Material and Moral Compensation in Traffic Accidents


What is Compensation Case Due to a Traffic Accident?

A lawsuit for pecuniary and non-pecuniary damages due to a traffic accident is a legal action brought against those who are responsible for the traffic accident by the persons who suffered the damage in order to compensate for the bodily damages such as death or injury in an accident involving at least one motor vehicle, and the damages to the property of third parties such as houses, cars, and land. type of compensation claim. Traffic accident compensation is used to express both bodily and property damage in practice.

The legal basis of the lawsuit for compensation due to a traffic accident is that the traffic accident gives rise to a tortious act (UK art.49). The fact that the traffic accident is a wrongful act in terms of legal nature; It has some consequences on many issues such as the statute of limitations, the jurisdiction of the court, the amount of compensation. In our article, compensation cases due to traffic accidents have been examined in all aspects.

What is the Timeout Period in the Case of Material and Moral Compensation for a Traffic Accident?

Before filing a lawsuit for compensation due to a traffic accident, the most important issue to be considered is when the filing period begins and ends. On the day the traffic accident occurs, that is, the tortious act is committed, the statute of limitations for compensation begins to run. In traffic accidents, whichever of the two statute of limitations applied to all tortious acts is in favor of the plaintiff, the statute of limitations is applied. The statute of limitations for damages due to traffic accidents are as follows:

Main Timeout Period for Compensation Case: There is a 2-year limitation period starting from the date of learning of the damage and the perpetrator due to a traffic accident. Even if the injured person learns about the perpetrator and the damage later, in any case, there is a 10-year statute of limitations from the commission of the act (KTK art.109). For example, in a fatal traffic accident on 01.01.2017; Although the relatives of the deceased are aware of the act that caused the death, when they learn about the perpetrator on 01.09.2018, the statute of limitations will start from this date and end on 01.09.2020. In other words, those who suffered damage or were deprived of the support of the deceased will not be able to file a claim for compensation due to a fatal traffic accident after 01.09.2020.

Penalty Timeout Period: If a crime has been committed due to a traffic accident, penalty timeout periods are also applied (KTK 109/2). If there is injury in traffic accidents, the crime of negligent injury; If there is death, the crime of negligent homicide occurs. If there is death or injury as a result of a traffic accident, the period of time to file a lawsuit for pecuniary and non-pecuniary damages is the same as the statute of limitations stipulated in the penal code for that crime. Even if the statute of limitations for the basic case in the criminal law has passed, if the criminal case continues, that is, if the "prolonged statute of limitations" in the criminal law has come into effect, a lawsuit for compensation can be filed due to a traffic accident, regardless of any statute of limitations, as long as the criminal case continues.

Who Can File a Compensation Case Due to a Traffic Accident?

If an injury occurred in a traffic accident, the injured person may file a lawsuit for material and moral damages. Financial compensation due to the loss of labor that the injured person will suffer during his working life due to disability; may also claim non-pecuniary damages due to the pain, grief and sadness suffered due to a traffic accident.

If a serious bodily injury has occurred due to a traffic accident, the relatives of the injured person (mother, father, spouse, children, fiancée) can only file a "moral compensation case" (UK art.56). In the practice of the Supreme Court, "serious bodily injury" is accepted as the injured person's loss of limb or inability to fulfill his vital functions. For example; loss of an eye, amputation of one of the arms or legs, etc. Such cases are considered as serious bodily injury.

In fatal traffic accidents, anyone who receives support from the deceased while living can file a lawsuit for material and moral damages. If the deceased is married, it is accepted as a presumption that he supports his wife and children, and if he is single, he supports his parents. That is, these people do not need to prove that they benefited from the support of the deceased. The deceased's fiancee, uncle, uncle, etc. In order to claim compensation (compensation for loss of support) due to a traffic accident, a relative must prove that he received support from the deceased while he was alive.

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