Calculation of Compensation for Traffic Accidents Involving Injury

Traffic accident compensation for bodily injury is the legal right that a person injured in a traffic accident claims to cover their pecuniary and non-pecuniary damages.

After the accident, the victim calculates medical expenses, determines loss of income, and adds the non-pecuniary damages they have suffered to their compensation claim. Furthermore, the victim directs these claims to the at-fault driver, the vehicle owner, and the insurance company.

WHAT DOES TRAFFIC ACCIDENT COMPENSATION FOR BODILY INJURY MEAN?

Traffic accident compensation for bodily injury refers to the monetary equivalent of all economic and physical losses experienced by a person injured in an accident.

Firstly, this compensation does not only cover hospital expenses. At the same time, the victim experiences a loss of income, loses their earning capacity, and their quality of life decreases.

Therefore, the compensation includes the following items:

• Medical expenses
• Temporary incapacity
• Permanent incapacity
• Loss of income
• Non-pecuniary damages

WHO IS LIABLE IN A TRAFFIC ACCIDENT WITH BODILY INJURY?

In a traffic accident, more than one party holds liability. Therefore, the victim does not direct their compensation claim to a single person.

The victim usually claims compensation from the following parties:

• The at-fault driver
• The vehicle owner
• The insurance company

Additionally, the victim first makes an application to the insurance company. If the insurance company makes a low payment, the victim initiates the legal process.

HOW IS TRAFFIC ACCIDENT COMPENSATION FOR BODILY INJURY CALCULATED?

Experts do not calculate compensation with a fixed formula because every accident creates different damages.

Instead, experts evaluate the following criteria together:

• Disability rate
• Fault rate
• Age
• Monthly income
• Recovery period

In addition to this, actuarial experts also include the loss of income that will occur in the future in the calculation.

SAMPLE CALCULATION FOR TRAFFIC ACCIDENT COMPENSATION WITH BODILY INJURY

Let’s proceed with a concrete example:

• Monthly income: 30,000 TL
• Disability rate: 20%
• Fault rate: 0%
• Age: 30

In this case, the victim claims compensation between 300,000 TL and 1,000,000 TL+.

Additionally, the victim calculates and claims medical expenses and non-pecuniary compensation separately.

HOW MUCH IS TRAFFIC ACCIDENT COMPENSATION FOR BODILY INJURY?

In Turkey, traffic accident compensation for bodily injury generally varies between 50,000 TL and 2,000,000 TL+.

However, this amount is not fixed, because the fault rate, disability level, and income level directly affect the result.

TYPES OF INCAPACITY

Incapacity plays an important role in the calculation of compensation. Experts evaluate this situation in two ways:

• Temporary incapacity: The victim cannot work for a short period
• Permanent incapacity: The victim permanently loses their working capacity

Especially in cases of permanent incapacity, the amount of compensation increases significantly.

HOW DOES THE FAULT RATE AFFECT COMPENSATION?

The fault rate directly determines the amount of compensation.

For example:

• 0% fault → Victim receives full compensation
• 50% fault → Victim receives half of the compensation

For this reason, the victim carefully examines the fault report and objects if necessary, because even a small change significantly affects the total compensation.

HOW DOES THE INSURANCE COMPANY PROCESS WORK?

The insurance company makes payments within the scope of compulsory traffic insurance. The company examines the file and makes payment within the coverage limits.

You can check current limits through the Insurance Information and Monitoring Center.

Despite this, insurance companies often offer a low settlement. Therefore, the victim should not accept the first offer.

STATUTE OF LIMITATIONS FOR TRAFFIC ACCIDENT COMPENSATION WITH BODILY INJURY

To avoid losing their right to compensation, the victim carefully tracks the timeframe.

Generally, the victim makes an application within 2 years.

In some special cases, this period may be extended. Therefore, the victim should not delay the process.

MOST FREQUENT MISTAKES

Accident victims make some mistakes during the compensation process, and these mistakes lead to serious losses:

• The victim focuses only on vehicle damage
• The victim delays the insurance application
• The victim does not take the fault rate into account
• The victim accepts a low offer

These mistakes directly decrease the compensation amount.

COMPENSATION CALCULATION TOOLS

Online calculation tools produce only estimated results because the conditions of every accident are different.

Additionally, medical reports and fault rates change the result. For this reason, the user should use these tools only for preliminary information.

WHY SHOULD LEGAL SUPPORT BE OBTAINED?

The traffic accident compensation process requires technical knowledge. Additionally, insurance companies often offer low payments.

Individuals who receive expert support:

• Make more accurate calculations
• Receive higher compensation
• Do not experience loss of rights

FREQUENTLY ASKED QUESTIONS