Obligation to Apply to the Insurance Company and the Traffic Accident Compensation Process

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What is the obligation to apply to the insurance company?

One of the most frequently asked questions by individuals seeking compensation after a traffic accident is whether they can file a lawsuit directly. Especially in traffic accidents involving injury, death, or property damage, victims often don't know how to proceed against the other driver, vehicle owner, or insurance company. In Turkish law, filing a claim against an insurance company is of great importance in compensation claims arising from traffic accidents, particularly under mandatory liability insurance.

According to Article 97 of the Highway Traffic Law, the injured party must submit a written application to the relevant insurance company before resorting to legal action within the limits of their mandatory financial liability insurance. If the insurance company does not respond in writing within 15 days of the application date, or if its response does not meet the claim, the injured party may file a lawsuit or apply to the Insurance Arbitration Commission within the framework of Law No. 5684.

This regulation is extremely important in practice. Because going directly to court or arbitration without properly applying to the insurance company may lead to the application being questioned in terms of procedural requirements or preconditions. Therefore, the first step for a traffic accident victim is to make a written application to the correct insurance company, along with documents appropriate to the nature of the accident.

Why is applying for insurance after a traffic accident important?

The traffic accident compensation process is not limited to filing a lawsuit. In fact, in many cases, the application made to the insurance company before the lawsuit is filed determines the outcome of the process. An incomplete, incorrect, or misleading application may result in the insurance company refusing to pay, offering a lower payment, or prolonging the process.

The insurance claim formally outlines which damages the victim is requesting. For example, if the vehicle has not only repair costs but also depreciation in value, this must be clearly stated. In traffic accidents resulting in injury, not only medical expenses but also temporary disability, permanent disability, caregiver expenses, and other financial losses should be considered. In fatal traffic accidents, compensation for loss of support, funeral expenses, and other financial losses may be considered.

The application is also important in terms of the insurance company's default, payment period, arbitration, or the emergence of a right to sue. According to Article 99 of the Highway Traffic Law, the insurer is obliged to pay the amounts within the limits of compulsory financial liability insurance within eight business days from the date the claimant submits the accident or damage report or expert report to one of the insurance company's headquarters or branches.

The two time periods should not be confused here. The 8-business-day period is important in terms of the insurer's payment obligation. The 15-day period, on the other hand, is particularly important in terms of being able to pursue legal action or the Insurance Arbitration Commission if the application is unsuccessful.

Which damages can be claimed from the insurance company?

The damages that can be claimed from the insurance company after a traffic accident vary depending on the type of accident. In traffic accidents involving only material damage, the cost of vehicle damage, vehicle depreciation, and in some cases other material damages come into play. In traffic accidents resulting in injury, compensation for temporary disability, compensation for permanent disability, caregiver expenses, treatment-related expenses, and damages arising from the disruption of economic future can be claimed. In traffic accidents resulting in death, compensation for loss of support and funeral expenses are the main items of material compensation.

The scope of compulsory traffic insurance is limited by the policy limit and general terms and conditions. With the amendment to the General Terms and Conditions of Compulsory Motor Vehicle Liability Insurance dated June 12, 2026, it has been stipulated that vehicle depreciation, within the scope of material damage coverage, is also considered as a direct decrease in the value of goods; the depreciation will be determined by considering the difference between the pre-accident and post-repair resale value of the vehicle. The effective date of these amendments is stated as July 1, 2026.

Within the scope of the same general terms and conditions amendment, health expenses, disability coverage, and loss of support coverage have also been regulated as separate headings. Temporary and permanent disability of the victim due to a traffic accident is covered under disability coverage; while losses incurred due to the death of a third party are covered under loss of support coverage.

However, caution should also be exercised regarding claims for moral damages. Article 92 of the Highway Traffic Law states that claims for moral damages are outside the scope of mandatory financial liability insurance. Therefore, claims for moral damages are often directed to the driver, operator, vehicle owner, or, if applicable, to the optional financial liability insurance company.

Which insurance company should I apply to?

In the case of a traffic accident, the insurance company to which the injured party should apply is, as a rule, the company that issued the mandatory traffic insurance for the vehicle at fault that caused the accident. If more than one vehicle is involved in the accident, the fault status and insurance policies of each vehicle must be examined separately. In chain-reaction accidents, commercial vehicle accidents, and accidents involving service vehicles or company vehicles, correctly identifying those responsible is even more crucial.

In claims for vehicle depreciation or vehicle damage costs, the injured vehicle owner applies to the other party's traffic insurance. Even if payment is received from their own comprehensive insurance, it may still be necessary to pursue the insurance of the at-fault party or those responsible for the depreciation and other damages.

In traffic accidents resulting in injury, claims for bodily harm suffered by the victim are made to the traffic insurance of the vehicle at fault. If the vehicle that caused the accident is uninsured, cannot be identified, or the insurance company has gone bankrupt, the possibility of applying to the Guarantee Fund should be considered separately. In such cases, the application procedure and required documents may differ.

In fatal traffic accidents, the spouse, child, mother, father, or other person who can prove a relationship of support who has been deprived of support can apply to the traffic insurance of the vehicle at fault. Here, it is not sufficient for the applicants to simply be heirs; the relationship of support and the amount of damage must be accurately demonstrated.

How to Apply to an Insurance Company?

Applications to the insurance company must be made in writing. Applications can be submitted to the insurance company's head office, the relevant claims department, regional office, agency, or through electronic application channels accepted by the company. It is crucial that the application is verifiable. Therefore, applications should be submitted via registered mail, notary public, KEP (Registered Electronic Mail), the insurance company's registered online system, or through written methods showing receipt.

The application must include the following information: date of the accident, location of the accident, license plates of the vehicles involved, policy information (if known), applicant's identification and contact information, type of damage, requested compensation items, bank account information, and any supporting documents.

Simply stating "we are requesting compensation" in the application is not sufficient. The specific claims must be clearly listed. For example, claims such as "vehicle depreciation," "damage costs," "temporary disability," "permanent disability," "caregiver expenses," and "loss of support compensation" must be specified separately.

At the end of the application, it should be stated that the insurance company must make the payment within the legal timeframe, that any missing documents should be notified in writing, and that legal action/arbitration will be pursued if payment is not made.

What documents are required for the application?

The required documents vary depending on the type of accident. In traffic accidents involving only material damage, the following are generally required: accident report, traffic police or gendarmerie report, vehicle registration certificate, driver's license, insurance policy, photos of the damage, expert report, repair invoice, service records, Tramer (Turkish vehicle damage registry) records, and the vehicle owner's bank information.

In vehicle depreciation claims, documents showing the vehicle's condition before and after an accident are crucial. Expertise reports, damage records, service documents showing replaced and repainted parts, vehicle mileage, previous damage history, and market value documents strengthen the claim.

In cases of traffic accidents resulting in injury, in addition to the accident report, hospital records, medical reports, surgical records, physical therapy documents, forensic reports, disability reports, social security records, payslips, bank statements, income documents, and, if applicable, criminal record documents should be attached to the application.

In fatal traffic accidents, the following documents are important: death certificate, burial permit, inheritance certificate, detailed population register extract, documents showing the dependent relationship, income documents of the deceased, social security service record, payslip, bank records, documents related to funeral expenses, and criminal case file documents.

The application process to the Insurance Arbitration Commission requires the application form, identification document, proof of application fee, a document showing the insurance company's negative response or lack of response, and other documents proving the claim. The Commission states that for electronic applications, the application form is generated through the system; for physical applications, a form with a wet signature must be submitted.

What should be done if missing documents are requested?

Insurance companies often request missing documents after the application is submitted. While this request may be justified, in some cases, unnecessary documents or documents that the insurance company could already provide may be requested to prolong the process. Therefore, requests for missing documents should be carefully examined.

If any documents that are genuinely required for the application are missing, they must be completed. However, if the insurance company requests documents that the victim cannot obtain or that are not essential for the claim, a written response must be provided. For example, if a disability report cannot yet be obtained, the application can be made with existing health documents, stating that the treatment process is ongoing. In death cases, the relationship of support must be established not only with a certificate of inheritance but also with population records, income documents, and socio-economic status.

All correspondence during the application process must be kept. This is because later, when going to the Insurance Arbitration Commission or to court, it will be necessary to prove that an application was made to the insurance company, what documents were submitted, and how the insurance company responded.

What happens if the insurance company doesn't respond within 15 days?

If the insurance company does not respond to the application within 15 days, or if its response does not meet the request, the injured party can then apply to the Insurance Arbitration Commission or file a lawsuit. The Insurance Arbitration Commission's frequently asked questions section also states that a written application must be made to the relevant insurance company before applying to the Commission; and that in the case of traffic insurance, an application to the Commission can only be made if there is no response within 15 days or if the request is not met.

At this point, it is not necessary for the insurance company to give an explicit refusal. A partial payment, a very low payment offer, rejection of some of the claim items, or no response at all within 15 days may be sufficient to create a dispute.

However, the application must be properly submitted. If no application is made, or if it is unclear what claim is being made, procedural objections may be raised during the litigation or arbitration phase. Therefore, the application must be clear, well-documented, and verifiable.

What to do if the insurance company makes an underpayment?

One of the most common problems in traffic accident cases is underpayment by insurance companies. Underpayment can occur due to incorrect fault ratios, underestimation of income, incorrect disability rates, undercalculation of depreciation, incorrect application of policy limits, or the complete disregard of certain damage items.

The payment made by the insurance company does not always reflect the true extent of the damage. Especially in traffic accidents resulting in injury, accepting a payment without fully determining the victim's permanent disability, conducting an income assessment, or verifying actuarial calculations can lead to serious loss of rights. Similarly, in cases of vehicle depreciation, the amount offered by the insurance company may be less than the vehicle's actual market value.

In case of underpayment, the remaining compensation can be claimed. However, the documents signed when receiving payment are very important. Documents containing statements such as "I have received all my rights," "I have no further claims," ​​or "I settle and release" may cause problems in the future. According to Article 111 of the Highway Traffic Law, agreements that eliminate or reduce legal liability are invalid; furthermore, agreements that are clearly insufficient or excessive regarding compensation amounts can be canceled within two years from the date they were made.

Therefore, before receiving an insurance payment, the payment items, fault rate, calculation method, policy limit, and release text must be carefully reviewed.

Insurance Arbitration Commission or Lawsuit?

When an application to the insurance company is unsuccessful, the victim has two main options: applying to the Insurance Arbitration Commission or filing a lawsuit in court. Which option is chosen depends on the type of case.

The Insurance Arbitration Commission can be a quick solution, especially for claims against insurance companies. Arbitration is frequently preferred for claims for financial losses covered by insurance, such as vehicle depreciation, damage costs, permanent disability, and loss of support compensation. However, to apply to the Commission, the dispute must not have been previously brought before a court, a consumer arbitration board, or another arbitration body.

A court case is particularly important in cases involving multiple defendants. If the driver, vehicle owner, operator, company, employer, voluntary liability insurer, and claims for moral damages are to be considered together, a court case may be more appropriate.

Arbitration is fast; however, it may not be the best approach in every case. Court proceedings may take longer; however, they can provide opportunities for gathering more comprehensive evidence, addressing multiple defendants, and pursuing claims for moral damages together. Therefore, when making a decision, one should consider not only the timeframe but also the scope of the case and the targeted compensation items.

Is Mediation Necessary?

In some compensation lawsuits filed against insurance companies, mandatory mediation may be considered due to the commercial nature of the case and the monetary claim involved. Therefore, after applying to the insurance company, it should be further assessed whether mediation is a prerequisite before filing a lawsuit directly.

The order here is important. First, a written application must be made to the insurance company, a dispute must arise from the insurance company's response or lack thereof, and then, if a lawsuit is to be filed, the mediation requirement should be evaluated. If the Insurance Arbitration Commission route is preferred, arbitration procedure will be applied instead of mediation.

Especially if a lawsuit is to be filed against the driver and the business owner in addition to the insurance company, the competent court, mandatory mediation, and litigation strategy should be planned together. An incorrect procedural sequence can lead to a legitimate compensation claim being dismissed on procedural grounds or to the process being unnecessarily prolonged.

Competent and Authorized Court

The court with jurisdiction in traffic accident compensation cases varies depending on the status of the defendants and the nature of the dispute. In cases filed against insurance companies, the Commercial Court of First Instance is usually the competent court. In tort-based cases filed against the driver or operator, the Civil Court of First Instance is the competent court. In cases where the defendants are listed together, the issue of jurisdiction must be examined separately.

In terms of jurisdiction, Article 110 of the Highway Traffic Law is important. According to this article, lawsuits concerning legal liability arising from motor vehicle accidents can be filed in the court located where the insurer's headquarters or branch, or the agent who made the insurance contract, is located, or in the court where the accident occurred.

In practice, the place of residence of the injured party, the location of the accident, the location of the insurance company's headquarters or branch, and the places of residence of the defendants are strategically considered. Filing a lawsuit in the correct court is important for a faster and more effective trial.

Statute of Limitations

The statute of limitations for claims for monetary compensation arising from traffic accidents is regulated in Article 109 of the Highway Traffic Law. According to this article, 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 arises from an act punishable by law and the penal code prescribes a longer statute of limitations, that longer period also applies to claims for monetary compensation.

In traffic accidents resulting in injury or death, the statute of limitations for criminal offenses may come into play, therefore, the statute of limitations must be calculated separately for each case. In traffic accidents involving only material damage, the general two and ten-year periods are generally considered. However, the impact of processes such as insurance applications, arbitration, litigation, mediation, payment, and release on the statute of limitations should be evaluated separately.

To avoid losing your rights, evidence should be collected as soon as possible after a traffic accident, the application to the insurance company should not be delayed, and the lawsuit/arbitration strategy should be determined before the statute of limitations expires.

Common Mistakes in Traffic Accident Compensation Processes

The most common mistake made by victims of traffic accidents is submitting incomplete documents to the insurance company. Missing documents allow the insurance company to prolong the process. The application must clearly state which compensation items are being claimed.

The second mistake is assuming the insurance company's initial offer represents the actual damage. The insurance company's payment offer does not always cover the victim's full loss. Independent calculations should be made, especially in cases involving permanent disability, loss of support, and vehicle depreciation.

The third mistake is to accept the fault percentage stated in the accident report as definitive. The fault percentage can vary depending on expert examination, camera footage, witness statements, and the contents of the criminal case file.

The fourth mistake is thinking that moral damages can be claimed from traffic insurance. In most cases, moral damages should be claimed from those liable outside of the insurance company.

The fifth mistake is confusing vehicle loss with vehicle depreciation. Depreciation is the decrease in the resale value of a vehicle. Vehicle loss, on the other hand, is the damage related to the period the vehicle is unusable and may not always be covered under motor insurance.

The sixth mistake is signing a release or settlement agreement without reading it. Broad release agreements signed in exchange for insufficient payment can make it difficult to claim remaining compensation later.

Conclusion

Applying to an insurance company for compensation after a traffic accident is not merely a formality. A well-prepared application forms the foundation of the compensation process. The application should clearly state how the accident occurred, the degree of fault, the items of damage, the relevant documents, and the amount requested.

If the insurance company does not respond within 15 days, or if its response does not meet the claim, the injured party may apply to the Insurance Arbitration Commission or file a lawsuit. However, whether to pursue arbitration or litigation should be determined based on the nature of the case, the number of defendants, the types of compensation requested, the possibility of moral damages, the policy limit, and the evidence presented.

For victims of traffic accidents, the safest approach is to act according to the actual damages calculated, not the insurance company's initial offer. Vehicle depreciation, damage costs, temporary and permanent disability, loss of support, caregiver expenses, medical treatment-related expenses, and compensation for non-pecuniary damages should all be assessed separately.

In conclusion, to avoid losing rights in the traffic accident compensation process, evidence must be preserved, a proper application must be made to the insurance company, the risks of underpayment and release must be carefully examined, and arbitration or litigation must be strategically chosen. The correct application and the right legal path are crucial for the victim to obtain the true damages they have suffered.