

Can a defect report be challenged?

You can appeal the fault report in a traffic accident. If you are unfairly blamed in the accident report or expert report, you can request that this be corrected on technical and legal grounds.

General statements are insufficient when objecting to a fault report. Instead of simply saying "We object to the report," the aspects in which the report is flawed must be clearly indicated. For example, if the point of impact was incorrectly assessed, if camera footage was not included in the report, if right-of-way was misinterpreted, if speed was not measured, if pedestrian crossings were ignored, or if the phase of the traffic light was not investigated, these should be stated concretely.

The following evidence is particularly important in the appeal:

Camera recordings,
crime scene photos,
vehicle damage photos,
witness statements,
traffic light cycle records,
CCTV or workplace camera footage,
criminal case file documents,
expert reports,
road diagrams and traffic signs,
speed and brake mark analysis.

The court or the Insurance Arbitration Board may request a new expert report if it finds the objection justified. In some cases, contradictions may arise between different reports. In this case, an additional report or a new expert panel report may be requested to resolve the contradiction.

Is the fault stated in the accident report definitively established?

Accident reports are important evidence; however, they are not always conclusive and binding. Accident reports concerning only material damage, prepared by the parties themselves, or those prepared by the police/gendarmerie, relate to the initial assessment of the accident. Errors are possible in these reports.

An objection to the accident report may be necessary, especially in the following situations:

If the traffic light was misinterpreted,
if pedestrian or school crossings were not taken into account,
if the position of the vehicles was incorrectly depicted,
if the fault ratio is inconsistent with how the incident occurred,
if witness statements were not taken,
if camera footage was not reviewed,
if right-of-way was misinterpreted,
if the statement of one of the drivers was taken as the basis, or
if the report contradicts the physical evidence at the scene.

In compensation lawsuits or arbitration proceedings, it is possible to conduct a new fault assessment despite the accident report. Therefore, it is not correct for the victim to waive their right to compensation simply because they were shown as at fault in the report.

How does the defect rate affect vehicle depreciation?

Vehicle depreciation is the decrease in the resale value of a vehicle after it has been repaired following a traffic accident. Even if the vehicle has been repaired, its market value may decrease due to the damage record. This loss is claimed according to the degree of fault.

For example, if the vehicle's depreciation is calculated at 120,000 TL and the other party is 100% at fault, the entire amount can be claimed. However, if the other party is 50% at fault, the amount of depreciation that can be claimed will be 60,000 TL.

In determining vehicle depreciation, factors such as the vehicle's age, mileage, damage history, replaced or repainted parts, pre-accident market value, and post-repair market value are all important, in addition to fault on the part of the party involved. However, regardless of the calculation method, the other party's degree of fault is one of the main factors determining the final compensation.

Insurance companies often base their compensation for diminished value claims on the percentage of fault. If the percentage of fault is incorrectly determined, the diminished value payment will also be insufficient. In this case, an objection should first be raised against the percentage of fault, and then against the calculation of the diminished value.

How does fault rate affect traffic accidents resulting in injury?

In traffic accidents resulting in injury, the impact of fault ratio can be much greater. This is because compensation items in injury cases are not limited to vehicle damage alone. Many items come into play, such as medical expenses, temporary disability, permanent disability, caregiver expenses, disruption of economic future, and compensation for non-pecuniary damages.

The degree of fault is extremely important, especially in permanent disability compensation cases. A high amount of compensation can be calculated taking into account the individual's disability rate, age, income, and profession. However, if the victim is at fault, the calculated amount may be claimed in proportion to the other party's fault.

For example, let's say a 30-year-old motorcycle rider's permanent disability loss is calculated at 3,000,000 TL. If the other party is 100% at fault, this loss can be claimed in full. However, if the motorcycle rider is deemed 40% at fault, the amount of compensation that can be claimed may decrease to 1,800,000 TL.

Therefore, in injury-related accidents, the fault report is as important as the disability report. In fact, in many cases, the two main reports that determine the outcome of the case are the fault report and the disability report.

How does fault rate affect fatal traffic accidents?

In fatal traffic accidents, compensation for loss of support, funeral expenses, and moral damages come into play. Article 53 of the Turkish Code of Obligations stipulates that in case of death, funeral expenses, medical expenses if death did not occur immediately, loss of earning capacity, and damages suffered by those deprived of the deceased's support can be claimed.

When calculating compensation for loss of support, the deceased's age, income, dependents, support shares, degree of fault, and actuarial criteria are taken into account. If the deceased was partially at fault in the accident, the monetary compensation that those deprived of support can claim may be reduced according to that degree of fault.

For example, let's say the total damages for the spouse and children deprived of the deceased's support are calculated at 4,000,000 TL. If the other party is deemed 75% at fault and the deceased 25% at fault, the amount of monetary compensation that can be claimed will, as a rule, be 3,000,000 TL.

In determining compensation for non-pecuniary damages, the fault of both the deceased and the other party is important. In particular, factors such as the other party being heavily at fault, driving under the influence of alcohol, speeding, running a red light, or hitting a pedestrian at a crosswalk can affect the assessment of non-pecuniary damages.

Fault Rate in Pedestrian Accidents

In pedestrian accidents, the degree of fault is of particular importance because pedestrians are more vulnerable than motorized vehicles. Drivers must be especially careful at pedestrian crossings, school crossings, intersections, bus stops, marketplaces, around hospitals, and in crowded areas.

The Highway Traffic Law stipulates that drivers must slow down when approaching pedestrian or school crossings that are not controlled by traffic officers or traffic lights but are marked with traffic signs, and must give priority to pedestrians who are crossing or about to cross.

Therefore, in accidents occurring at pedestrian crossings, the driver's fault may be considered more serious. However, if the pedestrian crossed at a red light, suddenly stepped into the road, or crossed the roadway uncontrollably despite a pedestrian crossing being nearby, the pedestrian's fault may also be debatable.

When assessing fault in pedestrian accidents, the pedestrian's age, the location of the accident, traffic lights, pedestrian crossings, visibility, driver speed, road conditions, and camera footage should all be considered. Drivers may be expected to have a higher level of attention when dealing with children, the elderly, or disabled pedestrians.

Fault Rate in Motorcycle Accidents

The degree of fault in motorcycle accidents is often more debatable because motorcycles are smaller, more mobile, and more vulnerable vehicles in traffic. Just as drivers have a responsibility to notice motorcycles, motorcycle riders must also adhere to speed limits, lane discipline, following distance regulations, and safe riding practices.

Common fault disputes in motorcycle accidents include the following:

Lane departure,
sudden maneuver,
turning at an intersection,
opening a car door,
exiting from a side road,
improper overtaking,
running a red light,
using the emergency lane,
speeding,
failing to maintain a safe following distance.

In some cases, a motorcyclist's failure to wear a helmet may be argued as contributory negligence. However, the impact of not wearing a helmet on compensation should be assessed according to the nature of the injury. If there is no head injury, it may not always be appropriate for not wearing a helmet to reduce compensation.

Does the compensation change if the degree of fault changes?

Yes. If the fault percentage changes, the amount of compensation also changes. Therefore, objecting to the fault report is the most critical step in many traffic accident cases.

For example, an insurance company might have offered to pay 250,000 TL based on 50% fault. However, if a new expert report determines that the other party is 100% at fault, the amount that can be claimed for the same damage could double.

Similarly, if a victim in a traffic accident resulting in injury is initially deemed 30% at fault but is later found to be blameless following an appeal, their permanent disability compensation may increase significantly. Therefore, the insurance company's initial assessment, accident report, or initial expert report should not always be considered the final outcome.

What should be done to appeal the fault percentage?

To challenge the fault ratio, all evidence in the case file must first be collected. The accident report, scene photographs, camera recordings, vehicle damage photographs, witness statements, hospital records, criminal file, and expert reports should be examined together.

The appeal letter should not only state that the report was not accepted; the technical error should be clearly indicated. For example:

“The point of impact was incorrectly determined in the report.”
“The pedestrian crossing was not taken into consideration.”
“An opinion was formed without examining the camera recordings.
” “Traffic light phases were not investigated.”
“Brake marks and speed assessment were not performed.”
“Witness statements were not reflected in the report.”
“The final position of the vehicles and the damage areas were assessed contradictorily.”

Making such concrete objections strengthens the possibility of obtaining a new report.

Fault Rate and Statute of Limitations in Traffic Accidents

When discussing the degree of fault, the statute of limitations should not be overlooked. According to Article 109 of the Highway Traffic Law, 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 incident resulted from an act punishable by law and a longer statute of limitations is stipulated in the penal code, this longer period also applies to claims for material compensation.

Therefore, objections to the fault report, insurance applications, arbitration, and litigation processes should not be delayed. Especially in traffic accidents resulting in injury or death, the criminal case file should also be followed, and deadlines should be carefully managed.

Common Mistakes Regarding Fault Ratio in Traffic Accidents

The most common mistake in traffic accidents is accepting the fault percentage stated in the accident report as definitive. However, the report may be inaccurate and can be changed through technical expert examination.

The second mistake is not challenging the fault rate determined by the insurance company. The insurance company can often make assessments that reduce its own liability for payment.

The third mistake is not evaluating the fault ratio and the compensation calculation separately. Even if the actual damage is high, if the fault ratio is incorrect, the compensation received will be insufficient.

The fourth mistake is underestimating the impact of fault on moral damages. Gross negligence can affect the amount of moral damages, especially in accidents resulting in death or serious injury.

The fifth mistake is failing to collect camera footage in a timely manner. Many workplace, site, CCTV, or vehicle camera recordings can be deleted quickly. Therefore, evidence should be collected immediately after the accident.

The sixth mistake is failing to follow up on the criminal case file. The fault report, witness statements, and camera recordings obtained in the criminal case file are extremely important in a compensation lawsuit.

Conclusion

In traffic accidents, the degree of fault is one of the most decisive factors in a compensation claim. Vehicle damage, depreciation, temporary disability, permanent disability, loss of support, and other material losses are claimed according to the degree of fault. In moral damages, the severity of fault directly influences the judge's discretion.

A person deemed 100% at fault may not be eligible for compensation as a rule. However, if the initial assessment of fault is incorrect, this result can be challenged. In cases of partial fault, the right to compensation does not disappear entirely; the calculated damages are claimed according to the other party's degree of fault.

Therefore, one of the first things to do after a traffic accident is to check whether the degree of fault has been correctly determined. The accident report, camera recordings, witness statements, criminal record certificate, photos of the scene, and expert reports should all be evaluated together.

In conclusion, the true value of a traffic accident compensation claim cannot be determined without accurately assessing the degree of fault. The insurance company's initial payment offer, the accident report, or the initial expert report should not always be accepted as definitive; if there is an erroneous assessment of fault, technical and legal avenues for appeal should be pursued. Accurate fault analysis is the most critical stage in the compensation process for the victim to reach their true loss.