How Can I Claim Compensation for a Turkey Car Crash? A UK Guide
How can I claim compensation for Turkey car crash injuries? Here are the steps for UK victims, from the scene to the insurer. For advice on your own case, speak to an accident lawyer in Turkey at Canko Law Firm.
How can you claim compensation for a Turkey car crash?
In short, you gather evidence at the scene. You get the official reports. You prove your losses. You then claim against the driver at fault and their insurer under Turkish law. The details of how you can claim compensation for a Turkey car crash vary with your role in it, as the sections below explain.
This guide is for UK residents hurt in a car accident in Turkey. It applies whether you were a driver, a passenger, a cyclist or a pedestrian. It follows the claim in order, from the roadside to the insurer and the courts. For a wider view of what can be claimed after any accident, see our guide to personal injury compensation claims in Turkey.
Turkish rules differ from English rules in ways that matter. Reports made in the first hours carry great weight. Some steps must be taken in a set order. Strict time limits apply. Knowing the route early protects your position and avoids costly mistakes.
If your accident happened at sea rather than on the road, different rules apply. Our guide to yacht and boat accident compensation in Turkey covers that ground.
What to do at the scene of the accident
Your safety and medical care come first. Call the emergency services. Do not move a badly injured person unless they are in danger. If you can, stay until the police or the gendarmerie (Jandarma) arrive.
Once you are safe, gather what evidence you can. Ask a travelling companion to help if you are hurt. Useful evidence includes:
photographs of the vehicles, their positions and their number plates
photographs of the road, signs, traffic lights and skid marks
the other driver's name, phone number, licence and insurance details
names and phone numbers of any witnesses
a note of nearby shops or petrol stations that may have cameras
dashcam footage from any vehicle involved
your own notes on the time, place, weather and what happened
Camera footage is often recorded over quickly. Ask for it to be kept as soon as possible. A lawyer can also make a formal request on your behalf.
Do not sign anything you do not understand. Ask for an interpreter if you need one. Do not admit fault. Do not accept a cash deal at the roadside. A quick payment can later be used to argue your claim was settled.
Getting the official accident report
The accident report is often the most important document in a traffic accident claim. Where someone is injured or killed, the police or gendarmerie attend. They prepare an official report. It records the scene, the vehicles and the statements of those involved.
The report often says which driver broke which traffic rules. It may also set out how fault is shared. Insurance companies rely heavily on it. Courts look at it closely too.
Where a crash causes only property damage, drivers can often complete a joint form themselves. This is the agreed accident report form (Kaza Tespit Tutanagi). Both drivers sign it. Read it with care before you sign. Have it translated if needed. If the other driver refuses to cooperate, call the police.
Always ask for a copy of the report. Check it carefully. Reports sometimes contain errors about who did what.
A report that wrongly blames you is not the end of the matter. Its findings on fault are not final. Your evidence from the scene can make a real difference at that stage.
Where people are injured, a criminal investigation often follows. The public prosecutor's office (Cumhuriyet Bassavciligi) may take statements. For some injuries, a prosecution needs your complaint. A time limit applies to making it. Give a statement before you leave Turkey if you can. The criminal file often holds useful evidence for your compensation claim.
Medical reports and evidence of your losses
Medical reports are the backbone of any injury claim. When you are treated after a traffic accident in Turkey, the hospital normally prepares a forensic medical report (adli rapor). It records your injuries as first seen. Ask for a copy, along with your full records.
Keep everything from your treatment in Turkey. That means scans, test results, discharge summaries and every invoice. Keep receipts for medicines, taxis and any equipment. When you return home, keep your GP and NHS records too. They show how your injuries developed.
If your injuries leave lasting effects, you will need a medical assessment of permanent disability (maluliyet). Turkish courts value permanent injury in a particular way. The assessment must meet Turkish rules. Your lawyer will arrange it at the right stage of the claim.
Sometimes the treatment after a crash causes further harm. That raises a separate claim against the hospital or doctor. Our guide to claims for negligent medical treatment in Turkey explains how that works.
You also need evidence of your financial losses. Gather:
medical bills and travel costs
payslips, tax records or accounts showing lost earnings
repair estimates or invoices for property damage
costs of changed flights or extra accommodation
notes of care and help given by family members
Documents in English may need a certified translation into Turkish. Your lawyer will tell you which ones. Good records can help your compensation claim move faster and make it harder to dispute.
Keeping records once you are home
Recovery often continues long after you leave Turkey. Keep a simple diary of your pain, sleep and treatment. Note the everyday tasks you cannot do. Record days off work and any help from family or friends.
Take photographs of visible injuries as they heal. Keep fit notes from your GP. Ask your employer for a letter confirming your time off and any lost pay.
These records show the real effect of the crash on your life. They support the medical and financial evidence described above. Send copies to your lawyer as you go, rather than all at the end.
Your travel insurance and the claim
Tell your travel insurer about the crash as soon as you can. Many policies have an emergency assistance line for medical help and getting home. Keep your policy, your claim number and every message with the insurer.
Your travel insurer may pay some medical bills or travel costs. That cover is about your own policy. It is separate from your compensation claim against the driver at fault and their insurer.
You cannot normally recover the same loss twice. Tell your lawyer about any payments your travel insurer makes. The travel insurer may also seek to recover what it paid from those at fault.
Some travel policies include legal expenses cover. Check whether yours does. It may help with the costs of bringing a claim.
Who is responsible under Turkish traffic law
The main rules are in the Highway Traffic Law (Karayollari Trafik Kanunu). Under this traffic law, the driver who caused the crash is liable. The keeper (isleten) is normally the registered owner. The keeper can be liable even without personal fault.
Every vehicle on Turkish roads must carry compulsory traffic insurance. Its Turkish name is Zorunlu Mali Sorumluluk Sigortasi. People often call it trafik sigortasi. It covers the keeper's liability for injury, death and property damage to others.
This matters because you can claim directly against the insurance company. You do not have to chase the driver personally for those losses. Cover is capped, however. Losses above the cap may be claimed from any extra voluntary policy. Otherwise they are claimed from the driver and keeper personally.
Compulsory traffic insurance does not cover moral damages (manevi tazminat). These are damages for pain, distress and suffering. That part of a claim is brought against the driver and the keeper. Your lawyer will often pursue both routes at once.
If the other vehicle had no insurance, there is still a route. The same applies if the driver drove off and cannot be traced. You may claim from a fund set up for these cases (Guvence Hesabi). Its rules are strict, so take advice early.
If a tour operator or holiday company arranged your transport, other claims may also arise. They fall outside this guide. Our guide to holiday accidents in Turkey and who to claim against explains those options.
Claiming as a passenger, cyclist or pedestrian
You can still claim if you were not driving. Passengers, cyclists and pedestrians can claim in much the same way as drivers. A passenger is rarely to blame for the crash itself.
As a passenger, you claim against the insurer of the vehicle whose driver caused the crash. That may be the car you were travelling in, the other vehicle, or both. Where both drivers share the blame, you may be able to claim against both insurers. Your lawyer will work out which route suits your case.
Cyclists and pedestrians claim against the insurer of the vehicle that hit them. If you were partly to blame, your compensation will normally be reduced to reflect your share. Insurers may raise points such as crossing against a red light or riding without lights.
Evidence can be harder to gather when you were on foot or on a bicycle. Witnesses and nearby cameras matter even more. If the driver drove off, see the uninsured and untraced driver route above.
Car crashes in a hire car in Turkey
Driving a hire car changes some details of the claim. The basic route stays the same.
A hire car must carry compulsory traffic insurance, like every vehicle on Turkish roads. That policy covers the keeper's liability for injury and damage to others. It does not pay for damage to the hire car itself. That is dealt with under the rental agreement and any extra cover you bought.
If another driver caused the crash, your injury claim goes to the insurer of the car at fault. It does not go to the rental company's insurer. Your passengers claim in the same way.
If you caused the crash, the hire car's traffic insurance should meet claims from others, up to its cap. Claims for your own injuries as the driver raise different questions, so take advice.
Tell the rental company at once. Read the rental agreement closely. It may require prompt reporting and an official accident report. It may also exclude cover in some cases, such as driving after drinking alcohol. Keep the agreement, the insurance papers and every message with the rental company.
Claiming from the insurance company, then the courts
You must first apply in writing to the traffic insurer of the vehicle at fault. You cannot go straight to court or arbitration. The application needs supporting documents. These normally include the accident report, medical reports, proof of identity, bank details and evidence of loss.
The insurer then has a set period to respond. It may pay, offer less, or refuse. Do not sign a settlement or release form (ibraname) before taking advice. Signing may end your right to claim anything more.
If the insurer refuses or offers too little, there are two main routes. One is the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu). The other is the Turkish courts. Your lawyer will also check whether a mediation step must come first.
Turkish courts handle many compensation claims from road accidents. One expert looks at fault. Another calculates loss, such as lost earnings and future care. You can challenge expert reports you disagree with. Cases take time, and the length varies.
A Turkish lawyer can act for you under a power of attorney (vekaletname). You can sign this before a notary in the UK, with an apostille. You can also sign it at a Turkish consulate.
Where a crash causes death, close family may claim. Dependants can claim for loss of financial support. Close relatives can also claim moral damages for their grief. A time limit applies to these claims too.
Getting the criminal file and expert reports from the UK
Many UK victims fly home before the paperwork in Turkey is complete. That need not hold up the claim. Going home does not change how you can claim compensation for a Turkey car crash. The claim is normally still made in Turkey, under Turkish law. The criminal file often contains the accident report, witness statements, the forensic medical report and an expert report on fault.
A Turkish lawyer acting under your power of attorney can ask the public prosecutor's office for copies. The lawyer can also follow the criminal case for you. Sometimes access to the file is restricted while the investigation continues. Your lawyer can then request the documents again once the restriction ends.
Expert reports from the criminal case can support your compensation claim. They do not bind the court in the civil case, however.
The papers will be in Turkish. Your lawyer can explain them to you in English and arrange translations where needed. Send your UK medical records and proof of earnings early. The experts can then take them into account.
When to take advice
Take advice as early as you can. A lawyer can then explain how you can claim compensation for a Turkey car crash on your own facts. Early advice is most useful in these situations:
someone was seriously injured or killed
the accident report blames you, wholly or partly
you are leaving Turkey before the paperwork is complete
the insurer has offered a settlement or sent a release form
the other driver was uninsured or cannot be traced
you need the criminal complaint made within its limit
Canko Law Firm is a boutique firm of UK solicitors and Turkish lawyers. We act for clients across England and Wales and in Turkey. That includes accidents in Antalya, Bodrum, Fethiye, Kalkan, Kas, Marmaris, Oludeniz, Istanbul and Ankara. We work in English and Turkish.
Meetings can be in person, by phone or by video. Some claims may suit a contingency fee arrangement. Ask us about the fee options for your case. We cannot offer legal aid or pro bono work.
If you are weighing up who should act for you, read about choosing and instructing a personal injury lawyer in Turkey. Below are answers to some frequently asked questions about an accident in Turkey.
Common questions
Can I claim if I have already returned to the UK?
Yes, in most cases. A Turkish lawyer can obtain the reports and run the claim under a power of attorney signed in the UK.
Do I have to go back to Turkey for the case?
Often not. In some cases a medical assessment or statement may be needed, and your lawyer will explain the options.
What if the other driver had no insurance or drove off?
You may be able to claim from the fund for these cases (Guvence Hesabi). Strict rules apply, so take advice early.
Can I still claim if the crash was partly my fault?
Yes, in most cases. Your compensation will normally be reduced to reflect your share of the fault.
How long do I have to make a claim?
Time limits apply under Turkish law. They can differ depending on the facts, including whether a crime was involved. Take advice promptly.
Can my family claim after a fatal car accident?
Yes. Dependants may claim for lost financial support, and close relatives may claim moral damages.
What if I was a passenger in a taxi or hire car?
Yes. You claim against the insurer of the vehicle whose driver caused the crash. That may be the taxi or hire car, the other vehicle, or both.
Do I need my documents translated?
Often, yes. English documents you rely on may need a certified translation into Turkish, and your lawyer will tell you which ones.
Related reading
If this affects you, you can book a consultation with Canko Law Firm.
