Reply Petition To The Traffic Accident Compensation Case Resulting In Injury
ANKARA ( ) COURT OF FIRST INSTANCE
File No: 2021/…
DEFENDANT :C…..D….. (T.C.:……………)
ADDRESS
REPRESENTATIVE :
ADDRESS
PLAINTIFF :A… B… (T.C.:…………….)
ADDRESS
SUBJECT OF THE DEMAND :It is about the presentation of our answers against the lawsuit filed by the plaintiff and our request for dismissal of the lawsuit.
EXPLANATIONS
Client C….. D…. with the number plate 06 … …. Model …. Brand vehicle (copy of the licence plate is attached to the petition as Annex-1) and ../../…. While travelling towards Ostim from the direction of Batıkent on the date of …/…/….., the property of A….. B….., with the licence plate number 06 … …. With the vehicle ……………………. Intersection was involved in a traffic accident.
The client drove his vehicle in accordance with the speed limit rules of the location. Contrary to the claims of the plaintiff, instead of waiting for those turning left at the junction when the green light was on, the plaintiff suddenly got into the right lane without checking his right and caused the vehicle driven and managed by the client to hit his own vehicle. With this collision, the plaintiff’s vehicle also hit the vehicle in front and thus a chain traffic accident occurred. The plaintiff was trapped inside the vehicle and his right leg was broken.
Although a Traffic Accident Detection Report (Annex-2) was kept with the police teams arriving at the scene; according to the fault report (tramer) issued in accordance with this report, the 06 … plate vehicle belonging to the client was determined as fully and primarily at fault.
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We have objected to this accident report, which is contrary to the truth, law and procedure, and the case is still ongoing with the file numbered 2021/… Esas (Annex-3) of Ankara … Criminal Judgeship of Peace. In addition, the public case filed against the client with the file numbered 2021/… (Annex-4) of Ankara … Criminal Court of First Instance with the file numbered 2021/… (Annex-4) is still pending. With the finalisation of these cases, the lack of legal basis of the report and the rightness of our claims will be revealed, and the client’s innocence will be established.
Although the client has no fault in this accident, the erroneous determination made makes the client’s situation even more difficult. The client tried to find out the plaintiff’s health status by calling the plaintiff constantly; he gave all the support he could. However, each time, he encountered the plaintiff’s bad behaviour and was subjected to their endless demands. It is clear that the sole purpose of the other party is to gain an unfair advantage over the client. The other party used the situation with the messages sent to the client and tried to fulfil their demands with threats. The images of these messages are attached to this petition. (ANNEX-5)
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Despite the client’s innocence, the material and moral damages claimed by the plaintiff are also exorbitant. This situation will become evident with the expert examination during the trial. The amount of pecuniary compensation demanded by the plaintiff goes beyond the damages suffered and turns into a purpose of gaining a profit. For this reason, we object to the plaintiff’s claim for pecuniary compensation.
Likewise, non-pecuniary compensation cannot be a reason for enrichment for the person in whose favour it is awarded, nor should it be a punishment for the person against whom it is awarded. However, the amount demanded by the plaintiff is in the nature of a penalty that is tried to be imposed on the client, an income that is tried to be obtained through the client, rather than the purpose of relieving the pain and sorrow. For this reason, we request the rejection of the plaintiff’s claims for exorbitant non-pecuniary damages, which are devoid of legal basis.
LEGAL GROUNDS :
TCC No. 6047, CCP, CPL, Attorneyship Law and other relevant legislation
EVIDENCE :
Photocopy of the vehicle licence, ….. dated …/…/2021 Traffic Accident Report with Accident Sequence Number, Ankara … Criminal Judgeship of Peace file numbered 2021/…, Ankara … Criminal Court of First Instance file numbered 2021/…, Message images, Expertise, Discovery, Witness and all other evidence
CONCLUSION AND DEMAND :
For all the reasons explained above; without prejudice to our right to claim for more;
1-Dismissal of all unjust and groundless claims and demands of the plaintiff,
2- We request by proxy that the judicial expenses and attorney’s fee be decided to be left on the plaintiff. 13.12.2021
ATTORNEY……………
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