Traffic Accident Compensation Claim
Thousands of traffic accidents occur every day in our country. Hundreds of people are injured as a result of these traffic accidents. In some accidents, pedestrians, drivers, or passengers lose their lives. These injuries or deaths cause material and moral damages.
A traffic accident compensation claim is a type of lawsuit filed by the injured party against the responsible persons in accidents involving a motor vehicle or caused by a motor vehicle, resulting in death, injury, or damage to people’s property. Traffic accident compensation is used to express both material and moral damages.
WHO CAN FILE A COMPENSATION LAWSUIT?
If an injury has occurred in a traffic accident, the injured person can personally file a material and moral compensation lawsuit. In this case, a material compensation lawsuit is filed for loss of work and medical expenses incurred. A non-material damages lawsuit is filed for the pain and suffering experienced as a result of the accident.
If the accident has caused serious bodily injury, the fiancé, mother, father, spouse, or children of the seriously injured person may file a non-material damages lawsuit. Serious bodily injury includes the loss of a limb or the inability to perform vital functions.
If the accident resulted in death, persons who received support from the victim throughout their life may file a material and moral damages lawsuit. If the deceased person was married, their spouse or children; if they were single, their mother or father are presumed to have been deprived of support. Therefore, these persons do not need to prove that they benefited from the deceased person’s support.
STATUTE OF LIMITATIONS IN CASES OF MATERIAL AND MORAL DAMAGES
A person who has suffered damage as a result of a traffic accident must file a lawsuit within two years from the date they learned of the damage and the perpetrator. This period is the statute of limitations. Even if the person learns of the damage and the perpetrator later, there is a 10-year statute of limitations from the date the act was committed in all cases.
If death or injury occurs in a traffic accident, the existence of a crime is established. In the case of injury, the person who caused the injury is prosecuted for the crime of negligent injury; if death occurs, they are prosecuted for the crime of negligent homicide. In this case, the injured parties may file a compensation lawsuit within the statute of limitations period prescribed for the relevant crime. If the victims of the accident miss the 2-year statute of limitations, they can benefit from the criminal statute of limitations.
AGAINST WHOM IS THE COMPENSATION LAWSUIT FILED?
The compensation lawsuit we mentioned can be filed against the driver of the vehicle, the owner of the vehicle, the operator of the vehicle, and the insurance company. In some cases, it may also be filed against the employer for damages caused by company employees, the driver’s parents if the driver is under 18, and other parties responsible for the accident.
Insurance company: The insurance company that provides compulsory traffic insurance and comprehensive insurance is also liable for death, injury, or other damages.