COURT COMPETENT IN TRAFFIC ACCIDENT COMPENSATION CLAIMS
The court competent in 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 competent to hear compensation claims 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 lawsuit must be filed in the Commercial Court of First Instance against all responsible parties.
COMPETENT COURT FOR TRAFFIC ACCIDENT COMPENSATION LAWSUITS
There are multiple competent courts for traffic accidents involving injury or death. The first is the courts 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 is located.
DAMAGES CLAIMED IN AN INJURY TRAFFIC ACCIDENT COMPENSATION LAWSUIT
The injured person may 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 severe physical injury or loss of a limb, the relatives of the injured person may claim moral damages.
Moral Damages: The person claiming this compensation is the injured person themselves as a result of the traffic accident. However, in the event 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,
The income the person injured in the traffic accident would have earned if the accident had not occurred,
Losses arising from any impairment of the person’s ability to work due to injuries sustained after the traffic accident,
Losses arising from the disruption of economic prospects.
DAMAGES CLAIMED IN FATAL TRAFFIC ACCIDENT COMPENSATION LAWSUITS
If the traffic accident resulted in death; The heirs may claim compensation for loss of support and funeral and burial expenses, as they are deprived of the support of the deceased, and may also claim moral damages for the grief, pain, and sorrow they feel due to the death of the deceased.
Funeral expenses of the deceased
Hospital treatment expenses of the deceased, if any
Moral damages for the grief, pain, and suffering caused by the traffic accident
Loss of support damages: Persons who were responsible for the care and expenses of the deceased as a result of a traffic accident may claim the costs they are deprived of as a result of the death. This type of compensation can be claimed by those deprived of the deceased person’s lifelong support. Compensation for loss of support is not only claimed by the deceased person’s relatives; any person supported by the deceased may file such a claim. However, they must prove that they received support from the deceased person.
CALCULATION OF COMPENSATION IN TRAFFIC ACCIDENTS
In calculating compensation, it is very important to accurately determine the economic situation of the deceased and the accident victim and the damages suffered. If the damages cannot be fully proven with evidence during this calculation, the damages will be calculated based on the minimum wage, and lower compensation amounts will be paid to the rightful claimants.
WHAT TO DO WHEN THE VEHICLE INVOLVED IN THE ACCIDENT DOES NOT HAVE TRAFFIC INSURANCE
A guarantee account has been established to prevent third parties from suffering damages caused by uninsured vehicles that are prohibited from being on the road. Thus, even if the party causing the accident does not have traffic insurance, compensation for the losses in question can be claimed from the guarantee account.
Article 97 of the Highway Traffic Law states, “The injured party may also file a lawsuit directly 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 who are disabled or have a disability health report, the actual damage will always be much higher than the payment made by insurance companies. Therefore, it is highly beneficial for victims to file a lawsuit and have compensation calculations made in accordance with the Supreme Court’s calculation criteria and forensic medical 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. Therefore, it is highly beneficial to seek information from a lawyer and request legal support regarding the compensation for damages resulting from a traffic accident.
