Who can sue for material and moral compensation in traffic accidents:
There is a dual distinction in this regard. If the victim of a traffic accident is alive, he or she can file for financial and moral compensation himself or herself. If the victim has passed away, his relatives, mother, father, wife, children, siblings, fiancée, persons under his care and support who have suffered material and moral damage with his death, have the right to sue for compensation for material and moral damage. If the victim filed a claim for damages before he died, they can continue the case.
A case for material and moral compensation in a traffic accident is filed against whom:
Although it will be the first solution that comes to mind to claim damages caused by an accident from the opposite party that has a defect in the accident, in most cases, such as if the defect is not on the opposite side, the opposite party does not have an economic situation to cover the damage, or if it does not have an heir, insurance companies are the place to apply.
Because the amount of compensation may be high in traffic accidents that result in death or loss of a limb, it may be very difficult for the other party to meet it. For this reason, a lawsuit against the insurance company can have the most accurate consequences. A damaged person can file a claim directly against the insurer within the limits provided for in mandatory financial liability insurance, as well as Sue.”Contains the provision.
The insurance company to which the case will be filed may be the insurance company that prepares the traffic or insurance policy of the person who caused the accident. If these insurance companies are different from one, it is also possible to sue both of them from the Union.
What can be done if the cause of a traffic accident (compulsory financial liability insurance) does not have traffic insurance :
Compulsory financial liability insurance (traffic insurance) is a type of loss insurance created to protect both third parties and the insurer in order to cover the losses incurred by the insured to third parties. In order to ensure that the responsibilities of the operators are met, it is necessary that they make financial liability insurance. Vehicles that do not have mandatory liability insurance are prohibited from entering traffic.
Despite this, in practice, many vehicles are smuggled into traffic without traffic insurance and are involved in accidents. Although the legislator is prohibited, it has established an assurance account to prevent third parties from becoming victims in the event of damage caused by these vehicles traveling in traffic. In this way, even if the party causing the accident does not have traffic insurance, it can claim compensation for its losses from the assurance account.
What is the period of opening material and moral compensation in traffic accidents and the time-out period:
The period set out in the law to file a claim for compensation for material and moral damages is 2 years from the date when the victim learns of the damage suffered and the perpetrator. If the person authorized to sue for damages has not learned of the damage or the perpetrator, the right to sue expires after 5 years have passed since the date of the accident. These periods are the duration of the case against the person who caused the harm. If the case is filed against the insurance company, this period is 5 years.
If a situation resulting from a traffic accident requires a penalty and a criminal case, the time-out period will be longer, since the longer time-out period regulated by the criminal laws will be applied.
Can the driver or passengers of the defective vehicle that caused the accident sue for damages ?
Here, passengers ‘ rights to sue the driver or the owner of the car are very subject, but in many cases, such as family reasons, emotional reasons, it is not desirable to sue the driver of the car. So, can a lawsuit be filed against the insurance company in such a situation? Here we come across two types of insurance policies. Compulsory financial liability insurance (traffic insurance) and discretionary financial liability insurance (Casco).
Compulsory financial liability insurance is a type of insurance created to cover the insurance that the insured gives to third parties, so passengers, except for the driver who caused the accident in the vehicle, can sue the insurance company because it will be a third party. If the driver of the car has conditions, he can sue this company if he has insurance. If the driver or passengers are dead, their heirs will also be able to file this case.
How to determine the scope and amount of material non-pecuniary compensation:
If a death event has occurred as a result of a traffic accident; his heirs can claim funeral and burial costs with compensation for lack of support, as well as moral compensation for the suffering, pain and sadness they feel due to the death of the deceased.
If an injury has occurred; during the day deprived of work and power due to the loss of work and power that has occurred, because he cannot work and is deprived of earnings, he will be able to ask for the cost of treatment if he has been treated. He will also be able to claim moral compensation.
If a disability has occurred, the person will be able to claim damages according to the loss of work and power that will occur according to the disability rate, ask for treatment costs and be entitled to moral compensation. In addition, damages to vehicles or goods may be requested to be covered.
In the calculation of compensation, it is very important to fully determine the economic situation of the claimant and the damages he has suffered. During this calculation, if damages cannot be fully proven by their evidence, there will be a calculation of damages over military pay and lower compensation amounts. Especially since moral compensation is an abstract concept, the damages suffered by the victim must be clearly and very well revealed together with their evidence. The importance of getting help from professional lawyers/ surveyors in this regard is especially important in terms of the correct and satisfactory amount of compensation.