Material and Moral Damages in Traffic Accidents: Responsibility and Insurance Obligations

Traffic accidents can result in vehicle damage, bodily injuries, long-term treatment processes, claims for emotional distress, and, unfortunately, fatalities. The issue of who is responsible for compensating these damages is addressed both legally and through insurance mechanisms.
First, the medical expenses resulting from traffic accidents are covered under Turkey's Social Security Institution (SGK). When someone is injured in an accident, it does not matter whether they are treated at a public or private hospital; treatment costs cannot be charged to the patient. These costs are covered by SGK, aiming to reduce the victim’s burden.
In addition to medical expenses, material damages such as vehicle repair costs, loss of income due to injuries, permanent disability, or the deprivation of support after a relative's death are considered within the scope of financial losses in traffic accidents.
Those liable for the material damages arising from accidents on public roads include the drivers involved, vehicle owners, and the insurance companies responsible for compulsory traffic insurance. The degree of fault determines the driver’s responsibility in compensating the victim's loss. For example, if a driver is found 60% at fault in an accident, they are obligated to cover 60% of the damage to the other party. This principle of fault-based liability is essential in traffic law.
It is also important to note that the driver may not always be the owner of the vehicle. In such cases, the vehicle owner is still responsible for the damage, proportionate to the driver’s fault, as the vehicle was being operated on the road. The fact that the accident occurred while the vehicle was in use on a public road holds the owner accountable.
Compulsory traffic insurance covers the material damages caused by the insured vehicle to third parties on public roads, up to certain limits. The insurance company compensates the loss based on the driver's fault percentage, but the amount is limited to the maximum limit specified in the policy. It's important to note that compulsory traffic insurance does not cover claims for emotional distress.
If a vehicle involved in an accident does not have compulsory traffic insurance, claims for bodily harm can be made through the Assurance Account. The Assurance Account functions similarly to the traffic insurer, covering bodily harm according to the driver’s fault and policy limits of the relevant period. However, it does not cover claims for emotional distress.
In the case of accidents involving rental vehicles, the duration of the rental and the control of the vehicle become significant. If the vehicle has been rented for a long period, it is considered to be out of the owner’s control, and the owner cannot be held liable. In such cases, having comprehensive car insurance for the rental vehicle is crucial to cover any potential damages.
If the license plate of a vehicle involved in an accident cannot be identified, and an investigation by the prosecutor's office determines that the vehicle cannot be found, claims for bodily harm can still be made through the Assurance Account.
To claim compensation for material damages from the traffic insurer, the accident must have occurred on a public road. If the vehicle was involved in an accident off-road, the traffic insurance will not apply, and the vehicle owner and driver will be held directly responsible.
Finally, for damages arising from traffic accidents, interest can be requested starting from the date of the accident. This ensures that the compensation due to the victims does not lose its value over time.
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