Following fatal traffic accidents under Turkish Law, dependents who relied on the deceased for financial support, maintenance, and care suffer significant economic hardship. Loss of Support Compensation is an independent, personal, and primary claim intended to ensure that dependents can maintain their pre-accident social and economic standard of living without disruption.

I. Who Is Entitled to Claim Loss of Support Compensation?

This statutory right does not pass through inheritance; it arises directly in the person of the dependents who are deprived of the deceased's financial support. Accordingly:

  • Presumed Dependents (Heirs): The surviving spouse, minor/enrolled children, and parents are statutorily presumed to be dependents of the deceased and are not required to provide strict proof of financial support.
  • Non-Heir Dependents: Fiancés, stepchildren, cohabitants, or supported friends can claim compensation provided they prove that the deceased actively provided financial support during their lifetime.
  • Hypothetical (Future) Support: Based on the legal presumption that minor children will support their parents in the future, parents hold statutory standing to claim compensation as hypothetical support in the event of a minor child's death.

II. Actuarial Principles and Compensation Calculation

Determining loss of support compensation requires specialized actuarial expertise. Under settled Court of Cassation jurisprudence, calculations adhere to the following principles:

  • TRH-2010 Life Table: The remaining life expectancy of both the deceased and the dependents is calculated using the updated **TRH-2010 Life Table**.
  • Progressive Youth Discount Method (1.80%): Present-value discounting of future earnings strictly applies the **1.80% discount rate (Progressive Youth Method)** recognized by Turkish appellate courts.
  • Apportionment Ratios: After determining the net income of the deceased, allocation ratios are assigned for personal living expenses versus support shares allocated to the spouse, children, and parents.

III. Liable Parties, Insurance Companies, and the Guarantee Fund

Compensation claims may be asserted jointly and severally against the negligent driver, the vehicle owner (operator), and the **Compulsory Motor Third Party Liability (CMTPL/ZMSS) Insurer** of the vehicle.

  • Claims by Dependents of a Solely At-Fault Driver: Following landmark Constitutional Court annulment decisions, dependents of a driver who died as a result of their own 100% sole negligence are entitled to claim loss of support compensation directly from the vehicle's CMTPL insurance policy.
  • Uninsured or Unidentified Vehicles (Guarantee Fund): Where the at-fault vehicle lacks compulsory insurance or fled the scene unidentified, bodily injury and loss of support claims are covered by the **Turkish Guarantee Fund (Güvence Hesabı)**.

IV. Mandatory Mediation and Extended Criminal Statute of Limitations

While Article 109/1 of the Highway Traffic Law (HTL) stipulates a 2-year relative and 10-year absolute limitation period, because a fatal traffic accident constitutes a criminal offense (reckless homicide) under the Turkish Penal Code, **the extended criminal statute of limitations (at least 15 years pursuant to HTL Art. 109/2)** applies.

Furthermore, prior to instituting litigation before courts, serving a formal written claim upon the insurance company and completing **mandatory commercial mediation** under HTL Art. 97 and TCC Art. 5/A, or applying to the Insurance Arbitration Commission (STK), constitutes a mandatory procedural prerequisite.

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