Hundreds of thousands of traffic accidents occur annually in Türkiye. Official data from the Traffic Department of the General Directorate of Security indicates that over 200,000 fatal and injury-causing traffic accidents happen every year. The loss of life resulting from these accidents inflicts profound emotional suffering on surviving family members and causes severe financial distress.

Regulated under Article 53 of the Turkish Code of Obligations, Compensation for Loss of Support is a statutory material damages claim designed to indemnify individuals who relied on the deceased's financial or personal support. The primary objective of this compensation is to enable the dependents to maintain their social and economic standard of living as if the fatality had not occurred.

Dependents seeking loss of support compensation are also entitled to claim moral (non-pecuniary) damages within the same action to compensate for the emotional pain and distress caused by the tragedy.

Statutory Prerequisites for Claiming Compensation

The primary prerequisite for claiming this compensation is establishing that the claimant received actual, regular support from the deceased during their lifetime, or holds a legal presumption of future support. (Spouses, minor children, and parents enjoy a legal presumption of dependency, whereas other relatives must prove actual financial support).

Jurisdiction and Venue

For loss of support claims, the subject-matter jurisdiction lies with the Civil Court of First Instance for claims against individuals, and the Commercial Court of First Instance or the Insurance Arbitration Commission for claims filed against compulsory motor third-party liability (CMTPL) insurers.

Under the Turkish Code of Civil Procedure and the Highway Traffic Law, territorial jurisdiction (venue) lies with:

  • The court of the defendant's domicile,
  • If there are multiple defendants, the court of any defendant's domicile,
  • The court where the insurance company/corporate entity has its headquarters or branch that issued the policy,
  • The court where the traffic accident occurred,
  • The court where the damage occurred,
  • The court of the injured party's (claimant's) domicile.

Statute of Limitations and Mandatory Pre-Application

The standard statute of limitations for compensation claims arising from traffic accidents is 2 years from the date the claimant becomes aware of the damage and the liable party, and in any event 10 years from the date of the accident. However, if the accident constitutes an offense under the Turkish Penal Code subject to a longer criminal statute of limitations, the extended limitation period applies to the civil compensation action.

Critical Requirement: Pursuant to Article 97 of Highway Traffic Law No. 2918, submitting a formal written application to the insurance company prior to filing a lawsuit or applying to the Insurance Arbitration Commission is a mandatory procedural prerequisite. Furthermore, applying for mandatory legal mediation is required before litigating the claim.

Disclaimer: The information above is provided for general guidance only and does not constitute formal legal advice. Consulting a qualified attorney for specific legal disputes is strongly recommended.