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One of the unfortunate events we would prefer not to encounter in our daily lives is traffic accidents. Even if we take every precaution, we may still be involved in traffic accidents due to other drivers failing to follow traffic rules. This results in both material and emotional damage. In cases where we are unjustly involved in accidents, all material and emotional damage should be compensated by the individuals responsible for the accident and their insurance companies.
1-What Damages Can Be Claimed in Traffic Accidents?
Traffic accidents result in both material and emotional damages. Material damages include: loss of value of vehicles, repair costs for damages incurred by vehicles, medical expenses for accidents requiring treatment, expenses arising from loss of working capacity due to the accident, and other expenses incurred. In addition, non-material damages may be claimed in cases of permanent impairment of bodily integrity, fatal accidents (loss of support, disruption of economic future, medical and funeral expenses, etc.), or other non-material damages incurred as a result of the accident.
2-What Are the Important Considerations for Claiming Compensation for Damages?
Legal assistance should be sought immediately after a traffic accident occurs to initiate the necessary procedures. Otherwise, collecting evidence and clarifying the dispute may become difficult. Additionally, all expenses incurred for repairs or to mitigate the damage after the accident should be invoiced. These invoices should be retained as they may be used as evidence later.
3- What Steps Should Be Taken During the Compensation Process?
First, the damages incurred must be identified. If an application is to be made to the Insurance Arbitration Commission for compensation, an expert report is prepared to determine the damages. Subsequently, a petition is submitted to the insurance company of the party responsible for the accident, requesting compensation for the damages. If the relevant insurance company refuses to compensate for the damages or if no response is received within fifteen days of the petition being sent to the insurance company, an application is made to the Insurance Arbitration Board, and the request for compensation for damages is submitted to this institution.
Additionally, claims for compensation for damages may be filed in the competent civil courts for material and moral compensation arising from traffic accidents. However, the litigation process takes longer than the arbitration process.
Finally, we would like to emphasise that individuals who have suffered damages due to traffic accidents should seek legal assistance to pursue their rights. Otherwise, the victims will be forced to bear the damages incurred as a result of the accidents.
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Av. Dr. Anıl Coşkun, LL.M.
info@anil-coskun.com
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Translated with DeepL.com (free version)
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