Flood Damage Without Comprehensive Motor Insurance: Compensation Rights

Author: Av. Gizem Gonce · Published: 15 October 2026

Owners whose vehicles are damaged in a flood may seek compensation from the person responsible or, depending on the circumstances, the relevant public authority even if they have no comprehensive motor insurance. The absence of comprehensive cover does not, by itself, remove the right to claim compensation. However, not every instance of flood damage automatically makes the state or municipality liable.

The central legal question is: what caused the damage to the vehicle, and who can legally be held responsible?

How does the compensation process work?

1. Document the damage and the incident

Keep photographs and videos showing the vehicle’s exposure to floodwater, an incident report, any findings by AFAD or the municipality, towing invoices, workshop reports and repair estimates. If the vehicle cannot be used, that should also be documented.

2. Identify the responsible person or authority

Where inadequate rainwater infrastructure, blocked drains or a lack of maintenance is alleged, the responsibility of the municipality or other competent authority is investigated.

Where the issue concerns a streambed, flood protection or similar infrastructure, the relevant authority’s duties and responsibilities are examined.

If the damage is alleged to have resulted from a private individual’s actions, private law provisions may apply.

Heavy rainfall alone does not establish the administration’s liability. Fault in the delivery of a public service, causation and any force majeure are assessed together.

3. Apply to the relevant authority

Where damage is alleged to arise from an act of a public authority, a written application to that authority is generally required under Article 13 of Türkiye’s Administrative Procedure Act No. 2577 before bringing a full remedy action before an administrative court. The application explains the incident, the basis of liability, the individual heads of loss and the compensation sought.

4. Consider court proceedings if payment is not made

If the authority rejects the application or does not respond within the statutory period, a full remedy action may be brought in the administrative courts if the necessary conditions are met. The time limit for proceedings must be calculated separately by reference to the rejection or failure to respond.

What losses can be claimed?

To the extent supported by the circumstances and evidence:

• Vehicle repair costs,
• The vehicle’s market value at the date of the incident if it is a total loss,
• Provable towing, recovery and other related costs,
• Financial losses arising from loss of use of the vehicle, where the relevant conditions are met.

Each head of loss is not automatically accepted; expert assessment, documentation and causation are decisive.

The key issue: do not miss the time limit

For damage arising from administrative acts of a factual nature, Article 13 of the Administrative Procedure Act provides for an application to the authority within one year of learning of the damage and, in any event, within five years of the act. Special time limits and different legal avenues may apply depending on the nature of the incident; the application deadline must therefore be calculated for the individual case.

Conclusion: an owner without comprehensive motor insurance may still seek compensation. First, however, the location of the flood, the authority responsible for the relevant infrastructure and the cause of the damage must be identified.