What to Do After a Serious Car Accident in Turkey: A Guide

What counts as an accident or personal injury claim in Turkey?

An accident or personal injury claim in Turkey is a legal demand for compensation when you are harmed because someone else acted negligently, unlawfully, or failed to fulfill a safety duty. It includes traffic accidents, workplace accidents, medical errors, and other harmful events that cause bodily or psychological injury or death.

Most such claims rely on the general rules of tort (haksız fiil) and liability in the Turkish Code of Obligations, plus special rules for traffic, work accidents, and medical malpractice. You can usually claim for both financial loss (material damages) and non-financial loss (moral damages) if you prove fault, damage, and causation.

Key legal bases in Turkey

• Turkish Code of Obligations (Türk Borçlar Kanunu - TBK, Law No. 6098)
  • General tort and compensation rules (fault, causation, damages)
  • Special rules for employers, dangerous activities, and strict liability
• Highway Traffic Law (Karayolları Trafik Kanunu - KTK, Law No. 2918)
  • Rules on traffic accidents and liability of drivers, vehicle owners, insurers
  • Compulsory motor third party liability insurance (Zorunlu Mali Sorumluluk Sigortası - ZMSS)
• Labor Law (İş Kanunu - Law No. 4857) and Social Security Law (SGK legislation)
  • Definition and reporting of workplace accidents (iş kazası) and occupational diseases
  • Employer duties on occupational health and safety
• Turkish Penal Code (Türk Ceza Kanunu - TCK)
  • Criminal liability for causing injury or death
  • Criminal limitation periods that can extend civil time limits
• Law on Mediation in Civil Disputes (Law No. 6325) and related amendments
  • Mandatory mediation for many compensation claims, especially against insurers, employers, and private hospitals

Common types of accident and injury claims

• Traffic accidents: car, motorcycle, bus, truck, and pedestrian accidents involving bodily injury or death.
• Workplace accidents: injuries during work or related to work, including commuting in some cases.
• Medical malpractice: surgical errors, misdiagnosis, delayed treatment, hospital-acquired infections.
• Slip, trip, and fall: in shopping malls, hotels, public buildings, or common spaces of apartment blocks.
• Product-related injuries: defective machinery, household products, or pharmaceuticals causing harm.
• Assault and intentional harm: where you pursue compensation in parallel with criminal proceedings.

What are your first legal steps after an accident in Turkey?

Your first legal steps after an accident in Turkey are to secure safety and medical help, document the scene, and ensure an official report is prepared by police, gendarmerie, or your employer. Then you should inform your insurer or SGK promptly, collect all medical and cost documents, and seek legal advice before signing any settlement or waiver.

These early actions strongly affect whether you can prove fault, the amount of damages, and whether insurers or courts take your claim seriously. Missing reports or deadlines often leads to reduced or rejected compensation.

Step-by-step actions right after the accident

1. Ensure safety and call emergency services
   • Call 112 for ambulance and emergency services.
   • For traffic accidents, call 155 (Police) in cities or 156 (Gendarmerie) in rural areas, unless it is a minor property-damage-only accident.
2. Get an official report
   • Traffic accidents: insist on a traffic accident report (trafik kaza tespit tutanağı), prepared by police or by drivers using the official form and mobile app if conditions allow.
   • Workplace accidents: make sure the employer records the accident as an iş kazası and prepares an internal report.
   • Other incidents: ask for a police report or at least create a written incident report and have it signed by witnesses and responsible staff.
3. Seek medical examination immediately
   • Go to a hospital or state clinic on the same day if possible.
   • Ask for a detailed forensic medical report (adli rapor) that lists all injuries and estimated incapacity days.
   • Return for follow-up visits and keep all reports and prescriptions.
4. Collect evidence at the scene
   • Take photos and videos of the scene, vehicles, injuries, and any defects (wet floor, broken stairs).
   • Note names, phone numbers, and ID numbers of witnesses, drivers, and involved staff.
   • Record licence plate numbers and insurance information of vehicles.
5. Notify relevant institutions quickly
   • Traffic accident: notify your own insurer and the at-fault vehicle's insurer as soon as you can.
   • Work accident: the employer must notify SGK within 3 working days; follow up to ensure they did.
   • Medical error: file a complaint with the hospital's patient rights unit and, if needed, with the Provincial Health Directorate.
6. Do not sign documents you do not fully understand
   • Insurers, employers, or businesses may present a release/waiver (ibraname) for a small payment.
   • Signing a broad waiver can legally block you from claiming full compensation later.
   • Have a lawyer review any settlement or waiver before you sign.
7. Organize your file
   • Create a folder (digital and physical) with reports, invoices, test results, photos, and correspondence.
   • Keep a diary of pain, treatment, work absence, and how the injury affects daily life.
8. Consult a lawyer early
   • A lawyer familiar with accident and injury law in Turkey can assess fault, estimate compensation, and protect you in insurer negotiations.
   • Many lawyers work with success-based or mixed fee structures in personal injury cases.

How is compensation for accidents and injuries calculated in Turkey?

Compensation in Turkey is calculated by separately assessing your financial losses (material damages) and your pain and suffering (moral damages), based on medical reports, income data, and actuarial calculations. Courts look at age, income, degree of disability, need for care, and your share of fault to reach a final amount.

Insurers and courts usually rely on expert reports, official disability rates, and established case law. The final figure often differs significantly from your initial demand, especially if documents are incomplete or your own fault is high.

Main categories of damages

• Material (pecuniary) damages - maddi tazminat
  • Medical expenses: examinations, hospital stays, surgery, rehabilitation, medication, medical devices.
  • Loss of earnings: net salary or income lost during the period you cannot work.
  • Loss of working capacity / future income loss: reduction in your ability to earn due to partial or full disability.
  • Care and assistance costs: if you permanently need another person to help you.
  • Travel and support costs: transportation for treatment and relatives' assistance, if documented.
  • In case of death: funeral expenses and support compensation for close relatives (destekten yoksun kalma tazminatı).
• Moral (non-pecuniary) damages - manevi tazminat
  • Compensation for physical pain, emotional suffering, loss of enjoyment of life, and psychological impact.
  • Paid to the injured person and, in case of death, to close relatives (spouse, children, sometimes parents or siblings).
  • Amounts are discretionary and tend to be more modest compared with some other countries.

How material damages are calculated

• Medical costs:
  • Based on invoices, receipts, and hospital price lists.
  • Public social security coverage by SGK is deducted; you claim what you pay from your own pocket.
• Temporary loss of earnings:
  • Calculated using your proven net income (payroll, tax returns, bank records).
  • If you work informally, courts may use minimum wage or average sector income, which reduces compensation.
• Permanent disability / loss of earning capacity:
  • Requires medical board reports or official disability report stating a percentage of disability.
  • Actuaries calculate a lump sum by multiplying your net annual income with a life expectancy and discount factor.
  • Age, profession, and promotion prospects can increase or decrease the amount.
• Support compensation in case of death:
  • Experts estimate how much the deceased would have contributed to each dependent over their remaining working life.
  • The figure is discounted to a present lump sum; remarriage probability for widows/widowers is included in these calculations.
• Deduction for your share of fault:
  • If you are partly at fault (for example, not wearing a seatbelt or crossing on red), your compensation is reduced by your fault percentage.
  • Fault determination is based on police reports, expert reconstruction, and court decisions.

Moral damages: what affects the amount

• Severity and permanence of injury (scars, amputations, paralysis, chronic pain).
• Age and personal circumstances of the victim.
• Degree of fault and behavior of the liable party (for example, drunk driving, leaving the scene).
• In death cases, the closeness of relationship and emotional impact on relatives.
• Current case law of the Court of Cassation (Yargıtay) guiding lower courts on reasonable ranges.

What deadlines apply to accident and injury claims in Turkey?

The general deadline for accident and injury claims in Turkey is 2 years from the date you learn of the damage and the liable person, and 10 years from the accident date, whichever comes first. If the act causing the damage is also a crime with a longer criminal limitation period, that longer period usually applies.

Special laws set specific time limits for traffic accidents, workplace accidents, and claims against public hospitals. Missing these deadlines can permanently end your right to claim compensation.

Typical limitation periods

Key timing pitfalls

• The 2-year period can start later than the accident date if you only later discover the damage or the liable party (for example, hidden complications), but courts interpret this strictly.
• Criminal investigations can extend the effective deadline, but relying on this without legal advice is risky.
• Different claims in the same incident (against driver, employer, insurer, public body) can have different procedures and deadlines.
• Negotiations with an insurer do not automatically stop the limitation period unless a formal interruption (like mediation or lawsuit) occurs.

How do traffic accident claims work in Turkey?

Traffic accident claims in Turkey usually start with a claim against the compulsory motor third party liability insurer of the at-fault vehicle, based on the official accident report. If the insurer's offer is inadequate or they reject liability, you must often go through mandatory mediation before filing a compensation lawsuit.

Claims cover medical costs, loss of earnings, permanent disability, funeral and support compensation, and moral damages. Fault analysis, expert reports, and policy limits strongly influence actual payments.

Key features of traffic accident liability

• Compulsory insurance (ZMSS):
  • Every motor vehicle must have compulsory traffic insurance in Turkey.
  • The insurer covers bodily injuries and death of third parties up to policy limits.
• Who you can claim against:
  • The at-fault driver (sürücü).
  • The vehicle owner (işleten) under strict liability rules.
  • The compulsory insurer (ZMSS) of the liable vehicle.
  • Sometimes the highway authority or municipality, if road defects contributed.
• Fault determination (kusur oranı):
  • Police prepare an accident report with initial fault allocation.
  • Insurers and courts may appoint traffic experts to recalculate fault.
  • Seatbelt use, speed, traffic light obedience, alcohol, and helmet use are key factors.

Traffic claim process in practice

1. Obtain documents
   • Traffic accident report (kaza tespit tutanağı).
   • Alcohol tests, if any.
   • Vehicle registration, insurance policy copies, and driver's licence information.
   • Medical and forensic reports, invoices, and proof of income.
2. Apply to the insurer
   • Submit a written claim with all supporting documents to the ZMSS insurer of the liable vehicle.
   • Under traffic insurance regulations, the insurer must respond and pay within 15 days after receiving complete documentation.
3. Evaluate the insurer's offer
   • Compare the offer with your actual losses and potential court outcome.
   • Insurers often initially offer lower sums, especially for moral damages and loss of future earnings.
4. Mandatory mediation
   • For most compensation claims where an insurer is a party, you must apply to a registered mediator (arabulucu) before filing a lawsuit.
   • Mediation usually concludes within a few weeks; agreements are enforceable like court judgments.
5. Lawsuit in court
   • If mediation fails, you may file a lawsuit in the Civil Court of First Instance (Asliye Hukuk Mahkemesi) or, depending on the parties, in specialized courts such as Commercial Courts (Asliye Ticaret Mahkemesi).
   • The court appoints traffic, actuarial, and medical experts to determine fault and damages.

How do workplace accident and occupational disease claims work in Turkey?

Workplace accident claims in Turkey involve two parallel tracks: social security benefits from SGK and separate civil compensation claims against the employer if they breached health and safety obligations. The employer has strict duties to report accidents, investigate causes, and take preventive measures.

You can receive SGK benefits regardless of fault, but full compensation for your losses usually requires proving employer fault or failure to ensure a safe workplace in a civil lawsuit. Criminal investigations may also run in serious cases.

What is a workplace accident (iş kazası)?

Turkish Social Security Law defines a workplace accident broadly as an incident that occurs:

• While you are at the workplace performing your duties,
• During employer-provided transportation to or from work in some cases,
• While on a business trip or performing work assigned off-site,
• During rest periods and breaks at the workplace in certain circumstances.

Employer and SGK obligations

• Employer must:
  • Provide a safe working environment and take all necessary protective measures.
  • Train workers on occupational health and safety.
  • Record and report workplace accidents to SGK within 3 working days.
  • Cooperate with inspections by the Labour Inspectorate.
• SGK provides:
  • Temporary incapacity allowance (rapor parası) during sick leave.
  • Permanent incapacity pension for serious disability.
  • Survivor's pensions for dependents in case of death.

Compensation claim against the employer

• Basis of liability:
  • TBK articles on employer liability and duty of care.
  • Liability arises if the employer did not take all necessary measures, did not provide protective equipment, or otherwise breached safety obligations.
• What you can claim:
  • The difference between your total loss and what SGK already covers.
  • Moral damages for pain, suffering, and loss of quality of life.
• Procedure:
  • Gather the SGK accident report, inspector reports, medical documents, and income records.
  • Apply to mandatory mediation for labor disputes before going to court.
  • File a lawsuit in the Labor Court (İş Mahkemesi).
  • The court will appoint occupational safety, medical, and actuarial experts.

How do medical malpractice and hospital error claims work in Turkey?

Medical malpractice claims in Turkey aim to compensate patients who suffer harm because a doctor or hospital failed to meet the expected standard of care. These cases are expert-driven and can proceed before civil courts for private providers or administrative courts for public hospitals.

You need to prove a medical error, damage, and a causal link between them, usually through expert opinions from the Forensic Medicine Institute or university hospitals. Moral damages can be significant in serious cases, but proceedings are often long and technically complex.

When does medical treatment become malpractice?

• Failure to diagnose or misdiagnosis that delays proper treatment.
• Surgical errors, such as operating on the wrong site or leaving instruments inside the body.
• Lack of informed consent for risky procedures.
• Medication errors or incorrect dosage.
• Hospital infections linked to poor hygiene standards.
• Failure to monitor the patient adequately during or after procedures.

Procedural paths

• Private hospitals and doctors:
  • Claims are usually contractual and/or tort-based under the TBK.
  • File in Civil Courts of First Instance or Consumer Courts, depending on the relationship.
  • Mandatory mediation may apply, particularly in consumer-type disputes.
• Public hospitals and university hospitals:
  • Proceedings generally go through administrative law channels.
  • You submit a preliminary application to the relevant administration within the time limits.
  • If rejected or unsatisfactory, you file a full remedy action in Administrative Courts (İdare Mahkemesi).
• Criminal complaints:
  • In severe cases, you may lodge a criminal complaint for negligent injury or homicide.
  • Civil and administrative compensation can proceed in parallel.

What does the claim and court process look like in Turkey?

The claim process in Turkey usually starts with applications to insurers or institutions (SGK, hospitals), continues through mandatory mediation in many cases, and only then proceeds to court if settlement fails. Court proceedings rely heavily on written evidence and expert reports and may take several years.

Planning your documentation, expert strategy, and negotiation approach from the start can shorten the process and improve your net recovery. Rushing into court without a clear evidential plan often backfires.

Typical stages of an accident and injury claim

1. Pre-claim preparation
   • Collect all medical, income, and accident documents.
   • Estimate your damages with a lawyer or expert, including future losses.
2. Insurer or institutional claim
   • Traffic: apply to the ZMSS insurer with a detailed claim file.
   • Work accident: ensure SGK procedures run and then claim from the employer.
   • Medical malpractice: complain to the hospital and health authorities, then pursue legal remedies.
3. Mandatory mediation (if applicable)
   • File a mediation application at the court's mediation office.
   • A mediator is appointed; sessions usually finish within a few weeks.
   • If you reach settlement, the protocol is enforceable like a judgment.
   • If not, the mediator issues a final report allowing you to file a lawsuit.
4. Lawsuit
   • File a petition stating facts, legal basis, and your compensation demand.
   • Defendants (insurer, driver, employer, hospital) respond.
   • Court holds several hearings, collects evidence, and appoints experts.
5. Expert reports and objections
   • Traffic experts on fault; medical experts on disability; actuarial experts on loss of earnings.
   • Parties can submit written objections and request supplementary reports.
6. Judgment and enforcement
   • Court issues a reasoned decision, often partially accepting your claim.
   • Either side can appeal to Regional Courts of Appeal and ultimately to the Court of Cassation.
   • Once final, you enforce the judgment through enforcement offices if the debtor does not pay voluntarily.

How much do accident and injury cases cost in Turkey?

Accident and injury cases in Turkey involve court fees, expert fees, and attorney fees, which can together reach a noticeable percent of the compensation amount. While some costs are advanced during the case, many are ultimately borne by the losing party, but you should still budget for upfront expenses and the time value of money.

Lawyer fees follow a minimum tariff set annually, and in practice many personal injury lawyers work with a blended structure combining a base fee and a success-based percentage.

Typical cost items (approximate, subject to annual changes)

Cost-control tips

• Discuss fee structure and expected disbursements with your lawyer in writing at the start.
• Ask whether some expert opinions can be obtained privately before litigation to strengthen negotiation leverage.
• Evaluate insurer settlement offers net of estimated costs, time, and appeal risks.
• Keep all invoices and receipts to claim them as part of material damages where possible.

When should you hire a lawyer or expert?

You should hire a lawyer in Turkey for any accident or injury that causes significant medical treatment, long-term health impact, or loss of earnings, or whenever an insurer or employer is involved. Early legal help improves documentation, prevents damaging waivers, and often results in higher net compensation.

In complex cases, such as serious traffic accidents, workplace deaths, or suspected medical malpractice, a specialized lawyer and independent experts are practically essential to navigate procedural rules and technical evidence.

Situations where professional help is highly recommended

• Serious injuries or permanent disability: amputation, spinal injury, brain damage, major orthopedic injuries.
• Death cases: where family members seek support compensation and moral damages.
• Disputes on fault: conflicting accident reports, multiple vehicles, or alleged victim fault.
• Medical malpractice: any case requiring specialist medical assessment.
• Workplace accidents involving safety breaches: missing protective equipment, unauthorized work methods.
• Low or zero offers from insurers: when the insurer denies liability or offers unrealistically low sums.

What a lawyer typically does in accident cases

• Assesses legal liability and identifies all potential defendants and insurance coverage.
• Coordinates collection of medical, forensic, and financial evidence.
• Works with traffic, medical, and actuarial experts to estimate realistic damages.
• Leads negotiations with insurers and represents you in mediation.
• Prepares and argues the court case, including challenging weak expert reports and appealing adverse decisions.

What are the next steps after an accident or injury in Turkey?

Your next steps are to secure all official and medical documentation, formally notify insurers or SGK, and get an early legal assessment of your case and time limits. From there, you can plan whether to aim for a negotiated settlement, mediation, or a full lawsuit.

A structured approach in the first weeks after the accident often makes the difference between a weak claim and a strong, well-documented case.

Action checklist

1. Obtain and safely store:
   • Accident or incident report (police, traffic, or workplace).
   • All medical reports, test results, and prescriptions.
   • Proof of income for at least 12 months before the accident.
2. Track your losses:
   • Keep receipts for all expenses related to the accident.
   • Record days off work, salary reductions, and any change in duties or job loss.
3. Notify relevant entities:
   • Insurers for traffic or liability cover.
   • SGK for workplace accidents (follow up on employer's report).
   • Hospitals and health authorities in case of suspected malpractice.
4. Consult a specialist lawyer:
   • Ask for an initial assessment of liability, damages, deadlines, and best strategy.
   • Discuss fee structure and expected costs plainly.
5. Prepare for mediation or negotiation:
   • Define your minimum acceptable figure and your ideal target.
   • Gather family or financial support to handle the time until the case is resolved.
6. Decide on litigation if needed:
   • Weigh the likely court outcome against costs, duration, and appeal risks.
   • File within limitation periods with complete and consistent evidence.