A traffic accident often happens within seconds; yet the legal and financial consequences it gives rise to can last for months, sometimes years. Property damage, diminished vehicle value, treatment expenses due to injury and loss of earning capacity, and in severe cases the loss of a loved one… The situation faced after an accident is exhausting both emotionally and legally. In this process, every step taken — from the accident report being drawn up correctly to the application made to the insurance company, from the determination of the degree of fault to the complete assertion of the heads of compensation — directly affects the outcome. Setting up the process correctly from the outset with an experienced Izmir traffic accident lawyer prevents loss of rights and makes it easier for you to obtain the compensation you deserve. As Av. Aydın, we stand by our clients at every stage, from the moment of the accident to the collection of the compensation.
Services We Provide as a Traffic Accident Lawyer
Traffic accident law is a broad field in which the tort and compensation provisions of the Turkish Code of Obligations intertwine with the liability and insurance rules of the Turkish Highway Traffic Law No. 2918 (Karayolları Trafik Kanunu). Our service in this area is not limited to filing a compensation action; it extends from managing the insurance processes that begin immediately after the accident, to resolving fault disputes and, where necessary, following up on the criminal aspect. An Izmir traffic accident lawyer must have command of both the legal and the insurance side of the file and must be able to correctly calculate every head of damage. Our principal services and types of cases are as follows:
- Property damage compensation: This covers claiming from the opposing party and from the insurer the repair costs incurred in the vehicle or other property due to the accident, together with towing, parking and similar expenses. Documenting and correctly assessing the damage is important for the compensation to be obtained in full.
- Diminished vehicle value compensation: Even if a repaired vehicle is restored to its former condition, its second-hand market value decreases because it has been involved in an accident. This difference in value is an important head that can be claimed from the at-fault party's insurance and is often overlooked.
- Bodily injury compensation: A person injured in the accident may claim treatment expenses, loss of earnings suffered due to temporary incapacity to work, and, in the event of permanent disability, compensation for permanent loss of earning capacity. Correctly determining the degree of disability is central to this head.
- Compensation for loss of support: In fatal accidents, this covers remedying the loss suffered by the spouse, children and other relatives who are deprived of the support of the person who lost their life. This compensation is calculated according to the income of the deceased and the period during which the support was expected to continue.
- Non-pecuniary damages: This is the type of compensation sought in order to alleviate, to some degree, the pain, grief and sorrow suffered due to an injury or the loss of a loved one. It is assessed according to the circumstances of the event and the situation of the parties.
- Insurance and motor third-party liability disputes: This covers payment claims arising from compulsory motor third-party liability (traffic) insurance and comprehensive (kasko) policies, together with applications and objections pursued against underpayment or rejection decisions.
- Application to the Insurance Arbitration Commission: In disputes with the insurance company, preparing and following up an application before the Insurance Arbitration Commission — which often produces a faster result than litigation — falls within the scope of our office's work.
- Determination of fault and objection: Objecting to the degrees of fault set out in the accident report, having fault re-assessed through an expert examination, and correcting an erroneous allocation of fault is one of the most critical stages of the process.
- Compensation in fatal and injury-related accidents: In accidents with severe consequences, calculating both pecuniary and non-pecuniary damages holistically and claiming them from those responsible requires meticulous work.
- Negligent injury and homicide (the criminal aspect): Traffic accidents often bring not only a compensation process but also criminal proceedings onto the agenda. In criminal cases brought on charges of negligent injury or homicide, we provide both defence counsel services for the accused and representation for the victim and the complainant.
- Subrogation and disputes between insurance companies: We also provide legal support in subrogation processes where the insurance company reclaims from the at-fault party the compensation it has paid.
- Objection to administrative fines: Objections to be made against traffic administrative fines issued due to the accident and against actions concerning the driving licence also fall within our field of work.
In all of these services, an Izmir traffic accident lawyer, in addition to protecting the rights of the injured party, can also defend the party facing an allegation of fault. As Av. Aydın, we believe that being able to assess the file from the perspective of both the compensation creditor and the debtor provides an important advantage in seeing all the dynamics of the process.
The Post-Accident Process and Determination of Fault
The first steps taken after a traffic accident form the foundation of the compensation process. What needs to be done immediately after the accident is of great importance in terms of both safety of life and legal rights. If there is an injury, the priority is medical intervention; however, alongside this, preserving the scene of the incident, securing evidence with photographs and footage, and drawing up the accident report correctly are also critical.
In accidents involving only property damage, if the parties reach agreement they may draw up the accident report themselves; however, in injury-related or fatal accidents, or in cases where the parties cannot agree, law enforcement must be called to the scene. The fault assessment set out in the report becomes the starting point in determining the compensation at a later stage. However, this assessment is not final and unchangeable.
The determination of fault is the heart of traffic accident files; because the compensation each party may claim is directly linked to their own degree of fault. A party who does not agree with the allocation of fault in the report may object to that ratio and may request that fault be re-assessed through an expert examination. In traffic accidents, fault requires the technical assessment of many factors such as running a red light, speed, following distance and right of way. An Izmir traffic accident lawyer, by objecting to erroneously determined degrees of fault, ensures that the factors in the client's favour are correctly reflected in the file. Even a small difference in the degree of fault can significantly change the amount of compensation that can be claimed.
The Insurance Process and Motor Third-Party Liability Insurance
In traffic accidents, a significant portion of the compensation is met under the at-fault party's compulsory motor third-party liability insurance (commonly known as traffic insurance). This insurance covers, within the policy limits, the damage caused to third parties during the operation of the vehicle. Property damage, diminished value and bodily injury can be claimed from the insurer within this scope. The vehicle's own damage, on the other hand, is only met under a comprehensive (kasko) policy if one exists.
After an application is made to the insurance company, the company assesses the damage and makes a payment; however, in practice, underpayment, delay or rejection of the payment are frequently encountered problems. In such cases, instead of filing a lawsuit directly, the law requires that a written application first be made to the insurance company, and that if no result is obtained within a certain period, the dispute be taken to a resolution route. At this point there are two main routes: the judicial route and the Insurance Arbitration Commission.
The Insurance Arbitration Commission is a mechanism established for resolving disputes with insurance companies which, compared to litigation, often produces a faster result. As a rule, in order to apply to the Commission, an application must first have been made to the insurance company and the dispute must not have been resolved. Which route is chosen is assessed according to the nature and amount of the dispute. An Izmir traffic accident lawyer determines the most suitable route for the specific file, prepares the application in full, and follows the process through to the end.
How Is Diminished Vehicle Value Calculated?
Diminished vehicle value is one of the most frequently overlooked heads of compensation in traffic accidents. When a vehicle is involved in an accident, even if it is professionally repaired and visually restored to its former condition, its resale value on the second-hand market decreases due to the existence of an "accident record" (tramer record). This difference between the pre-repair value and the post-repair fair value can be claimed as diminished value compensation from the at-fault party's insurance.
Many factors are assessed together in calculating diminished value:
- The make, model, age and mileage of the vehicle,
- The severity of the damage, the nature of the damaged parts and the manner of repair,
- The vehicle's pre-accident second-hand market value,
- Whether there is a prior accident record.
For diminished value to be claimed, the fault situation and the policy conditions must be suitable; it is not possible for a fully at-fault party to claim diminished value for their own vehicle. The calculation is generally carried out by means of an expert and requires a technical assessment. An Izmir traffic accident lawyer prevents loss of rights in this important head by ensuring that the diminished value claim is asserted correctly and that objections are raised against inadequate calculations.
Heads of Compensation and Their Calculation
Compensation arising from a traffic accident does not consist of a single head; it is claimed under different headings according to the type of damage. Determining these heads completely and calculating them correctly is the key to obtaining the compensation deserved. In injury-related accidents, treatment expenses, temporary incapacity to work compensation for the period during which one could not work due to the accident, and, in the event of permanent disability, permanent loss of earning capacity compensation determined according to the degree of disability come onto the agenda.
The degree of disability is of central importance in determining bodily injury compensation; for this reason, obtaining the medical board report correctly and completely is one of the most critical stages of the process.
In fatal accidents, compensation for loss of support comes to the fore. This compensation aims to remedy the loss suffered by the relatives who are deprived of the support of the person who lost their life, and is calculated according to factors such as the income and age of the deceased, the duration of the support, and the situation of those who received the support. All of these calculations are carried out using actuarial methods and through an expert examination. An Izmir traffic accident lawyer handles the process meticulously to ensure that all heads of compensation are claimed without being overlooked and that the calculations are made in the client's favour.
Limitation Periods in Traffic Accidents
In compensation claims arising from a traffic accident, the limitation period is a matter that must be carefully monitored so as not to suffer a loss of rights. In compensation claims arising from tort, there is a period running from the date on which the injured party learns of both the damage and the person responsible, and in any event a longer period running from the date on which the act occurred. However, if the traffic accident also constitutes an offence (for example, negligent injury or homicide), then the application of the longer criminal limitation periods may come onto the agenda.
Separate periods may also apply to claims to be asserted against the insurance company. Since the commencement and running of the periods may vary according to the nature of the event and the situation of the parties, an assessment specific to the particular file is required. Missing the limitation period may result in even a well-founded claim being unable to be asserted. For this reason, meeting with an Izmir traffic accident lawyer without losing time after the accident is of great importance for the periods to be calculated correctly and for rights to be asserted in a timely manner.
The Criminal Aspect of a Traffic Accident
Traffic accidents are often not merely a matter of compensation; accidents resulting in injury or death also bring criminal proceedings with them. A driver who causes another person's injury or death as a result of carelessness, imprudence or conduct contrary to the rules may be prosecuted for the offence of negligent injury or negligent homicide. These cases are heard in the criminal courts independently of the compensation action.
In the criminal proceedings, factors such as driving under the influence of alcohol or drugs, running a red light or excessive speed may cause the sentence to be aggravated. In this process, both the defence of the driver who caused the accident and the protection of the rights of the injured party or the relatives of the person who lost their life are important. As Av. Aydın, in the criminal aspect of traffic accidents, we provide both defence counsel services for the accused and representation for the victim and the complainant. Bearing in mind that the determination of fault in the criminal file may also affect the compensation action, we manage the two processes together and in a coordinated manner.
Izmir Traffic Accident Lawyer Fees
The fee of a traffic accident lawyer is a matter that varies according to the type of file, the nature of the compensation claimed and the anticipated workload. An insurance application conducted solely for diminished vehicle value and a compensation for loss of support action in a fatal accident differ significantly in terms of the effort and expertise required. The table below has been prepared to provide a general framework regarding fees; it is not a definitive figure but is intended to show the logic and factors that affect the fee.
| Matter / Type of Case |
Principal Factors Affecting the Fee |
| Diminished vehicle value insurance application |
The scope of the damage, the need for an expert, and the amount of the dispute |
| Property damage compensation claim |
Documentation of the damage, the fault situation, and the course of the insurance process |
| Bodily injury compensation action |
Determination of the degree of disability, the treatment process, and the loss of earning capacity calculation |
| Loss of support (fatal accident) action |
The number of rightholders, the scope of the actuarial calculation, and the complexity of the file |
| Application to the Insurance Arbitration Commission |
The amount of the dispute, document preparation, and following up the process |
| Negligent injury / homicide criminal case |
The number of hearings, the weight of the file, and the expected workload |
| Legal consultancy / preliminary meeting |
The scope of the issue and the examination it requires |
Under no circumstances may lawyers' fees be set below the Minimum Attorney Fee Tariff (AAÜT) published each year by the Union of Turkish Bar Associations. This tariff safeguards the minimum value of the legal service and constitutes the lower limit of fee-setting. In compensation cases, a concept that frequently arises is the proportional attorney fee: in cases whose subject matter can be measured in money, the attorney fee is often calculated according to the rates set out in the tariff over the amount claimed or awarded. A fee to be set above the tariff, on the other hand, is freely agreed according to the characteristics of the file, the effort to be spent and the need for expertise. As Av. Aydın, after assessing your file and clarifying its scope in the preliminary meeting, we provide transparent fee information; it would not be a correct approach to commit to a definitive figure without examining the specific file.
It is also necessary to draw attention to a distinction that is frequently confused here. The attorney fee paid to the lawyer is the consideration for the legal service and is based on the contract between the client and the lawyer. In contrast, litigation costs are the heads paid to the state or to third parties during the litigation process, such as court fees, expert fees, discovery and witness expenses, and postal and notification costs. These two heads are independent of each other. Furthermore, depending on the outcome of the case, the counterparty attorney fee that the court may impose on the unsuccessful party may also come onto the agenda; this fee is a concept different from the fee set out in the contract with the lawyer. When working with an Izmir traffic accident lawyer, clearly discussing these heads from the outset prevents surprise costs and makes the process predictable.
Who Is the Best Traffic Accident Lawyer in Izmir?
One of the most searched questions on the internet is "who is the best traffic accident lawyer in Izmir". To put it honestly, there is no single "best" lawyer valid for every file. The correct expression is not the "best" lawyer but the lawyer most suitable for the file. Because every traffic accident file has its own unique circumstances, fault situation, heads of damage and insurance processes. A simple diminished value application and a file involving a severe injury or a fatal accident require an entirely different expertise and effort.
Some criteria that can be assessed when choosing a good traffic accident lawyer are as follows:
- Experience and area of expertise: The lawyer's accumulated experience in the field of compensation law and insurance disputes, particularly in traffic accident files, is important.
- Command of compensation and insurance processes: A good lawyer correctly assesses which head is to be claimed by which route and how the calculation of fault and disability proceeds.
- Communication and transparency: Working with a lawyer who explains the process understandably, presents a realistic picture and does not make exaggerated promises inspires confidence.
- Accessibility: Being able to reach the lawyer in a timely manner on matters such as insurance application periods and limitation periods prevents loss of rights.
- Commitment to professional ethics: A lawyer who makes an honest and realistic assessment, rather than one who gives guarantees such as "we will definitely obtain this much compensation", should be preferred.
It should be known that no lawyer can guarantee the outcome or a definitive amount in advance in compensation cases; because the amount of compensation depends on the degree of fault, the degree of disability, the expert calculations and the discretion of the court. When choosing an Izmir traffic accident lawyer, preferring a lawyer who assesses your file honestly and clearly explains the possible scenarios, rather than one who promises you a definitive result, will be in your interest in the long run.
Frequently Made Mistakes in Traffic Accident Files
Some mistakes made in good faith after a traffic accident can lead to loss of rights that is difficult to remedy at a later stage. One of the most frequently encountered mistakes is accepting the insurance company's first payment offer without assessing whether it covers the entire damage. In particular, heads such as diminished value, loss of earning capacity and non-pecuniary damage are often overlooked in the first payment.
Another common mistake is the failure to collect sufficient evidence at the scene; not taking photographs, not obtaining witness information, or drawing up the report incompletely. The failure to obtain from authorised health institutions the medical reports that determine the degree of disability also directly affects bodily injury compensation. In addition, overlooking the limitation periods can result in even the most well-founded claim being unable to be asserted. As Av. Aydın, we recommend that our clients obtain legal support as soon as possible after the accident and consult an Izmir traffic accident lawyer before signing any document or accepting any offer.
Our Approach as Av. Aydın
Traffic accident law is a field in which compensation law and insurance law intertwine, and in which technical calculations and procedural rules run together. Each file's unique circumstances, fault situation, heads of damage and insurance processes require a different strategy. As Av. Aydın, we first assess the file holistically, determine in full all the heads of compensation that can be claimed, and try to prevent potential loss of rights from the outset of the process.
We provide our clients in Izmir and its surroundings with support at every stage, from the first application after the accident to managing the insurance processes, from objecting to fault to following up compensation actions and, where necessary, conducting the criminal aspect. Our aim is not merely to file a lawsuit; it is to calculate all the heads of damage correctly, to determine the most suitable resolution route (insurance application, Insurance Arbitration Commission or litigation), and to conduct the process in a predictable manner. The most frequently encountered losses of rights in traffic accident files arise from unquestioningly accepting underpayment, skipping heads such as diminished value, not obtaining the disability report correctly, and missing the limitation periods.
The material and emotional difficulties experienced after a traffic accident make it hard to conduct the process alone. Having an experienced legal advisor by your side in this process both protects your rights and ensures that the process proceeds more predictably and with less strain. For any question regarding traffic accidents and insurance processes, whether you are the injured party or the party facing an allegation of fault, you can get in touch with our office.
