Compensation Law

Two questions decide a compensation file: whose fault caused the loss, and how the loss is converted into a figure. The second usually takes more work than the first. Without the actuarial calculation, the life expectancy table, the disability rate and the distribution of fault all coming together, no real figure appears.

Traffic accidents and the insurance application Compensation for loss of support in fatal accidents, compensation for permanent incapacity, treatment costs, diminution in the value of a vehicle, proceedings before the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu), and objections to the determination of fault and to the accident report. Before a direct claim can be brought against the compulsory motor liability insurer, a written application must be made to the company and the supporting documents submitted. If the company does not reply within the period set in the law, or the claim is not met, the route to court or to arbitration opens; this application is a procedural precondition.

Loss of support The claim of those who lose the support of a person who has died is independent of the status of heir: someone who was in fact supported may claim even after disclaiming the inheritance. The calculation weighs the deceased's income, remaining life expectancy, who received support and in what proportion, the likelihood of a surviving spouse remarrying, and the period for which children would have been supported.

Workplace accidents and occupational disease Determining the degree of fault and the rate of disability, examining whether occupational safety measures were in place, pecuniary and non-pecuniary compensation, defending recourse claims brought by the Social Security Institution against the employer, and the question of deducting permanent incapacity income from the compensation.

Medical negligence The liability of the doctor and of the healthcare institution, whether informed consent was obtained, and assessment of expert and Forensic Medicine Institute reports. The legal route depends on where the treatment was given. For harm occurring in a state hospital no claim may be brought directly against the doctor; a full remedy action is brought against the administration before the administrative courts. For private hospitals and private practices the ordinary courts have jurisdiction, and the relationship is assessed on contractual terms.

Other torts and non-pecuniary compensation Infringement of personality rights, violations through the press and social media, damage to property, the liability of building owners and of those who employ others. Non-pecuniary compensation is not a means of enrichment; the judge sets a sum in line with equity, weighing the gravity of the event, the economic and social position of the parties and the degree of fault. For that reason no figure can be predicted in advance.

Frequently asked questions

What is the limitation period for a traffic accident claim? Claims in tort are, as a rule, brought within two years of learning of the loss and of the person responsible, and in any event within ten years of the act. Where the accident also constitutes a criminal offence, the longer criminal limitation period applies; for fatal accidents and those causing serious injury that period is considerably wider.

How is diminution in vehicle value claimed? A written application is first made to the compulsory motor liability insurer of the party at fault, with the expert report, the accident report, the vehicle registration and the repair documents. If the claim is not met, the matter goes to the Insurance Arbitration Commission or to court. The loss in value is calculated on the difference between the vehicle's second-hand market value before the accident and its value after repair.

Is there a difference between the Insurance Arbitration Commission and the courts? Arbitration usually takes less time, and the award is final below certain amounts. Going down that route requires the insurance company to be a member of the commission and an application to have been made to the company beforehand. The court route, by contrast, is open to every stage of appeal. The choice turns on the amount and the nature of the dispute.

Can I sue a doctor personally over treatment in a state hospital? No claim may be brought directly against a public official doctor for harm caused in the course of duty; the claim is directed at the administration and heard as a full remedy action before the administrative courts. After paying the compensation the administration may seek recourse against the member of staff at fault. Filing a criminal complaint is a separate matter from all of this.

If I was partly at fault, do I lose the whole claim? Fault on the part of the injured person does not extinguish the claim; as a rule it is a ground for reduction. The judge determines the respective degrees of fault and deducts the corresponding portion from the compensation. Where the injured person's fault is grave enough to break the causal link, however, no compensation may be awarded at all.

Time limits and procedures

• Limitation in tort: two years from learning of it, and in any event ten years. Where the act constitutes an offence, the longer criminal limitation period applies.
• Application to the insurer: a written application before court or arbitration is compulsory; the company's period for replying is set in the law.
• Contractual compensation: the general limitation periods apply to the relationship with a private hospital or a doctor in private practice.
• Full remedy action against the administration: application to the administration within one year of learning of the act and in any event within five years of it; the period for filing the claim starts on refusal.
• Competent court: the civil court of first instance for claims against the driver at fault and the vehicle operator; the commercial court of first instance for claims against an insurance company; the labour court for workplace accidents; the administrative court for harm arising from public health services.
• Court with jurisdiction: the place where the tort was committed, the place where the loss occurred, or the domicile of the injured person, at the claimant's choice.

In compensation files the outcome depends on the distribution of fault, the disability and expert reports, the income level that can be documented, and the assessment of the court. No undertaking can be given as to the amount or the result.