Traffic Accident Compensation Calculator

What Is Traffic Accident Compensation?

Traffic accident compensation is the counter-value of the pecuniary and non-pecuniary losses that a person who has suffered bodily harm in a traffic accident — or the relatives of a person who has lost their life — may claim from the party at fault and their insurer. The aim here is to bring the economic balance disrupted by the accident as close as possible to its previous state, and to remedy the pain suffered to a certain extent. Unlike items relating to property, such as damage to or loss of value of the vehicle, the subject of this page is losses relating to the person: injury, loss of earning capacity, treatment expenses and, in the event of death, the support of which the surviving relatives are deprived.

The right to compensation covers not only drivers but also passengers, pedestrians, motorcyclists and cyclists. In other words, anyone harmed in traffic may benefit from these rights, depending on the degree of fault.

Which Compensation Items Can Be Claimed?

After a traffic accident, three main compensation items typically arise:

• Pecuniary compensation: Covers losses that can be measured in money, such as treatment and hospital costs, loss of earnings arising until recovery, lifelong loss of earning capacity in the case of permanent disability, and carer expenses.
• Non-pecuniary compensation: The amount awarded in order to remedy, to a certain extent, the pain, grief, fear and psychological distress caused by the accident. It is paid to the injured person; in the event of death, to their relatives.
• Compensation for deprivation of support: The loss suffered by the relatives — such as a spouse, children or parents — to whose livelihood the person who lost their life in the accident contributed while alive, on account of that support being cut off.

Legal Basis

Traffic accident compensation is founded on tort (wrongful act) liability and the principle of compensating the actual loss suffered by the injured party. The provisions of the Turkish Code of Obligations concerning tort regulate the compensation items that may be claimed in the event of bodily harm and death. The Highway Traffic Act, on the other hand, sets out the liability of the vehicle operator and how losses are covered under the Compulsory Financial Liability (Traffic) Insurance.

In practice, compensation for bodily harm and death is mostly covered by the traffic insurance of the vehicle at fault, within the policy limits. Non-pecuniary compensation, as a rule, is claimed directly from the party at fault, because traffic insurance does not cover non-pecuniary losses. Where the limit is exceeded, the remaining portion of the pecuniary loss may also be claimed from the driver at fault and the vehicle operator.

How Is Compensation Calculated?

Traffic accident compensation is determined not by a single fixed formula but according to the circumstances of the specific case. In calculating pecuniary compensation — particularly the loss of earning capacity and deprivation of support items — actuarial (calculation expert) and expert witness reports are generally relied upon. The main factors affecting the calculation are as follows:

• Degree of fault: The most decisive factor of the compensation; the amount that can be claimed is calculated in proportion to the other party's fault.
• Disability (incapacity) rate: The permanent consequence of the injury is determined as a percentage by a report from a fully equipped medical board and forms the basis for the loss of earning capacity calculation.
• Income situation: The earnings of the injured party; where there is no documentation, the calculation is based on the minimum wage.
• Age and remaining life expectancy: The calculation takes into account the estimated period during which the person could work and live, according to current life tables.
• Support shares: In the event of death, it is determined how the income of the deceased is distributed among the spouse and children.

The calculation tool on this page provides an approximate estimate based on the information you enter. The estimate is designed to give an idea; the definitive amount is clarified through a case-specific disability report, a determination of fault and, where necessary, an actuarial-expert examination appointed by the court.

A Short Example Scenario

Suppose a 35-year-old working person is injured when hit by a vehicle running a red light at a pedestrian crossing, and permanent disability is established in the medical board report. In this case the person may claim treatment expenses, the loss of earnings for the period during which they could not work until recovery, the lifelong loss of earning capacity due to the permanent disability, and non-pecuniary compensation for the pain suffered. The amounts are calculated taking into account the degree of fault, the disability percentage, income and age. This example is only intended to explain how the process works; the actual amount varies according to the concrete documents.

How Does the Application Process Work?

In the traffic accident compensation process, the following steps are generally followed:

• Gathering the documents: The accident report, hospital and treatment documents, the disability report, income documents and, if any, witness information are brought together.
• Application to the insurer: A written application is made to the traffic insurer of the party at fault for the pecuniary loss; the law prescribes a time limit within which the insurer must respond.
• Arbitration or litigation: If the application is rejected, underpaid or left unanswered, an application may be made to the Insurance Arbitration Commission, or a lawsuit may be filed before the competent court. For non-pecuniary compensation, the litigation route is followed.
• Disability and actuarial report: The disability rate and the amount of compensation are determined by independent medical board and actuarial reports.

The Importance of Fault

The scope of traffic accident compensation is directly linked to the degree of fault. If the other party is entirely at fault, the whole of the loss can be claimed. If there is mutual fault, the amount that can be claimed is calculated on the basis of the proportion by which the injured party is not at fault; for example, a person found to be thirty per cent at fault in the accident may claim for the remaining seventy per cent. Where the accident occurs entirely through one's own fault, no compensation can be claimed from the other party. For this reason, keeping the accident report accurate, preserving camera footage and witness statements, and clearly documenting the distribution of fault is the most critical stage of the process.

Points to Pay Attention To

• Limitation period: The compensation claim is limited in time. Because traffic accidents also concern criminal law, in some cases the criminal limitation period may apply and extend the time; nevertheless, it is important to act without delay.
• Obtain the disability report from an authorised institution: The basis of the loss of earning capacity calculation is a medical board report obtained from a valid and fully equipped health institution.
• Beware of release and waiver documents: Some documents signed when receiving payment from the insurer may mean that you waive other claims. Read the text carefully before signing.
• Do not overlook non-pecuniary compensation: Non-pecuniary compensation is often missed; yet it is a separate right of the injured person and, in the event of death, of the relatives.

Common Mistakes

• Assuming "the insurer covered the treatment, that's the end of it": Treatment expenses, loss of earning capacity and non-pecuniary loss are separate items; most rightholders fail to claim for permanent loss and non-pecuniary compensation.
• Missing the deadline: Running into the limitation period may lead to the complete loss of a legitimate claim.
• Accepting a low offer without question: The amount first offered by the insurer may not always reflect the actual loss; it is advisable to verify it with an actuarial calculation.
• Not documenting the disability rate: Without a valid report, proving the loss of earning capacity becomes difficult.
• Treating an online estimate as the definitive amount: Online calculators provide guidance; the final amount is determined by a case-specific examination.

Professional Support

Traffic accident compensation claims are a technical process covering the determination of fault, the assessment of disability, actuarial calculation, application to the insurer and, where necessary, the arbitration or litigation stages. Managing the process correctly both prevents the claim from being rejected and helps to ensure that the actual loss is fully compensated. For an assessment of and steps regarding your specific situation, it will be to your benefit to obtain support from an experienced legal professional in the field. The information on this page is for general information purposes; it does not constitute legal advice, and the outcome may differ according to the particular circumstances of each case.