Traffic Rights
Car accident in Turkey with German license plate
Did you have a car accident in Turkey?
Should you have caused in Turkey a car accident by your German car, you must follow some important points.
If this car accident has resulted in pure property damage, you should first take pictures of your car at the time of the accident. If you have agreed with the other driver about the accident and agree, you can create a contractual accident report. In this, the first and last name, as well as the Turkish identification number of the driver and the vehicle owner as well as the opposing motor vehicle liability insurance information must be completed in full. It is in your favor to photograph the identification card, the driving license, and the motor vehicle liability insurance of the accident driver of the opposing car. If there is no agreement between you and the other accident driver regarding the accident, you have the right to call the traffic police at 154 and have the accident report prepared by the traffic police.
After the accident, you must complete the required protocol, sign it, and link the other documents. After that, you must contact the vehicle liability insurance of the counterparty to file a claim file with the insurance company. This is a prerequisite for a lawsuit since the law change was implemented in 2015. This means that you cannot assert a claim directly without filing a claim file and giving the opposing motor vehicle liability insurance a payment period of 15 days.
If you want to open a claim file with the Turkish insurance companies in Turkey, you want to forward the vehicles with a foreign car license plate to your own (Turkish) workshop, because insurance companies want to see the repair of the vehicle done at an affordable price. However, a driver with a foreign license plate is not obliged to accept a repair shop in Turkey. The Turkish Federal Court of Justice (Yargıtay) has ruled several times that owners of foreign car registration plates can have the vehicle repaired in the country where the official license plate is registered. In this respect, the person with the documents in his possession may return to the country to which the vehicle is registered, as long as he admits the damage to the vehicle. The inspection and/or repair of the damaged vehicle can also be carried out in Germany. With the invoice of the inspection and/or repair you can have a damaged file opened in Turkey and if necessary, you can also bring a lawsuit. Because Turkish insurance companies often avoid making a 100% payment according to the opinions received abroad. In addition, the costs of the assessment can be asserted in the case of the opposing motor vehicle liability insurance.
In addition to the prerequisite for filing a damages file before filing an action, you must apply for “mediation” since the implementation of the law of 01.01.2019 if the opposing motor vehicle liability insurance does not respond within 15 days or request documents that are not necessary for the file. In this case, you will be assigned a mediator by the central system, and you will have the opportunity to discuss and clarify your claims with the opposing party’s insurance policy in a preliminary interview. However, if the mediation does not lead to an agreement, you can file a lawsuit.
For cars with a Turkish license plate, it is mandatory to take out motor liability insurance. Although the coverage limits are not very high, this is often sufficient for accidents with minor damage to property (the property damage limit for 2020 is 41,000 TL). Both the driver and the vehicle owner are jointly and severally liable in the event of damage above the coverage limit.
All out-of-court costs and ancillary costs of the vehicles with a German license plate, which have legal protection, are covered by the insurance.
The right to damages (the limitation period) is 2 years from the date of the accident.
In the event of a car accident with damage to your vehicle (with foreign vehicle registration plates), you can claim the following damage:
Repair costs
In the case of total damage, the value of the vehicle is determined in the expert report.
The costs of the expert in Germany
Cost of the rental car (if you prove that this is necessary and there is no way to use public transport)
In the event of accidents involving personal injury
Medical costs
Loss of earnings
Non-material damage (small amount).
Loss of value of the vehicle has not been asserted against motor vehicle liability insurance since 01.04.2020.
In case of vehicle accidents you have had in Turkey, we can support you at any stage and can also handle all correspondence for you with your legal protection insurance. Do not hesitate to contact us.
Mandate
How can you entrust Koca & Ersöz with legal representation?
In principle, a notarial authorization (at the Turkish consulate or a German notary with apostille) must take place before taking up a lawyer’s duties. You will receive the sample power from us.
I have legal expenses insurance. What about it?
First of all, there is no need for authorisation to advise. For judicial representation, however! Give us a copy of your insurance policy or contact your legal expenses insurance to obtain a cost recovery commitment. This will normally be granted unless there is a contractual exclusion of your litigation.
We offer our legal consulting services at a flat fee or hourly rate. We offer various consultation models! You can inform us about the subject by email or by filling out the form below and request a cost estimate, or call us at +90 212 660 49 00 (Istanbul) or +49 30 677 901 90 (Berlin), or send us a message through our WhatsApp hotline at +90 543 449 49 00 to arrange a consultation appointment.
