COURT IN CHARGE IN TRAFFIC ACCIDENTS COMPENSATION CASE
To be filed due to traffic accidents involving death or injury. Court in charge of material and moral compensation cases. As a rule, the court is the Civil Court of First Instance. However, the traffic insurance company. Commercial Court of First Instance is the competent court to hear the compensation case to be filed against the company. Therefore, the driver of the vehicle due to a traffic accident. Together with the owner and operator of the vehicle. If a lawsuit is to be filed together with the insurance company insuring the vehicle. All responsible parties. It is necessary to file a compensation lawsuit at the Commercial Court of First Instance.
TRAFFIC ACCIDENT COMPENSATION CASE COMPETENT COURT
There are multiple competent courts in cases of traffic accidents involving injury or death. First of these is in the courts where the defendant or the plaintiff resides. The second one is the court where the accident occurred. Third one can be filed in the court where the head office of the insurance company is located.
DAMAGES CLAIMED IN INJURY TRAFFIC ACCIDENT COMPENSATION CASE
The injured person himself is a natural consequence. Relatives of the injured person can claim material and moral compensation. They cannot claim material compensation under any circumstances. However, if the injured person has suffered a serious bodily injury or loss of limb. The relatives of the injured person may claim moral compensation.
-Moral Compensation. The person who will claim this compensation is the person injured due to the traffic accident. In case of severe bodily injuries. Relatives will also be able to claim moral compensation. Otherwise, relatives will not be able to claim moral compensation.
-All treatment expenses of the person injured in the traffic accident.
-Money that the person injured in the traffic accident would have earned if the accident had not occurred.
-If the damages that will occur in the person after the traffic accident will cause a deficiency in the working power. Losses arising in this regard, if it will cause.
-Losses arising from the undermining of the economic future.
DAMAGES CLAIMED IN FATAL TRAFFIC ACCIDENT COMPENSATION CASE
If death has occurred as a result of a traffic accident. Since the heirs are deprived of the support of the deceased, they are deprived of support. As well as compensation and funeral and burial expenses. -Grief, pain and sorrow they feel due to the death of the deceased. They may also claim non-pecuniary damages.
-Funeral expenses of the person who died in the accident.
-Hospital treatment costs of the deceased, if any.
-Pecuniary compensation for the pain, suffering and anguish caused by the traffic accident.
-Compensation for deprivation of support. Care of the deceased person as a result of the accident. It is possible for the persons who have undertaken the care and expenses of the deceased person to claim the amounts they have been deprived of as a result of the death. This type of compensation can be filed by those who are deprived of the lifelong support of the deceased. Compensation for deprivation of support can be claimed not only by relatives of the deceased. Any person who was supported by the deceased may also file a lawsuit. They can file a lawsuit. However, he/she must prove that he/she received support from the deceased person.
COMPENSATION CALCULATION IN TRAFFIC ACCIDENTS
In the calculation of compensation, the economic situation of the deceased and the victim. It is very important to fully determine the economic situation and the damages suffered. During this calculation, the damages must be fully proved with evidence. If the damages cannot be proved, the damages will be calculated based on the minimum wage and lower. Compensation amounts will be paid to the beneficiaries.
WHAT TO DO WHEN THE ACCIDENT VEHICLE DOES NOT HAVE TRAFFIC INSURANCE
Third parties due to damages caused by uninsured vehicles and vehicles prohibited from traffic. In order to prevent victimisation in case of damage. Assurance account has been established. Thus, even if the party causing the accident does not have traffic insurance. It can be requested from the assurance account to compensate for the losses in question.
Article 97 of the Road Traffic Law states that “The injured party shall be entitled to The injured party may also file a lawsuit directly against the insurer within the limits stipulated in the financial liability insurance.” It contains the provision. Therefore, in the event of a traffic accident, the injured person or the person with a disability health report. Although it is possible to claim compensation through the application in terms of persons who are found. Although it is possible to claim, the actual damage will always be much higher than the payment made by the insurance companies.
Since it will be much higher than the payment made. By the insurance companies, a lawsuit is filed and the Supreme Court of Appeals calculation criteria. And the victims have a great benefit in making. Compensation calculations in. Line with forensic medicine disability reports. Because the payment offers of the insurance companies and the calculations made by the court. There is sometimes a two-fold difference between the calculations. Therefore, damages incurred as a result of a traffic accident. Obtaining information from a lawyer about compensation and legal support. There is a great benefit in requesting.
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