COURT IN CHARGE IN TRAFFIC ACCIDENTS COMPENSATION CASE
As a rule, the Civil Court of First Instance is the competent court for material and moral compensation lawsuits to be filed due to traffic accidents involving death or injury. However, the Commercial Court of First Instance is the competent court to hear the compensation lawsuit to be filed against the company insuring the traffic insurance. For this reason, if the driver, owner and operator of the vehicle and the insurance company insuring the vehicle are to be sued together due to the traffic accident; a compensation lawsuit must be filed against all responsible parties at the Commercial Court of First Instance.
TRAFFIC ACCIDENT COMPENSATION CASE COMPETENT COURT
There are multiple competent courts for traffic accidents involving injury or death. The first of these can be filed in the courts where the defendant or the plaintiff resides, the second in the court where the accident occurred, and the third in the court where the headquarters of the insurance company is located.
DAMAGES CLAIMED IN INJURY TRAFFIC ACCIDENT COMPENSATION CASE
As a natural consequence, the injured person himself or herself can claim material and moral compensation. The relatives of the injured person cannot claim financial compensation in any way. However, if the injured person has suffered a serious bodily injury or loss of limb; the relatives of the injured person may claim moral compensation.
Moral Compensation: The person who will claim this compensation is the person injured due to the traffic accident. However, in case of severe bodily injuries, relatives may also claim moral compensation. Otherwise, relatives will not be able to claim moral compensation.
All treatment expenses of the person injured in a traffic accident,
The money that the person injured in a traffic accident would have earned if the accident had not occurred,
If the damages that will occur in the person after the traffic accident will cause a deficiency in the ability to work, the losses arising in this regard,
Losses arising from the damage to the economic future.
DAMAGES CLAIMED IN FATAL TRAFFIC ACCIDENT COMPENSATION CASE
If death has occurred as a result of a traffic accident; Since the heirs are deprived of the support of the deceased, they may claim compensation for deprivation of support and funeral and burial expenses, as well as moral compensation due to the pain, pain and sorrow they feel due to the death of the deceased.
Funeral expenses of the deceased
Hospital treatment costs, if any, of the deceased person
Non-pecuniary damages for the pain, suffering and anguish caused by a traffic accident
Compensation for deprivation of support: As a result of a traffic accident, it is possible for those who have undertaken the care and expenses of the deceased person to claim the compensation they have been deprived of as a result of death. This type of compensation can be filed by those who are deprived of the lifelong support of the deceased. Compensation for deprivation of support can be filed not only by the relatives of the deceased, but also by any person supported by the deceased. However, he/she must prove that he/she received support from the deceased person.
CALCULATION OF COMPENSATION IN TRAFFIC ACCIDENTS
In the calculation of the compensation, it is very important to determine the economic situation of the deceased and the victim and the damages suffered. If the damages cannot be fully proved with evidence during this calculation, it will be possible to calculate the damage over the minimum wage and lower compensation amounts will be paid to the beneficiaries.
WHAT TO DO WHEN THE ACCIDENT VEHICLE DOES NOT HAVE TRAFFIC INSURANCE
An assurance account has been established in order to prevent third parties from being victimised in the event of damage caused by uninsured vehicles that are prohibited to be on the road. Thus, even if the party causing the accident does not have traffic insurance, the compensation of such losses can be requested from the assurance account.
Article 97 of the Road Traffic Law states that “The injured party may also file a lawsuit directly against the insurer within the limits stipulated in the compulsory financial liability insurance.” It contains the provision. For this reason, although it is possible to claim compensation through an application for persons who have been injured in a traffic accident or who have a disability medical report, since the actual damage will always be much higher than the payment made by the insurance companies, the victims will benefit greatly from filing a lawsuit and making compensation calculations in line with the calculation criteria of the Supreme Court of Appeals and forensic medicine disability reports.
This is because there is sometimes a two-fold difference between the payment offers of insurance companies and the calculations made by the court. For this reason, there is a great benefit in obtaining information from a lawyer about the compensation of damages resulting from a traffic accident and requesting legal support.
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