Alanya Compensation Claims Lawyer

Traffic Accidents and Compulsory Insurance

Vehicle keepers must take out compulsory motor third-party liability insurance to cover their liability under KTK Art. 85 (KTK Art. 91). Within the limits of the insurance, the injured party must apply in writing to the relevant insurer before going to court; if the insurer does not reply in writing within 15 days of the application at the latest, or the reply does not satisfy the claim, an action may be brought or arbitration may be sought under Law No. 5684 (KTK Art. 97). The cost of services provided by health institutions as a result of a traffic accident is covered by the Social Security Institution (KTK Art. 98). For details on fault and liability in motorcycle accidents, see the article Compensation for Motorcycle Accidents.

Insurance Arbitration Commission

In disputes arising from compulsory insurance, claimants may apply to the Insurance Arbitration Commission even if the insurer is not a member of the arbitration system (Law No. 5684 Art. 30/1). To apply to the Commission, a claim relating to the incident must first have been made to the insurer and it must be documented that the claim was rejected in whole or in part; the insurer’s failure to reply in writing within 15 working days is also sufficient (Art. 30/13). No application can be made to the Commission for disputes already brought before a court (Art. 30/14). Arbitral awards may be objected to before the Commission within ten days of notification; awards below the monetary threshold are final (Art. 30/12). Monetary thresholds are checked separately against the current legislation.

Heads of Damage: Medical Costs, Loss of Earnings and Loss of Support

Bodily injury damages include, in particular, medical expenses, loss of earnings, losses arising from reduced or lost capacity to work and losses arising from impairment of economic prospects (TBK Art. 54). In the event of death, the heads of damage are funeral expenses, medical expenses and losses of working capacity where death did not occur immediately, and the losses suffered by those deprived of the deceased’s support (TBK Art. 53). These damages are calculated in accordance with the provisions of the TBK and the principles of liability law; the compensation so calculated may not be increased or reduced on grounds of equity (TBK Art. 55). Law No. 7589 (31/7/2026) added two paragraphs to TBK Art. 55: in compensation for loss of working capacity and loss of support, statutory interest runs from the date of the incident on the portion relating to the period in which earnings are known, and from the date of judgment on the portion relating to the period in which they are not known; amounts paid in performance before the taking of evidence begins are also set off proportionally. For details of this amendment, see the article on the 12th Judicial Package.

Non-Pecuniary Damages

Where physical integrity is harmed, the judge may, taking into account the particular circumstances of the case, award the injured party an appropriate sum of money as non-pecuniary damages; in cases of serious bodily harm or death, non-pecuniary damages may also be awarded to relatives (TBK Art. 56). Non-pecuniary damages may also be claimed for infringement of personality rights (TBK Art. 58). Under Highway Traffic Act Art. 92, claims for non-pecuniary damages are among the matters excluded from compulsory liability insurance cover; the party against whom such damages are claimed and the procedural route are therefore determined separately for each file.

Workplace Accident Compensation

The employer is obliged to take the measures necessary to ensure occupational health and safety in the workplace; damage resulting from the death of an employee or harm to their physical integrity due to the employer’s conduct contrary to law or contract is subject to the rules on contractual liability (TBK Art. 417). A workplace accident is defined in Art. 13 of Law No. 5510. Where a workplace accident occurs as a result of the employer’s intent or breach of occupational safety legislation, the Social Security Institution may recover its payments from the employer within certain limits (Law No. 5510 Art. 21). Mediation is not a precondition for actions for pecuniary and non-pecuniary damages arising from workplace accidents (Law No. 7036 Art. 3/3). For employment rights relating to seasonal work in the tourism sector, see the article Seasonal Workers: Suspension Period and Compensation Rights, and for other employment matters, see the page Alanya Employment Law Lawyer.

Accidents Involving Foreign Nationals and Foreign-Registered Vehicles

Obligations arising from torts are governed by the law of the country where the tort was committed; where the act and the damage occur in different countries, the law of the country where the damage occurred applies; if there is a closer connection with another country, that country’s law may apply (Act on Private International Law and International Civil Procedure (MÖHUK) Art. 34). If the law applicable to the tort or to the insurance contract so permits, the injured party may bring the claim directly against the liable party’s insurer (MÖHUK Art. 34/4). If foreign-registered vehicles have no insurance valid in Türkiye, compulsory insurance is taken out at the border (KTK Art. 91). For bodily injury caused by uninsured vehicles or in accidents where the insured cannot be identified, an application may be made to the Guarantee Fund (Güvence Hesabı); payments by the Motor Insurers’ Bureau of Türkiye under the Green Card system also fall within this scope (Law No. 5684 Art. 14). Injured parties living abroad may act through an authorised representative; the form in which the power of attorney is executed depends on the country where they are located. For other legal matters concerning foreign nationals, see the page Alanya Foreigners Law Lawyer.

Medical Malpractice Compensation

For damage caused by misdiagnosis, wrongful treatment or surgical errors, compensation claims are prepared and pursued in the civil courts against private healthcare providers and physicians on the basis of the rules on mandate contracts and torts (TBK Art. 502 et seq., Art. 49), and in the administrative courts against the administration for damage arising from treatment in public hospitals.

Liability of the Administration and Full-Remedy Actions

For damage arising from administrative acts or actions, the procedure of applying to the administration within one year of learning of the act and in any event within five years of its date, and, if the application is rejected, bringing a full-remedy action before the administrative court, is conducted (Administrative Procedure Act (İYUK) Art. 12, 13).

Compensation for Unlawful Detention and Protective Measures

For damage arising from unlawful arrest, custody, pre-trial detention or search, or following a decision of non-prosecution or acquittal, an action for compensation against the State Treasury is brought before the high criminal court within three months of the decision becoming final and in any event within one year (Code of Criminal Procedure (CMK) Art. 141, 142).

Infringements of Personality Rights and Online Attacks

Where personality rights are harmed by insult, defamation, breach of privacy or online publications, requests to prevent and stop the attack, remove the content or block access, together with claims for pecuniary and non-pecuniary damages, are pursued (Turkish Civil Code (TMK) Art. 24, 25; TBK Art. 58; Law No. 5651 Art. 9).

Damage to Property, Vehicle Damage and Diminished Value

In claims for damage to belongings and vehicles, diminished value and loss of use (replacement vehicle, loss of earnings) arising from traffic accidents, flooding, fire or neighbour relations, damage assessment, insurance claims and court proceedings are conducted (TBK Art. 49; KTK Art. 85, 90).

Liability of Animal Keepers and Building Owners

Compensation claims are prepared for damage caused by animals, such as dog bites, and for falls, collapses and similar damage caused by defective construction or inadequate maintenance of a building or structure (TBK Art. 67, 69).

Damage from Defective Goods and Services and Product Liability

For damage caused by defective goods or services and unsafe products, mandatory mediation, consumer arbitration committee and consumer court proceedings are pursued against sellers, providers and manufacturers (Law No. 6502 Art. 11, 73/A; Law No. 7223 Art. 6).

Compensation for Breach of Contract

In compensation claims arising from non-performance or defective performance, delay and contractual penalties under sales, lease, works (construction and renovation) and flat-for-land construction contracts, the stages of formal notice, negotiation, mediation and litigation are conducted (TBK Art. 112, 125, 179).

Damage Suffered During Tourism, Accommodation and Holidays

For injuries and loss of belongings occurring during tourism services such as hotels, pools, beaches, boat tours or water sports, compensation claims are prepared on the basis of the liability of the operator, the employer and the package tour organiser (TBK Art. 66, 116; Law No. 6502 Art. 51).

Recourse Actions and Representation of the Liable Party

In addition to injured parties, the driver, vehicle keeper, employer or business against whom a compensation claim is directed is represented, and defences are prepared in recourse actions brought by an insurer that has paid or by the Social Security Institution (Turkish Commercial Code (TTK) Art. 1472; Law No. 5510 Art. 21).

Mediation and Settlement Negotiations

Settlement negotiations with the insurer and the opposing party, before or during proceedings, and voluntary or mandatory mediation meetings are attended, and any agreement reached is recorded in minutes (Law No. 6325; TTK Art. 5/A).

Enforcement of Compensation Judgments and Recognition of Foreign Judgments

Compensation judgments obtained are collected through enforcement proceedings based on a court judgment, and actions for the recognition and enforcement in Türkiye of compensation judgments issued by foreign courts are conducted (Enforcement and Bankruptcy Act (İİK) Art. 32; MÖHUK Art. 50 et seq.).