What should be done after a traffic accident?

This text is for general informational purposes only. The specifics of the case (fault, policy limit, injury, criminal record, CCTV footage, etc.) will directly affect the outcome.

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1) The first 10 minutes of an accident: "the right reflexes" save the case

In traffic accidents, loss of rights usually occurs due to mistakes made "after the accident, not at the time of the accident." Therefore, take your first steps in this order:

A) Safety and health check

• First, check if anyone is injured . If in doubt, call 112 .

• For road safety, turn on your hazard lights, install reflectors; if possible, secure your vehicles in a way that does not endanger traffic.

B) Situations in which you need to call the police/gendarmerie

If any of the following situations apply, call the traffic police (police/gendarmerie) instead of drawing up a report yourselves . Because a "mutual agreement" report cannot be drawn up in these situations:

• Single-vehicle accident (e.g., collision with a barrier, single-vehicle skidding)

• one of the parties does not have a driver's license or a license not suitable for the type of vehicle

• one of the vehicles does not have valid mandatory traffic insurance

• If one of the drivers is suspected of being under the influence of alcohol/drugs/stimulants

• the vehicle involved in the accident a public institution vehicle (except for exceptions)

• public property or property belonging to third parties has been damaged

• If the accident resulted in death and/or injury

Practical rule: If there is an injury/suspected alcohol use/public property/single vehicle involved, call an official team.

C) Evidence gathering: “Photograph + video + location + witness”

Make sure you create this package on your phone:

• General position of the vehicles (with road, lane, intersection, traffic light/sign visible)

• Close-up photos of the damage.

• Brake marks, broken glass, debris, oil leaks, road markings

• Short video (30–60 seconds) if possible.

• Location (map screenshot)

• Witness name/phone number

• If there is a workplace/camera nearby, add a note saying "camera present" (a quick written request may be needed later)

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2) What should an accident report look like, and how should it be evaluated?

A) The 5 most common mistakes in minutes

1. about the sketch is not its "beauty," but its accuracy to reality . The lane, direction, and collision point must be clear.

2. Instead of writing "I'm right," describe the situation (speed, lane, traffic lights, stop-and-go traffic).

3. Make sure all license plate, insurance policy, and driver's license information is complete.

4. Reports without photographs are generally weak (especially in allegations of intersection/lane violations).

5. Read every line of the minutes before signing them ; correct any errors.

B) Can the fault percentage be challenged?

Yes. A request for reassessment can only be made in cases of material errors or missing information. The circular stipulates that a reassessment can be requested within 5 business days of the notification of the fault rate (by submitting additional information/documents in accordance with the relevant procedure). Furthermore, the process can be tracked through the "KTT Inquiry and Appeal" screens in the SBM system

C) Mobile Accident Report (MAR)

SBM's Mobile Accident Report service Sigortam360 . Because the report and its attachments are processed digitally using this method, disputes over "they didn't send the report" are less frequent.

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3) Document checklist for the accident "file" after the accident

Regardless of the route chosen—insurance, arbitration, or court—these documents will support the case:

• Accident report / traffic police report

• Photos + video + location

• Photocopies of vehicle registration and driver's license

• Compulsory vehicle insurance policy information

• Service records, inspection report, parts list

• Repair invoices / payment documents

• For vehicle depreciation claims: pre- and post-damage market data, screenshots of the advertisement, etc.

• If there is an injury: medical report, prescription, treatment bills, sick leave certificate

• Witness information, camera footage request (if any)

Note: You can view your traffic insurance policy and damage information for vehicles registered in your name via the "Traffic Insurance Policy and Damage Information Inquiry" service on the e-Government portal .

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4) Mandatory insurance application: "Don't skip this before filing a lawsuit."

In mandatory financial liability insurance (traffic insurance), a written application must be submitted to the relevant insurance company before directly resorting to litigation/arbitration . If the insurance company does not respond in writing within 15 days or if its response does not meet the request, the injured party may file a lawsuit or apply for arbitration.

This clause represents the "most critical threshold" in practice:

• If you cannot prove your application (if there is no record), the process will be prolonged.

• If you submit your application with incomplete documents, the insurance company may effectively extend the processing time by citing "missing documents".

Suggestion: Submit your application through verifiable channels such as KEP/UETS/registered mail/email + delivery confirmation ; package attachments as PDF files.

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5) What types of compensation are involved in a traffic accident?

Multiple penile prolapses can occur in the same accident. The most common are:

5.1) Vehicle damage / repair cost

• Service invoice, parts list, and expert report are crucial.

• The debate over whether to "repair or total loss" is a technical matter; market value, damage rate, etc., are the important factors.

5.2) Vehicle depreciation

In the practice of the Supreme Court of Appeals, depreciation in value is assessed based on the difference between the vehicle's undamaged (pre-accident) second-hand market value and its second-hand market value after repair ; this may vary depending on factors such as the vehicle's make/model, age, mileage, and the nature of the damage.

Practical advice:

• Include data such as the vehicle's maintenance history prior to the accident, its condition (no paintwork or parts replaced), mileage, and sample advertisements in the file.

• The approach of "minor repairs were done, there will be no loss in value" is not valid in every case; what is decisive is market perception and the nature of the damage.

5.3) Vehicle deprivation / replacement vehicle cost (deprivation of use)

When a vehicle is in service, under certain conditions, "loss of use" damages may arise. In practice, Supreme Court decisions show that in addition to depreciation and damage repair, loss of use damages can also be claimed; assessment should be made on a case-by-case basis. For example, this item is discussed with reference to the Supreme Court's (closed) 17th Civil Chamber's decision numbered 2016/14941 E., 2017/7966 K.

Attention:

• You don't necessarily need to have rented a vehicle; however, issues such as "reasonable repair time," need for use, and economic loss must be strongly established in the case file.

• Documents such as the number of days the vehicle was in service, its use for work/working hours, and loss of income if it's a commercial vehicle are critical.

5.4) If there is an injury: items of monetary compensation

In cases of injury resulting from accidents, the following items may arise within the framework of the Turkish Code of Obligations (especially in cases of bodily harm): medical expenses, loss of earning capacity, temporary/permanent disability, caregiver expenses, etc. (depending on the specific case). The relevant provisions of the Turkish Code of Obligations primarily consider material damages in cases of bodily harm and death.

5.5) Non-pecuniary damages

Article 56/2 of the Turkish Code of Obligations stipulates that in cases of serious bodily harm or death, the relatives of the injured party/deceased may also be awarded an appropriate amount of moral compensation. Moral compensation is not a means of "enrichment"; its purpose is to provide satisfaction commensurate with the severity of the event (a measure of equity).

5.6) Compensation for loss of support (in case of death)

In fatal accidents, compensation for loss of support arises for those who have lost their dependents. The Supreme Court has a vast body of precedents in this area; for example, the Supreme Court's decision numbered 2017/17-1089 E., 2019/294 K. is relevant to these discussions.

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6) Time Limits: Statute of limitations and the "application without delay" rule

The time limits for traffic accident compensation claims may vary depending on the type of case. In general terms:

• In tort cases, Article 72 of the Turkish Code of Obligations stipulates maximum time limits, starting from the date of learning about the offense

• The Highway Traffic Law contains a statute of limitations provision specific to motor vehicle accidents (Article 109 of the Highway Traffic Law). In terms of text and application, aspects such as "date of learning" and "relationship with criminal statute of limitations" should be evaluated on a case-by-case basis.

Application recommendation: Due to the freshness of the evidence and the risk of camera recordings being deleted, early application, regardless of whether the statute of limitations has expired or not, is the most appropriate approach.

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7) Dispute resolution: Insurance arbitration or litigation?

A) Insurance Arbitration Commission

After submitting a written application to the insurance company, if the request is rejected or if no response is given within a specified period, arbitration can be pursued. The Commission's official FAQ section states that in the case of traffic insurance, an application can be made if the relevant institution 15 business days . The Commission's website also explains that applications can be made online and that the processes can be managed through e-transactions.

B) Litigation and (controversial) mandatory mediation

Although there are ongoing debates about "mandatory mediation" in insurance disputes, analyses of the Supreme Court's 4th Civil Chamber's decision, which was considered within the scope of reversal for the benefit of the law, indicate that Compulsory Motor Vehicle Liability Insurance (ZMSS) is not subject to mandatory mediation because it is regulated by the Road Traffic Law (KTK). 
Since this area is dynamic, it is necessary to conduct a case-specific analysis of current case law and jurisdiction/conditions before filing a lawsuit.

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8) Hard-hit scenarios like uninsured/fleeing vehicles: Guarantee Fund

The Guarantee Fund may become involved in cases such as the other vehicle being uninsured, the vehicle being unidentifiable (a fleeing vehicle), or certain exceptional circumstances . The Guarantee Fund's official website states that it is a non-profit institution established under Law No. 5684 and that it provides payments for bodily injuries within its scope. Application requirements and coverage should be examined separately in such cases.

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9) If you are constantly being contacted after a traffic accident: a brief warning

It is quite common in practice for some people to be "constantly contacted by law firms" after an accident. These calls include:

• Third parties have access to accident information

• Allegations of unauthorized data sharing,

• It can carry risks, such as suggestions like "Let me handle your case."
  

What should you do?

• Do not share personal information such as your Turkish ID number, address, health documents, IBAN, or signature with people who call you .

• Do not grant "power of attorney" for a case to anyone other than the lawyer you have authorized.

• the process official documents and written communication .

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Frequently Asked Questions

1) Is a police report always filed in accidents involving only material damage?
No. In cases such as single-vehicle accidents, driving without a license, lack of insurance, suspected alcohol use, damage to public/third-party property, injury/death, a negotiated report cannot be filed; a police team must be called.

2) What happens if I file a lawsuit without first contacting the insurance company?
According to Article 97 of the Turkish Road Traffic Law, a written application must be submitted first; procedural issues may arise, and the process could be prolonged.

3) What can I do if the defect rate is incorrect?
A reassessment can be requested with additional information and documents within a specified period (5 business days according to the circular) from the date of notification; there are also appeal channels within the SBM system.

4) Is the depreciation in value determined "definitely"?
It is not automatic in every case. However, in the practice of the Supreme Court's General Assembly, it is emphasized that the depreciation in value should be determined based on the difference in market value before/after the accident and according to the characteristics of the vehicle.

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Conclusion: 3 golden rules

1. Gather evidence (photos/videos/witnesses/location)

2. Correct report + correct procedure (call for assistance where necessary)

3. Rushing to court/arbitration without first applying to the insurance company in writing.