COURT WITH JURISDICTION TO HEAR TRAFFIC ACCIDENT COMPENSATION CLAIMS
The court with jurisdiction to hear material and moral compensation claims arising from fatal or injury-causing traffic accidents is, as a rule, the Civil Court of First Instance. However, the court responsible for hearing compensation claims filed against the company providing traffic insurance is the Commercial Court of First Instance. Therefore, if a lawsuit is to be filed against the driver, owner, and operator of the vehicle involved in the traffic accident, as well as the insurance company that insured the vehicle, a compensation claim must be filed in the Commercial Court of First Instance against all responsible parties.
COMPETENT COURT IN TRAFFIC ACCIDENT COMPENSATION LAWSUITS
There is more than one competent court in traffic accidents involving injury or death. The first is the court where the defendant or plaintiff resides, the second is the court where the accident occurred, and the third is the court where the insurance company’s headquarters are located.
DAMAGES CLAIMED IN TRAFFIC ACCIDENT INJURY COMPENSATION LAWSUITS
The injured person can naturally claim material and moral damages. The relatives of the injured person cannot claim material damages under any circumstances. However, if the injured person has suffered serious physical injury or loss of limb, the relatives of the injured person can claim moral damages.
Moral Damages: The person claiming this compensation is the injured person themselves as a result of the traffic accident. However, in cases of serious physical injury, their relatives may also claim moral damages. Otherwise, their relatives cannot claim moral damages.
All medical expenses incurred by the person injured in the traffic accident,
Income that the person injured in the traffic accident would have earned had the accident not occurred,
Damages arising from any impairment of the person’s ability to work due to injuries sustained as a result of the traffic accident,
Losses resulting from the impairment of economic expectations.
DAMAGES CLAIMED IN FATAL TRAFFIC ACCIDENT COMPENSATION LAWSUITS
If the traffic accident resulted in death, the heirs may claim compensation for loss of support due to the loss of the deceased person’s support, as well as compensation for funeral and burial expenses. They may also claim moral damages for the grief, sorrow, and distress caused by the death of the deceased person.
Funeral expenses of the deceased
Hospital treatment expenses of the deceased, if any
Moral damages for the pain, grief, and suffering caused by the traffic accident
Loss of support damages: Persons responsible for the care and expenses of the person who died as a result of the traffic accident may claim the expenses they are deprived of due to the death. This type of compensation may be claimed by those deprived of the deceased person’s lifelong support. Loss of support compensation is not only claimed by the deceased person’s relatives; any person supported by the deceased person may also make such a claim. However, they must prove that they received support from the deceased person.
CALCULATING COMPENSATION IN TRAFFIC ACCIDENTS
When calculating compensation, it is crucial to accurately determine the financial situation of the deceased and the accident victim, as well as the damages incurred. If the damages cannot be fully proven with evidence during this calculation, compensation will be calculated based on the minimum wage, and beneficiaries will receive lower compensation amounts.
WHAT TO DO IF THE VEHICLE INVOLVED IN THE ACCIDENT DOES NOT HAVE TRAFFIC INSURANCE?
A guarantee account has been created to prevent damage caused by uninsured vehicles prohibited from driving on the roads to third parties. Thus, even if the person who caused the accident does not have traffic insurance, compensation for the damages in question can be claimed from the guarantee account.
Article 97 of the Highway Traffic Law states that “The injured party may file a direct lawsuit against the insurer within the limits specified in the compulsory financial liability insurance.” Therefore, in the event of a traffic accident, although it is possible to claim compensation through an application for persons with disabilities or those with disability health reports, the actual damage will always be much higher than the payments made by insurance companies.
For this reason, it is highly beneficial for victims to file a lawsuit after having their compensation calculated in accordance with the Supreme Court’s calculation criteria and judicial disability reports. This is because there can sometimes be a twofold difference between the payment offers made by insurance companies and the calculations made by the court.For this reason, it is highly beneficial to seek information and legal support from a lawyer regarding compensation for damages resulting from a traffic accident.