PETITION FOR COMPENSATION CLAIM FILED DUE TO ACCIDENT

TO THE DUTY PRIMARY COMMERCIAL COURT

PLAINTIFF: Ayşe YILMAZ (Turkish Republic Identity Number: 12345678987) – Address: … (Residence)
REPRESENTATIVE: Attorney Yağmur Yumlu
DEFENDANT: Guarantee Fund – Büyükdere Cad. No:… Şişli/ISTANBUL (legal headquarters)
SUBJECT OF CLAIM: While reserving our rights regarding further claims; for the time being

• 60,000.00 TL temporary disabilitybenefit
• 120,000.00 TL permanent disability
• 15,000.00 TL caregiver/companion
• 10,000.00 TL for treatment, medication, physical therapy, and travel expenses.

Our claim consists of the collection of a total of 205,000.00 TL in material damages , together with legal interest from the day following the expiry of the 15-day legal period from the date of written application to the defendant Guarantee Fund (date of default) . (Traffic Law Article 97)

EXPLANATIONS

1. Accident and Fault: My client was struck by a motorcycle with an unidentified license plate that fled the scene while crossing the pedestrian crossing on İncirli Street in Bakırköy/Istanbul at approximately 8:35 PM on May 12, 2025. The impact caused him to fall to the ground and sustain injuries. The incident is documented in a traffic accident report , a police on-site investigation report , and CCTV footage from nearby businesses . (The footage will be provided on a USB drive.)
   
2. Bodily Injury and Treatment Process: The client sustained a left tibia/fibula fracture . Following initial treatment at the emergency room of the State Hospital , an open reduction and internal fixation operation with plate and screws was performed at the Private Hospital . The client underwent 45 days of absolute rest, followed by 20 sessions of physical therapy. The medical board assessment (to be requested during the trial) based on the Forensic Medicine Institute report predicts a 12% permanent disability . The Supreme Court's practice is that disability assessments must be conducted according to the legislation in effect at the time of the accident .
   
3. Application to the Guarantee Fund and Default: Due to the circumstances at the time of the accident, it was not possible to identify the vehicle/motorcycle , and the compulsory traffic insurer could not be reached . Therefore, liability for bodily injuries rests with the Guarantee Fund . (Law No. 5684, Article 14; Scope of the Guarantee Fund) The Guarantee Fund only covers bodily injuries; moral damages are not covered. My client submitted a written application to the defendant on July 15, 2025 , and provided the necessary documents. As per Article 97 of the Traffic Law, the insurer/Guarantee Fund failed to make the payment within 15 days, and therefore defaulted as of July 30, 2025 .
   
4. Legal Liability and Interest:
   The liability of the Defendant Guarantee Fund bodily injuries caused by uninsured/unidentified vehicles ; claims for temporary or permanent disability, caregiver/attendant expenses, and treatment/travel expenses can be made within this scope. Interest commences 15 days after the application (default).

LEGAL GROUNDS

Turkish Code of Obligations Articles 49, 50, 51, 54–55; Turkish Road Traffic Law Articles 85, 86, 97; Insurance Law No. 5684 Article 14 Guarantee Fund Regulation; Code of Civil Procedure and all relevant legislation and Supreme Court precedents (Scope of the Guarantee Fund and the exclusion of non-pecuniary damages; determination of disability according to the legislation in force at the time of the incident; application-default regime.)

EVIDENCE

1. Traffic accident investigation and witness reports, scene photographs and camera recordings,
2. Initial and subsequent hospital/epicrisis records, surgical notes, invoices and payment documents,
3. Prescription/medication/physiotherapy documents, travel and accompanying person expense receipts,
4. Social Security Institution (SGK) service record, payrolls (earnings data),
5. The application form and its attachments to the Guarantee Fund , along with a receipt from the PTT (Turkish Post Office) confirming the response/lack of response , have been received with a signature
6. Mandatory (commercial) mediation final report (if any),
7. Expert examination, Forensic Medicine Institute report, witnesses, and other legal evidence.
   (We reserve the right to increase and expand the numbered pieces of evidence within the scope of the file.)

CONCLUSION AND REQUEST

For the reasons explained above;

1. Without prejudice to our rights regarding further claims, we hereby request that the defendant, the Guarantee Fund , pay us 205,000.00 TL in material compensation , along with legal interest from July 31, 2025 (15 days after the application date)
2. The court costs and attorney's fees shall be borne by the defendant.
3. A report should be obtained from the Forensic Medicine Institute to determine the client's disability rate according to the legislation in effect at the time of the incident
4. An expert examination should be conducted regarding the compensation items .

We respectfully request and demand that a decision be made. 13/10/2025

Plaintiff's Attorney
, Yağmur YUMLU
(Signature)

ADDITIONAL:

1. 1) Application form and receipt/response letter, 2) Mediation final report (if any), 3) Minutes, 4) Epicrisis – invoices, 5) Video recording samples, 6) Social Security Institution – payroll, 7) Power of attorney sample, ..