Compensation Liability in Ship Accidents: Who Pays for the Damage?

How is legal liability determined in maritime accidents? Attorney Gizem Gonce answers

Collisions between commercial vessels, cargo lost at sea, or a ship sinking can cause substantial financial losses. In a maritime accident, who is responsible for compensation? How are the legal positions of the shipowner, captain, carrier, and insurer determined?

Accidents in maritime trade are not limited to physical damage to vessels. They can also give rise to high-value compensation disputes involving cargo owners, importers, exporters, ship operators, and insurers.

It is particularly important to determine which party is responsible when ships collide, cargo falls into the sea, a voyage is disrupted, or crew members are injured. However, the mere occurrence of an accident does not, by itself, establish that a particular person or company is legally liable.

Attorney Gizem Gonce, who comments on maritime commercial law, emphasizes that fault in maritime accidents, the shipowner’s liability, and insurance cover must be assessed separately.

The collision between the Turkish-flagged commercial vessels Alsu and Tuğberk İmamoğlu off Silivri in the Sea of Marmara on September 2, 2026, which resulted in the sinking of Tuğberk İmamoğlu, brought liability issues in maritime commercial law back into focus. A preliminary expert report on the incident assessed various deficiencies in the navigation and safety practices of both vessels, and a judicial investigation was also opened.

Questions and answers

Who pays for the damage when two commercial ships collide?

Attorney Gizem Gonce: First, it must be established how the accident occurred, whether the ships complied with navigation rules, and which obligations the parties failed to fulfil. Under the Turkish Commercial Code provisions on maritime accidents, the fault of the ships involved in the collision and its effect on the damage are assessed. More than one ship may be at fault. The scope of compensation and the liability between the parties are determined according to the circumstances of the specific case.

Is a shipowner liable for all damage caused by their ship?

Attorney Gizem Gonce: The shipowner’s liability is a fundamental subject in maritime commercial law. However, a shipowner, ship operator, carrier, and captain do not have the same legal status in every case. The contracts, fault, nature of the damage, and applicable legislation must be examined. In addition, limitation of liability may be relevant for certain maritime claims, subject to the statutory conditions.

Will the insurer cover all damage caused by an accident?

Attorney Gizem Gonce: The existence of an insurance policy does not mean that every loss will be covered in full. Hull and machinery insurance may cover damage to the vessel itself; P&I insurance may cover certain liabilities to third parties; and cargo insurance may apply to the goods carried. Coverage limits, exclusions, deductibles, and notification duties must also be examined.

What should people who have suffered loss do first after a maritime accident?

Attorney Gizem Gonce: First, ensure people’s safety and make the necessary emergency notifications. Then preserve incident reports, navigation records, cargo documents, photographs, survey reports, and insurance correspondence. Contractual and statutory notification deadlines should be checked without delay to avoid losing rights.

Compensation liability in maritime accidents is determined not only by the outcome of the accident but also by fault, contracts, the causal link between conduct and damage, and the applicable legislation.

If a ship sinks, from whom can the cargo owner claim for the loss?

Attorney Gizem Gonce: First, the contract of carriage, bill of lading, cargo insurance, and legal nature of the incident must be examined. The carrier’s liability may arise in respect of loss of or damage to the cargo. Insurance cover and any other persons who may be liable are also considered. The party against whom a claim should be made is determined in each case according to the contract and legislation.

Why is evidence important in an accident of this kind?

Attorney Gizem Gonce: Navigation records, radar and AIS data, electronic chart records, radio communications, ship logs, and cargo securing documents may play a critical role in clarifying the incident. Preserving evidence in a timely manner is important both for determining fault and for compensation claims.