Keywords: traffic accident compensation, loss of value, insurance arbitration commission, Bodrum compensation attorney
As traffic volume increases in Bodrum during the summer months, the number of traffic accidents also rises significantly. Following an accident resulting in property damage or injuries, it is crucial for victims to pursue their right to compensation through the proper channels and within the appropriate timeframes. In this article, we explain the types of compensation that can be claimed after a traffic accident and the steps to follow.
Items of Compensation That May Be Claimed
Compensation claims arising from traffic accidents include vehicle repair costs, loss of value, loss of earnings, compensation for temporary disability, compensation for permanent disability, medical expenses, loss of support (in the event of death), and compensation for pain and suffering. Which of these items can be claimed depends on the degree of fault, the scope of the insurance policy, and the type of damage.
Loss of Value: Can Be Claimed from the Insurance Company
The decrease in a vehicle’s market value that occurs even after repairs following an accident is referred to as “loss of value.” A claim for compensation for loss of value may be filed against the at-fault party’s mandatory automobile liability insurance (ZMSS). The claim period is two years from the date of the accident; however, this period may be extended based on judicial precedents, and a longer period may be granted. The amount of depreciation is determined based on factors such as the vehicle’s age, make and model, mileage, the location of the damage, and the nature of the repairs.
The Insurance Arbitration Commission or the Court?
If the insurance company denies a claim or the compensation offered is deemed insufficient, there are two options: filing a claim with the Insurance Arbitration Commission or filing a lawsuit directly in the Commercial Court of First Instance. The Insurance Arbitration Commission reaches a decision much more quickly than a court proceeding (decisions are typically issued within a few months) and the costs are lower. In disputes involving amounts above a certain threshold, an appeal may be filed with the Commission’s Appeals Panel and subsequently with the Court of Cassation.
Disability Compensation in Accidents Resulting in Injury
A person injured in a traffic accident may claim compensation for the loss of earnings suffered during the period of temporary disability and, in the event of permanent disability, for the economic equivalent thereof. The disability rate is determined in accordance with the Social Security Institution regulations or the Disability Medical Board Report. Factors such as the victim’s age, occupation, income, and life expectancy are taken into account in the calculation.
Non-Economic Damages and Loss of Support
A victim who suffers pain, anguish, and grief as a result of a traffic accident may claim compensatory damages for emotional distress. In fatal accidents, the spouse, children, parents, and other close relatives of the deceased—who are deprived of the deceased’s support—may claim compensation for loss of support. This type of compensation is based on the deceased’s financial contribution to their relatives.
Conclusion
After a traffic accident, it is crucial to begin gathering evidence from the very first minutes of the incident and to properly preserve the accident report, medical reports, eyewitness statements, and photographs. The accurate calculation of compensation items and their proper claim can significantly affect the amount of compensation received.
| ⚖️ This article is for general informational purposes only and does not constitute legal advice. To obtain legal assistance regarding your specific case, please contact Attorney Kaan Özgün. Kaan Özgün Law Office | Bahçelievler Mah., Turgutreis / Bodrum / Muğla |