Thousands of traffic accidents occur in our country every day. As a result of these traffic accidents, hundreds of people are injured. In some accidents, pedestrians, drivers or passengers lose their lives. As a result of these injuries or deaths, material and moral damages occur.
Traffic accident compensation lawsuit is a type of lawsuit filed by the injured party against the persons responsible for the accident due to the death, injury or damage to the property of the persons involved or caused by a motor vehicle and as a result of this event. Traffic accident compensation is used to express both physical and property damages.
WHO CAN FILE A COMPENSATION CASE
- If an injury has occurred in a traffic accident; the injured person may personally file a lawsuit for pecuniary and non-pecuniary compensation. In this case, the material compensation lawsuit is for the loss of labour force and treatment costs during his/her working life. The moral compensation lawsuit is for the pain and grief experienced as a result of the accident.
- If there is an accident that ends with severe bodily injury; the fiancé, mother, father, spouse, children of the seriously injured person can file a lawsuit for moral compensation. Serious bodily injury includes situations where the injured person suffers loss of limbs or is unable to fulfil vital functions.
- If death has occurred in the accident, the persons who received support during the period when the victim was alive may file a lawsuit for material and moral compensation. If the deceased person is married, his/her spouse or children; if he/she is single, his/her mother or father are presumed to be deprived of support. Therefore, these persons do not need to prove that they benefited from the support of the deceased. In order for other relatives to receive compensation, they must prove that they received support.
STATUTE OF LIMITATIONS FOR PECUNIARY AND NON-PECUNIARY DAMAGES
- The person who has suffered damage as a result of a traffic accident must file a lawsuit within 2 years from the date he learnt about the damage and the perpetrator of the incident. This period is the statute of limitations. Even if the person learns about the damage and the perpetrator later, in any case, there is a 10-year statute of limitations from the date of the act.
- If death or injury occurs in a traffic accident; the existence of an offence will come to the fore. In case of injury, the person who caused the injury will be prosecuted for the offence of negligent injury, and if death has occurred; will be prosecuted for the offence of negligent manslaughter. In such a case, the injured persons may file a lawsuit for compensation within the statute of limitations prescribed for the relevant offence. If the persons who have been victimised in the accident miss the 2-year statute of limitations; they can benefit from the criminal statute of limitations.
AGAINST WHOM CAN A COMPENSATION CASE BE FILED?
- The aforementioned compensation lawsuit 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 company, (in terms of damages caused by the company employee), if the driver of the vehicle is under the age of 18, against his/her parents, and other relevant persons who caused the accident.
- Insurance company: Whichever insurance company has taken out compulsory traffic insurance and motor insurance, that insurance company is also liable for death, injury or other damages.
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