Traffic accident compensation is the redress, under the provisions of Highway Traffic Law (KTK) Art. 85 et seq., of bodily harm (injury, disability, death) caused during the operation of a motor vehicle. As a rule, the injured party's claim is directed to the insurer under Compulsory Financial Liability Insurance (ZMSS); if the limit is exceeded, the driver and the vehicle operator are liable.
What is traffic accident compensation?
Under KTK Art. 85, if harm is caused to a person during the operation of a motor vehicle, the operator and the driver are obliged to redress that harm. This liability is based on strict liability — the operator's liability for the accident may arise even if the driver is not at fault. The burden of proving absence of fault lies with the operator/driver (Art. 85/2).
In practice, most injured parties direct their claim straight to the ZMSS insurer. ZMSS pays within the policy limits per accident; for the portion above the limit, an action is brought against the vehicle operator and the driver under the general provisions.
Note: ZMSS covers bodily harm (injury, permanent/temporary incapacity, death, loss of support). For material damage such as vehicle depreciation and vehicle damage, kasko (comprehensive vehicle insurance)/the general provisions apply.
Items that can be claimed
| Item | Case | Claimant | Mandatory basis |
|---|---|---|---|
| Permanent incapacity | Injury / disability | Injured party | TCO Art. 54, KTK Art. 90 |
| Temporary incapacity | Recovery period | Injured party | TCO Art. 54/2 |
| Caregiver costs / medical expenses | Injury | Injured party | TCO Art. 54 |
| Loss of support | Death | Supported relatives | TCO Art. 53/3, KTK Art. 90 |
| Funeral and burial expenses | Death | Heirs of the deceased | TCO Art. 53/1 |
| Losses incurred in the event of death | Death | Heirs | TCO Art. 53/2 |
Who can claim?
- Injured party (in case of injury): The person whose bodily integrity has been violated.
- Those suffering loss of support (in case of death): The spouse, children, parents and siblings who benefited from the deceased's assistance, and persons in a de facto support relationship.
- Heirs: For funeral and burial expenses and items under TCO Art. 53/2.
- SGK: Has recourse against the liable parties for the temporary/permanent incapacity income or death pension it has paid (this reduces the injured party's claim).
How is the calculation made?
Bodily harm compensation is calculated by an actuarial expert using the TRH-2010 life table and the %1,8 technical interest/progressive annuity method. The basic formula for permanent incapacity:
Permanent incapacity — simple example
| Age of the injured party | 35 |
| Monthly net income (above minimum wage) | 22.000 ₺ |
| Degree of disability (Forensic Medicine) | %18 |
| Remaining life expectancy (TRH-2010) | ~38 years |
| Fault rate (injured party) | %0 |
| Result of the actuarial calculation | ≈ 1.350.000 ₺ |
The actual calculation varies with parameters such as the SGK initial capitalized value deduction, the support period, the likelihood of remarriage and the number of children. This table gives only an idea of magnitude.
ZMSS and the Insurance Arbitration Commission
ZMSS pays within the bodily harm limit per accident (the current amount stated in the general policy conditions for 2026). After applying to the insurer:
- If the insurer does not respond within 15 days,
- If its offer is inadequate or it refuses,
- An application can be made to the Insurance Arbitration Commission (free of charge, fast route).
The arbitration route is not mandatory; an action can also be brought directly before the Commercial Court of First Instance. Arbitration decisions cannot be appealed to the Court of Cassation, and the route of objection is limited.
Caution: Bringing an action directly without applying to the insurer may create a disadvantage regarding the start date of interest and litigation costs. As a rule, a written application should first be made to the insurer.
Statute of limitations
Statute of limitations against the ZMSS insurer under KTK Art. 109:
- 2 years from the date of learning of the damage and the liable party,
- In any event, 10 years from the accident date.
However, if the act also constitutes a crime (negligent injury/homicide), the criminal statute of limitations applies when it is longer. For this reason, particularly in fatal accidents, the statute of limitations defense is a serious line of defense and requires technical review.
Subtopics
Frequently asked questions
To whom is traffic accident compensation paid?
In case of injury it is paid to the injured party; in case of death, to the relatives supported by the deceased. The liable parties are the driver, the operator and the ZMSS insurer.
Can I receive compensation even if I am the party at fault?
Yes, but a reduction is made equal to your fault rate. Under KTK Art. 88 the fault rate directly affects compensation; if you are %100 at fault, as a rule no compensation arises.
What should I do if the insurance company makes a low offer?
You are not obliged to accept the offer. You can determine the actual amount with an actuarial report and apply to the Insurance Arbitration Commission or to the court.
Are SGK payments deducted from compensation?
Yes. The temporary incapacity, permanent incapacity income and death pension paid by SGK are offset against compensation on the basis of their initial capitalized value.
Can an action still be brought if the accident date is old?
As a rule, an action must be brought within 10 years from the accident date. If the act constitutes a crime, the criminal statute of limitations may apply. Be sure to obtain a specialist's opinion.
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