In a fatal traffic accident, compensation is divided between two separate groups of beneficiaries: heirs (funeral expenses, losses caused by the death) and those suffering loss of support (those who benefited from the deceased's assistance). This distinction is critical for directing compensation to the right place.
What is fatal accident compensation?
Under TCO Art. 53, in case of death, funeral and burial costs, losses caused by the death and loss of support damages can be claimed. Specifically for traffic accidents, these claims are directed under KTK Art. 85 et seq. to the ZMSS insurer and, if the limit is exceeded, to the operator and the driver.
Heads of claim
| Item | Claimant | Legal basis |
|---|---|---|
| Funeral and burial costs | Heirs / the person who bore the costs | TCO Art. 53/1 |
| Losses caused by the death | Heirs | TCO Art. 53/2 |
| Loss of support | Supported relatives | TCO Art. 53/3, KTK Art. 90 |
| Damage to the deceased's vehicle | Heirs (estate) | TCO Art. 49 et seq. |
Who can claim?
- Funeral expenses: The heirs of the deceased; the person who actually covered the expense can also make a claim.
- Loss of support: Spouse, children, parents, siblings and persons in a de facto support relationship (fiancé(e), long-term cohabitant, etc.).
- Losses caused by the death: The heirs of the deceased.
Note: The concept of "support" refers to a relationship of actual assistance, not necessarily a legal maintenance obligation. The Court of Cassation considers the existence of regular assistance sufficient.
Order of heirship
Statutory heirs under TCC Art. 495 et seq.:
- Descendants: Children and grandchildren (together with the spouse).
- Parents: If there are no descendants (together with the spouse).
- Grandparents: If there are no parents (together with the spouse).
- Surviving spouse: An heir in every case; the share varies with the class of heirs.
Statute of limitations
KTK Art. 109: 2 years / 10 years. However, since the act in a fatal accident constitutes the crime of negligent homicide, the extended criminal statute of limitations (15 years) may apply under TPC No. 5237 Art. 85. In this case, the criminal statute of limitations also applies in the compensation action.
Caution: Funeral expenses and estate items cannot be claimed without a certificate of heirship (veraset ilamı). This certificate is not a precondition for the action, but it determines the identity of the claim.
Frequently asked questions
Who can receive compensation?
Relatives suffering loss of support and heirs. The two groups are entitled to different items.
Who claims funeral expenses?
The heirs or the person who actually covered the expense (TCO Art. 53/1).
Does the spouse's likelihood of remarriage affect compensation?
Yes. The Court of Cassation may shorten the support period by assessing the chance of remarriage of a young and childless spouse.
Is the SGK death pension offset?
Yes. It is offset against loss of support compensation on the basis of its initial capitalized value.
What is the statute of limitations?
KTK Art. 109: 2/10 years; the extended criminal statute of limitations (15 years) may apply because of negligent homicide.
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