Thousands of traffic accidents occur in our country every day. As a result of these traffic accidents, hundreds of people are injured. In some accidents. Pedestrians, drivers or passengers lose their lives. As a result of these injuries or deaths, material and moral damages occur.
Traffic accident compensation lawsuit is a type. Of lawsuit filed by the injured party against the persons responsible for the. Accident due to the death, injury or damage to the property of the persons involved or caused. By a motor vehicle and as a result of this event. Traffic accident compensation is used to express both physical and property damages.
WHO CAN FILE A COMPENSATION CASE
-If an injury has occurred in a traffic accident; the. İnjured person can personally file a lawsuit for pecuniary and non-pecuniary compensation. In this case, the material compensation lawsuit is for the loss. Of labour force and treatment costs during his/her working life. The moral compensation lawsuit is for the pain and grief experienced as a result of the accident.
-If there is an accident ending with severe. Bodily injury; the fiancé, mother, father, spouse, children of the seriously. İnjured person can file a lawsuit for moral compensation. Serious bodily injury includes. The loss of limbs or inability to fulfil vital functions of the injured person.
-If death has occurred in the accident. The persons who received support during the period. When the victim was alive can file a lawsuit for material and moral compensation. If the deceased person is married, his/her spouse or children. İf he/she is single, his/her mother or father are presumed to be deprived of support. Therefore, these persons do not need to prove that they benefited from the support of the deceased. In order for other relatives to receive compensation, they must prove that they received support.
STATUTE OF LIMITATIONS IN MATERIAL AND MORAL COMPENSATION CASES
-The person who has suffered damage as a result of a traffic accident must. File a lawsuit within 2 years from the date he learnt about the damage and the perpetrator of the incident. This period is the statute of limitations. Even if the person learns about the damage and the perpetrator later. İn any case, there is a 10-year statute of limitations from the date of the act.
-If death or injury has occurred in the traffic accident. The Existence of an offence will come to the fore. In case of injury, the person who caused the injury will be prosecuted for the offence of negligent injury. İf death has occurred; will be prosecuted for the offence of negligent manslaughter. In such a case, the injured persons may file a lawsuit for compensation within the statute of limitations prescribed for the relevant offence. Persons who have suffered victimisation in the accident. İf they miss the 2-year statute of limitations; they can benefit from the criminal statute of limitations.
AGAINST WHOM THE COMPENSATION LAWSUIT IS FILED
-The aforementioned compensation lawsuit can be filed against the driver of the vehicle. The owner of the vehicle, the operator of the vehicle and the insurance company. In some cases, it can also be filed against the employer company. (in terms of damages caused by the company employee), the parents of the driver of the vehicle if he/she is under 18 years of age, and other relevant persons who caused the accident.
-Insurance company: Whichever insurance company is responsible for the compulsory traffic insurance and motor insurance. That insurance company is also responsible for death, injury or other damages.
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