Articles

What is a Disability Rate?

A disability rate is a percentage that indicates the permanent effects of physical or psychological damage to an individual's body as a result of traffic accidents. This rate represents the losses in the individual's quality of life and working capacity before the accident.

• 10% disability: A minor physical loss.
• 50% disability: Loss of partial working ability.
• 90%+ disability: Serious quality of life loss and loss of independence.

Why is Disability Rate Assessment Important?

1. Determination of Compensation Rights: The disability rate is a key factor in calculating the pecuniary and non-pecuniary compensation claims of accident victims. A higher disability rate generally means greater compensation.

2. Insurance Payments and Pension Assignment: Insurance companies and social security institutions make payments or assign pensions based on the disability rate. Correct determination of the rate prevents long-term rights losses.

3. Fair Legal Process: Disability rate assessment ensures that decisions in court proceedings are made fairly.

How Does the Disability Rate Assessment Process Work?

1. Medical Examination and Reporting: The accident victim undergoes a comprehensive examination by specialist doctors. Physical injuries, psychological traumas, and permanent damages that have not healed despite treatment are evaluated.

2. Expert Report: Medical reports are reviewed by an expert witness before being submitted to court. The expert witness evaluates the relationship between the accident and disability and finalizes the rate.

3. Court Evaluation: The court officially accepts the disability rate in light of the submitted reports and other evidence.

Problems Encountered in Disability Rate Assessment

Incomplete or incorrect reporting, expert witness deficiencies, and lack of legal awareness are the most common problems. For this reason, working with an experienced attorney is of great importance for the correct management of the process.

How to Identify the Driver and/or Vehicle License Plate?

If a hit-and-run occurred while driving, you must first park your vehicle in the most appropriate place and call the police. Then take photos of the damage to your vehicle and save them digitally. After police arrive, identify witnesses and ensure their statements are taken.

Past footage on most security cameras is automatically deleted within a short period of 2 weeks. Therefore, inform the law enforcement officers who arrive at the scene and ensure the recordings are obtained immediately.

What to Do if the Hit-and-Run Vehicle Can Be Identified?

If the hit-and-run party has been identified, the accident determination report is updated with the other party's information added to the law enforcement records. You can then apply to the driver, vehicle owner, and insurance company (ZMMS) demanding the damage cost and depreciation of your vehicle.

What to Do if the Hit-and-Run Vehicle Cannot Be Identified?

Compulsory Third Party Liability Insurance (ZMMS) does not cover cases where the hit-and-run party cannot be identified. If your vehicle has comprehensive insurance (kasko), you can apply to the insurance company. If there is bodily harm, you must apply to the Guarantee Account.

What is the Guarantee Account?

The Guarantee Account is a non-profit organization established under Article 14 of the Insurance Law No. 5684. It pays disability compensation to those who suffer bodily harm due to unidentified or uninsured vehicles, and support deprivation compensation to dependents in case of death.

What is the Penalty for Hit and Run?

• Penalty for not stopping at the accident scene (2024): TRY 1,506
• Penalty for not reporting the accident to authorities (2024): TRY 1,506
• Penalty for leaving the accident scene before authorities arrive (2024): TRY 3,135 + 20 penalty points

What is Non-Pecuniary Compensation?

Non-pecuniary compensation is a type of compensation that can be claimed for the psychological and emotional pain experienced by a person injured in a traffic accident. This compensation is paid for deterioration of the person's mental health, decline in quality of life, traumas, and psychological difficulties experienced after the accident.

Can Non-Pecuniary Compensation Be Claimed?

Yes. A person victimized in the accident can claim non-pecuniary damages caused by the accident as compensation. Additionally, if the accident results in death, the relatives of the deceased can also claim non-pecuniary compensation. This right is guaranteed by Article 56 of the Turkish Code of Obligations.

Factors Considered in Non-Pecuniary Compensation Cases

Seriousness of the Accident: In cases of serious injuries, long-term illnesses, or death, the amount of the non-pecuniary compensation claim may increase.

Psychological State of the Victim: Conditions such as depression, anxiety, and post-traumatic stress disorder may cause the non-pecuniary compensation to be increased.

Changes in Quality of Life: Factors such as loss of work capacity, restrictions in social life, and loss of independence are included in the assessment.

Why Should You Work with a Lawyer?

You need an experienced attorney to defend your rights and collect all necessary evidence in non-pecuniary damage cases. Your attorney ensures that the psychological effects and consequences of the accident are properly documented and provides the necessary legal support to maximize your non-pecuniary compensation claim.

Importance of Fault Determination

Determining the fault ratio in traffic accidents plays a critical role in many areas: compensation claims, insurance payments, and fair legal process are among the most important. An incorrect fault determination can undermine the fairness of the legal process.

Fault Determination Process in Traffic Accidents

1. Report at the Accident Scene: The first step after an accident is for the parties to make a report at the accident scene. The location and time of the accident, statements of the parties, damage status of vehicles, and statements of eyewitnesses should be included in the report.

2. Examination of Cameras and Eyewitnesses: Footage recorded by security cameras or mobile devices enables impartial evaluation of the moment of the accident. Witness statements also play an important role in this process.

3. Insurance Adjuster and Expert Witness Evaluation: The insurance adjuster evaluates material damage and the fault situation. Expert witness examination is requested in more complex cases.

4. Evaluation of Traffic Rules and Regulations: Traffic violations such as running a red light, exceeding the speed limit, and driving under the influence of alcohol directly affect the determination of fault.

5. Court Evaluation: If there is a disagreement, the matter is taken to court. The court makes the final decision in light of expert reports and evidence.

Points to Pay Attention to in the Fault Determination Process

• Work with a Legal Representative: An attorney ensures the protection of your rights in the fault determination process.
• Collect Evidence: Present the footage at the accident scene, witness statements, and official reports completely.
• Be Careful with Insurance Companies: In some cases, insurance companies may try to reduce the fault ratio or present incorrect reports. In such cases, it is important to get support from an attorney.