Material, bodily, and moral damages arising from traffic accidents occurring on highways are indemnified under the general conditions of the Compulsory Motor Vehicle Third-Party Liability Insurance (Traffic Insurance) regulated pursuant to the Highways Traffic Law No. 2918. In accordance with the relevant legislation, for beneficiaries to legally qualify for compensation claims and for the settlement process to be initiated, it is absolutely imperative to submit accurate, complete, and legally compliant documentation to the insurance company.
This guide classifies the documents that are legally required to be attached to the claim file when filing recourse and compensation claims in accordance with the relevant communiqués, the Highways Traffic Law, and Insurance Legislation.
Pursuant to Article 97 of the Highways Traffic Law (KTK) No. 2918, before filing a lawsuit within the limits stipulated in the compulsory third-party liability insurance, the injured party must submit a written application to the relevant insurer as a mandatory condition of action. For the application to attain legal validity, it is required that the documents listed below be attached in full.
Required Documents for the Establishment of a Compensation File
1. Vehicle Damage Compensation Claims
- Traffic Accident Report: The original or a certified copy of the Material Damage Traffic Accident Report; if issued by official authorities, law enforcement reports regarding statements and eyewitness observations.
- Ownership and Registration Documents: Front and back photocopies of the motor vehicle registration and traffic certificates (logbook/registration) belonging to the aggrieved party's vehicle.
- Proof of Damage and Photographs: Digital photographs taken at the accident scene showing the nature and extent of the damage, as well as the license plates.
- Financial Data: Bank account details (IBAN, branch code, and account holder information) belonging to the compensation creditor or their proxy.
2. Diminution of Value (Depreciation) Claims
In claims for the indemnification of the reduction in the second-hand market value (diminution of value) of the vehicle due to structural deformation and repair processes resulting from the tort committed against the vehicle in the accident, the submission of the following documents is mandatory:
- Material Damage File Documents: All general documents requested in the vehicle damage compensation application.
- Written Statement for Diminution of Value Claim: A legal petition containing the specific compensation claim, referencing the fault status and the nature of the damage.
- Loss Assessment (Expert) Report: The technical diminution of value report (if available) issued by the Insurance Adjuster, taking into account the vehicle's past damage history, mileage, and extent of damage.
3. Damage to Third-Party Property (Commodities, Real Estate, and Public Property)
For the indemnification of damages caused to tangible or intangible property belonging to third parties outside the vehicle (buildings, shops, barriers, signaling, landscaping, etc.) as a result of the operator's tortuous act:
- Accident Detection and Causation Documents: Official reports proving the occurrence of the accident and the causal link regarding the damage caused to the property.
- Document of Ownership / Possession: The title deed, invoice, inventory record belonging to the damaged property, or an official ownership statement from the relevant public institution.
- Expense and Repair Documents: Official repair invoices, proforma invoices, or discovery summaries showing the cost of restoring the property to its original state.
1. Permanent Disability Claim
- Disability Health Committee Report for Adults / Children: A current disability report established in accordance with the legislation, issued by authorized fully-fledged hospitals, and establishing a causal link with the accident.
- Epicrisis and Treatment Summaries: Medical records showing emergency intervention, hospitalization, surgery, and discharge processes applied to the casualty.
- General Forensic Medical Report: The initial forensic report issued by the hospital to which the casualty was referred by the forensic medical authority or law enforcement following the accident.
- Medical Assessments and Radiographs: Lab tests, X-rays, MRIs, tomography reports, and CDs constituting the basis for disability.
- Photocopy of National ID Card / Identity Card
- Criminal Investigation / Prosecution File: Finalized court decree (if any), expert reports showing the fault status, or copies of the indictment/reasoned judgment.
- Financial Status and Income Certificate: Approved payroll, tax plate, or statement from the professional chamber showing the net income earned by the victim as of the date of the accident.
- Financial Data and Account Information (IBAN)
- KVKK Explicit Consent Form: The letter of consent providing the legal basis for processing health data and sensitive personal data (in accordance with Data Protection Laws).
2. Fatal Damages (Claims for Loss of Support)
In claims filed by the legal heirs and prospective dependents who have been deprived of financial support due to the death of the deceased resulting from the accident:
- Accident and Fault Assessment Documents: Law enforcement reports, scene investigation reports, and judicial expert reports regarding the fatal traffic accident.
- Certificate of Inheritance (Probate): The decree obtained from Civil Courts of Peace or notary publics showing the legal heirs and their respective inheritance shares.
- Post-Mortem Examination and Autopsy Report: Medical and forensic medicine institution reports confirming the causal link between the death and the accident.
- Certified Copy of the Family Vital Statistics Record: A current population registration document clearly showing the family chart, lineage, and ancestry.
Documents for Verification of Personal Data and Legal Capacity
- For Applications by Real Persons: A copy of the national identity card containing the T.C. identity number, signature declaration, certificate of residence, and, if filed through a proxy, a power of attorney containing specific authorization certified in accordance with the Legal Profession Act.
- For Applications by Legal Entities: Current tax plate, trade registry gazette copy, signature circular, and authorization documents along with the identity photocopies of the authorized company representatives.
Legal Evaluation and Conclusion
The settlement process for compensation rights arising from traffic accidents is subject to statutory limitation periods and periods of prescription (pursuant to KTK Art. 109, material compensation claims arising from motor vehicle accidents lapse 2 years from the date the injured party learns of the damage and the person liable for compensation, and in any case 10 years from the date of the accident). Therefore, success is directly linked to the proper provision of documentation. In order to prevent loss of rights, ensure the correct determination of fault rates, and faultlessly audit actuarial calculations (compensation amounts), it will be in your legal interest to manage the process through an attorney until the final stage.