Can compensation for caregiver costs be claimed?

Yes. According to the settled practice of the Court of Cassation, caregiver costs may be claimed for an accident victim who has come to depend on the care of others. Even if the caregiver is a relative, the calculation is made on the basis of the minimum wage.

After how many years does the statute of limitations bar injury compensation?

Under KTK Art. 109, 2 years from learning of the damage and the liable party, and in any case 10 years from the accident date. If the act constitutes a crime, the criminal statute of limitations period may apply.

Is compensation also calculated for past accidents?

Yes. Even if the accident date is in the past, the calculation is made by updating the data as of the accident date; the update is applied according to Court of Cassation criteria.

Traffic Accident Injury Compensation 2026 — Calculation

Q: How is the permanent incapacity rate determined?

The degree of disability is determined by the Council of Forensic Medicine or authorized university hospitals, according to the nature of the injury (Regulation on Disability Criteria or Regulation on Loss of Working Capacity). The degree is the basic multiplier of the compensation.

Traffic accident injury compensation is the redress of pecuniary damage claimed under TCO Art. 54 and KTK Art. 90 by a person whose bodily integrity was violated as a result of the accident. The items vary according to whether the injury is lasting after the accident.

What is compensation for an accident with injury?

A person injured in an accident can claim the items of treatment costs, incapacity (temporary + permanent), caregiver costs and impairment of their economic future. The claim is directed to the driver at fault + the vehicle operator + the ZMSS insurer.

Heads of claim

Item	Description	Legal basis
Permanent incapacity	Loss of income based on the degree of permanent disability	TCO Art. 54/1
Temporary incapacity	Loss of income during the recovery period	TCO Art. 54/2
Caregiver costs	Dependence on another person's care	TCO Art. 54/1
Treatment costs	Private treatment, medication and physical therapy outside SGK	TCO Art. 54/1
Impairment of economic future	Loss of career and promotion (exceptional)	TCO Art. 54/1

How is the degree of disability determined?

The degree of disability is determined by a report issued by the Council of Forensic Medicine or authorized university hospitals. The applicable regulation differs according to the date of injury:

After 11.10.2008: Regulation on the Disability Criteria and Classification and the Health Board Reports to be Issued to Persons with Disabilities.
Work accidents and occupational diseases after 01.09.2013: Regulation on the Procedures for Determining Loss of Working Capacity and Loss of Earning Capacity in the Profession.
If the degree of disability is below %10: Permanent incapacity compensation generally does not arise (Court of Cassation criterion).

Note: Even if the degree of disability is below %10, temporary incapacity, caregiver costs and medical expenses can be claimed separately.

Calculation and formula

Permanent incapacity compensation is calculated by an actuarial expert. Key parameters:

Age of the injured party and remaining life expectancy (TRH-2010): the exact age at the report date is taken as the basis, and linear interpolation is made between two ages in the table (example: age 36,64 → 38,72 + (37,77 − 38,72) × 0,64 = 38,11 years); the estimated date of death is counted from the report date and written out step by step in the report
Net income at the accident date
Degree of disability
Fault rate
SGK initial capitalized value (offset)

Accident with injury — sample calculation

Age	42
Monthly net income	28.000 ₺
Degree of disability	%22
Remaining life expectancy	~32 years
SGK initial capitalized value	−185.000 ₺
Permanent incapacity	≈ 1.420.000 ₺

Caregiver costs and temporary incapacity are added separately.

SGK offset

The temporary incapacity allowance and permanent incapacity income paid by SGK for the injured party are deducted from compensation on the basis of their initial capitalized value (Law No. 5510 Art. 21, KTK Art. 98). This offset is deducted from the calculated gross compensation.

Caution: The current initial capitalized value table must be used when making the SGK offset. Old-dated SGK letters do not pass Court of Cassation review.

Frequently asked questions

How is the permanent incapacity rate determined?

It is determined by the Council of Forensic Medicine or authorized university hospitals, under the regulation applicable according to the date of injury.

Can caregiver costs be claimed?

Yes. For an injured party left dependent on another person's care, caregiver costs are calculated on the basis of the minimum wage, even if the caregiver is a relative.

What happens if my income appears to be below the minimum wage?

If actual income cannot be proven, the minimum wage is taken as the basis. For unregistered work, proof is possible through witness statements and occupational evidence.

Does compensation decrease if I am at fault?

Yes, compensation is reduced by your fault rate. Contributory fault is also assessed separately.

Is the calculation also made for old accidents?

Yes. Even if the accident date is old, the update is made according to Court of Cassation criteria; the statute of limitations must always be checked.

Traffic Accident Injury Compensation