After a traffic accident in Türkiye: how foreigners claim compensation

Your nationality does not limit your rights

A foreign national injured in a traffic accident in Türkiye has the same right to compensation as a Turkish citizen. It makes no difference whether you were a driver, a passenger or a pedestrian, or whether you were a tourist or a resident. The claim is governed by the Highway Traffic Law (No. 2918), the Code of Obligations and the general terms of compulsory traffic insurance.

Who pays

Every vehicle in traffic must carry compulsory motor liability insurance (trafik sigortası). This insurer is usually the first and most important defendant for bodily injury and death claims, up to the policy limits. If the vehicle had no insurance, or the vehicle cannot be identified, claims for bodily injury can be brought against the Motor Insurance Guarantee Account (Güvence Hesabı).

The vehicle's operator and driver are also liable, which matters when the damage exceeds the policy limits. A voluntary extended liability policy (İMM) may provide additional cover.

What can be claimed

The main heads of claim are medical expenses not covered by the state, loss of earnings during treatment, permanent loss of working capacity, and loss of financial support for the dependants of someone who has died. Non-pecuniary damages for pain and suffering are claimed from the liable persons, not from the compulsory traffic insurer.

Permanent disability claims depend on a medical board report prepared under the current disability regulation. Earnings are calculated with actuarial methods, so proof of the injured person's income is important. For people living abroad, foreign income documents can be used if properly translated and certified.

The first step: apply to the insurer

Before going to court or to the Insurance Arbitration Commission, the claimant must first apply in writing to the insurer with the required documents. If the insurer refuses, or does not respond within 15 days, the claimant can bring a lawsuit or apply for arbitration. An application made without the required documents may not start the clock.

Deadlines

Compensation claims arising from traffic accidents are time-barred two years after the injured person learns of the damage and the person liable, and in any case ten years after the accident. If the accident also constitutes a criminal offence with a longer limitation period, that longer period applies to the compensation claim.

Evidence disappears quickly. Accident reports, camera footage, hospital records and witness details should be secured in the first weeks, especially if you are going to leave Türkiye.