Uncertain Claim and Compensation Lawsuit Arising from a Traffic Accident

Petition for an Unspecified Claim Arising from a Traffic Accident

TO THE DUTY PRIMARY CIVIL COURT
……….

PLAINTIFF:
Name and Surname – (Turkish Republic Identity Number: …) – Address

ATTORNEY:
Lawyer's Name and Surname – Address

DEFENDANTS:
1- Name and Surname – Address
2- Name and Surname – Address

SUBJECT: Our request is for the joint and several collection of … TL in material damages (an uncertain claim under Article 107 of the Code of Civil Procedure) from the defendants due to permanent bodily harm, loss of earning capacity, and loss of income suffered by our client as a result of a traffic accident; for a precautionary measure to be placed on the vehicle with license plate number … used by the defendant in the accident; and for consolidation with the case file numbered …/… E. of the … Civil Court of First Instance.

VALUE OF THE CLAIM:
… TL (rights to claim further amounts reserved).

EXPLANATIONS:

1. Accident and Fault Situation: On …/…/…, a traffic accident occurred when the tractor-trailer with license plate number … belonging to … Petrol İnş. Tarım Hayvan ve Tic. Ltd. Şti., driven and managed by the defendant …, carelessly and negligently made a left turn at the … Junction on the İskenderun road, colliding with the vehicle with license plate number … driven and managed by my client. In the traffic accident report, the defendant driver was found primarily at fault for violating Article 67 of the Traffic Law , and no fault was attributed to my client.
   
   

2. Client's Injury and Permanent Disability:
   The client, born in …, works as a general practitioner. As a result of the accident, the client suffered fractures in his spinal bones, underwent long-term treatment, and has not yet recovered. He has suffered a loss of working capacity and permanent disability to the extent that he cannot perform daily activities such as bending, carrying loads, and standing for long periods.
   In the expert report submitted to the … Civil Court of First Instance, file number …/… E., it was determined that the client a 17.2% disability .

3. Financial Losses:
   The client became incapacitated after the accident and is experiencing a significant loss of performance in their profession. In particular, they are unable to adequately perform their medical duties, which require emergency intervention. This situation has resulted in permanent loss of income.

4. Insurance Company's Liability:
   The defendant company's vehicle was covered by mandatory traffic insurance from … Insurance Inc. at the time of the accident. Therefore, the insurance company is also liable within the limits of the insurance policy.

5. Request for Consolidation: The client's case, numbered …/… E., concerning claims for temporary disability and moral damages, is still pending before the … Civil Court of First Instance. We request consolidation of both cases, which are based on the same traffic accident, for reasons of procedural economy
   

EVIDENCE:

1. … Public Prosecutor's Office's …/… Investigation and …/… non-prosecution file,

2. ...File number .../... E. of the Civil Court of First Instance,

3. Traffic accident report, accident scene sketch,

4. Expert reports (especially reports showing the disability rate),

5. The client's treatment reports and discharge summary documents,

6. Insurance policies, vehicle registration documents, and related traffic records

7. Social Security Institution (SGK) service record and income documents

8. Witness statements,

9. Inspection and expert examination,

10. Any other legal evidence.

LEGAL GROUNDS:

Turkish Commercial Code No. 2918, Turkish Code of Obligations No. 6098, Turkish Code of Civil Procedure No. 6100, Insurance Law and related legislation.

CONCLUSION AND REQUEST:

For the reasons stated and explained above;

1. For now, we request the collection of … TL in material compensation (with our rights regarding any excess amount reserved) from the defendants … and … jointly and severally .

2. In order to secure our compensation claim, we request that a precautionary measure be placed on the defendant's vehicle with license plate number …

3. This case file shall be merged with the case file numbered …/… E. of the … Civil Court of First Instance .

4. I respectfully request and demand that the court order the defendants to pay the court costs and attorney fees
   

…/…/…
Plaintiff's
Attorney Name and Surname
Signature

                                                                       YAĞMUR YORULMAZ, LAW FACULTY STUDENT