Material and moral damages due to a traffic accident, bodily damages such as death, injury in an accident involving at least one motor vehicle, and those who have been liable to those who are responsible for traffic accident in order to eliminate the damages in the assets such as houses, cars and land belonging to third parties. is the type of compensation. Traffic accident compensation is used in practice to express both bodily and property losses.
Since the traffic accident is considered to be an unfair act due to its legal nature, material and moral damages are filed against the unfair act. However, there are also those responsible for compensation other than those who have committed the wrongful act in traffic accidents. In the event of death, injury or any property damage as a result of a traffic accident, the following individuals may be sued for material and moral damages :
- Vehicle Driver: Compensation can be filed against the driver of the vehicle, which is defective in a traffic accident (BK art. 49).
- Owner of the Vehicle: As the owner of the vehicle (KTK art.3) is accepted as the operator of the vehicle as a rule, there is a liability for compensation due to the traffic accident (KTK art.)
- Operator of the Vehicle: Since the operator of the vehicle involved in the traffic accident is also responsible for all kinds of damages, material and moral damages can be opened to the operator (KTK Art. The person who appears as the owner of the vehicle in the traffic registration records is also considered the operator of the vehicle. The owner of the vehicle can escape responsibility if he can prove that he has no actual control over the vehicle, that someone else has made expenses for the vehicle, or that the economic interest on the vehicle belongs to someone else, and that he does not have the title of the operator. If the motor vehicle is operated under the title or business name of an undertaking or with a ticket issued by that undertaking; the operator of the vehicle is responsible for the damage caused. If it is proved that another person operates the vehicle at his own account and at his own risk and that he has actual savings on the vehicle, this person is also considered the operator (HGK 2015/2890 decision).
- Insurance Company: The compulsory Financial Liability Insurance (Traffic Insurance) of the vehicle involved in the traffic accident or the Optional Insurance Liability Insurance (Insurance of Insurance) according to the policy coverage is also responsible for death, injury or other damages (TCC art. 91). . Pursuant to Article A-1 of the General Conditions of Highways Compulsory Financial Liability Insurance, the insurer has the legal responsibility of the operator according to the Road Traffic Law No. 2918, since it causes the death or injury of someone or damage to someone during the operation of the motor vehicle defined in this policy. supplies up to limits.
Fatal traffic accident compensation case is a type of material and moral compensation case. The following damages can be requested from the compensators in compensation cases opened due to fatal traffic accidents (BK art. 53):
- Spiritual compensation: Relatives of the deceased (mother, father, spouse, children, siblings, fiancé) can request for moral compensation due to their feelings of pain, pain and suffering.
- Any funeral expenses of the deceased,
- If death did not occur immediately, treatment expenses,
- Compensation for Lack of Support: Relatives of the deceased person (mother, father, spouse, children, fiancé or any support person) who died in a traffic accident may request compensation for lack of support due to the accident. Compensation for lack of support is a type of pecuniary damage suit brought by people who are deprived of life support for the deceased. Those who lack support may request financial benefits from those who died during the possible support period from those responsible for compensation.
Traffic accident compensation case with injuries is a type of material and moral damages opened by the injured person against compensators. Relatives of the injured person can not claim any compensation in any way. However, if the injured person suffered a serious bodily injury or loss of limb; Relatives of the injured person can claim moral damages.
In injured traffic accident compensation cases, the following damages may be requested from compensators (BK Art.54):
- Spiritual Indemnity: There is no hesitation that the injured person may himself seek spiritual compensation. Relatives of the injured person can only seek moral compensation if there is a serious injury or loss of limb. Otherwise, relatives of the wounded cannot claim moral compensation.
- All kinds of treatment expenses of the injured person,
- Loss of earnings of the injured person,
- Losses arising from the decrease or loss of working power,
- Losses arising from the shaking of the economic future.