Compensation Claim Following A Traffic Accident
Every day, thousands of traffic accidents occur in our country. As a result of these traffic accidents, hundreds of people are injured. In some accidents, pedestrians, drivers, or passengers lose their lives. These injuries or deaths result in material and moral damages.
A traffic accident compensation lawsuit is a type of lawsuit filed by the injured party against the persons responsible for the accident, in which a motor vehicle was involved or caused the accident, resulting in death, injury, or damage to the property of individuals. Traffic accident compensation is used to refer to both physical and property damage.
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 damages lawsuit. In this case, the material damages lawsuit is filed for the loss of working life and medical expenses incurred. The moral damages lawsuit is for the pain and suffering experienced as a result of the accident.
If the accident resulted in serious bodily injury, the fiancé, mother, father, spouse, or children of the seriously injured person may file a moral damages lawsuit. Serious bodily injury includes the loss of a limb or the inability to perform vital functions.
If the accident resulted in death, the persons who received support from the victim during their lifetime 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 support of the deceased person. Other relatives must prove that they received support in order to receive compensation.
STATUTE OF LIMITATIONS FOR MATERIAL AND MORAL DAMAGES LAWSUITS
A person who has suffered damage as a result of a traffic accident must file a lawsuit within 2 years from the date they learned of the damage and the perpetrator of the incident. 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 any case.
If death or injury occurs in a traffic accident, the existence of a crime will be brought to the fore. In the case of injury, the person who caused the injury will be tried for the crime of negligent injury; if death occurs, they will be tried for the crime of negligent homicide. In such a case, the injured parties may file a compensation claim within the statute of limitations period prescribed for the relevant crime. If the victims of the accident miss the 2-year statute of limitations period, they may benefit from the criminal statute of limitations period.
AGAINST WHOM IS THE COMPENSATION CLAIM FILED?
The compensation lawsuit we have 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 can also be filed against the employer (for damages caused by company employees), the driver’s parents if the driver is under 18 years of age, and other parties responsible for causing the accident.
Insurance company: The insurance company that provided the compulsory traffic insurance and comprehensive insurance is also liable for death, injury, or other damages.
