ISTANBUL TRAFFIC ACCIDENT LAWYER

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ISTANBUL TRAFFIC ACCIDENT LAWYER

As Istanbul Traffic Accident Lawyer; The biggest problem that our country has been struggling with for many years is traffic accidents. As a result of traffic accidents, unfortunately, serious damages such as  death and injury may occur as well as material damages may occur in a way that damages the assets of people. People who have suffered an accident and damage should definitely work with an experienced Istanbul Traffic Accident Lawyer while fighting a legal battle  . In this way, "precautionary measures" can be placed on the vehicles or real estate of the vehicle owner or vehicle operator before the lawsuit is filed and financial losses are prevented.

 

I have been in a traffic accident, what should I do?

 

First of all, you should be calm and  collect the evidence that we will mention below as an Istanbul Traffic Accident Lawyer. Because this evidence ensures that the trial is in favor at the court stage.

 

1) Traffic accident report,

2) Photographs of the accident with the license plates of the accident visible,

3) Police station minutes and statements,

4) Alcohol report, if any,

5) Photocopies of the license of the vehicles involved in the accident,

6) Photocopy of driver's license and identity card,

7) License plate of the vehicles involved in the accident

8) Name and address of the vehicle operator, if any,

9) Insurance policies of vehicles,

10) If death has occurred, the autopsy report,

11) Information and documents about the job, earnings and education status of the deceased,

12) Information and documents about family members who are deprived of support

13) Information and documents to prove the treatment expenses of the injured or deceased (death in hospital)

14) Documents related to funeral and burial expenses

15) If the injury has occurred, a Temporary or definitive Forensic Health Report,

16) Hospital treatment documents and all expenditure documents related to treatment

Due to traffic accidents, material and moral damage may occur in people. In this context, in order to mention a fatal traffic accident, an accident involving at least one motor vehicle must have occurred, and the death event must have occurred after the accident. By persons who have suffered damages due to a fatal traffic accident, both criminal proceedings and those responsible for the traffic accidentCompensation Casecan be opened. The legal basis of the compensation cases to be filed due to the fatal traffic accident is the tort (BK art.49) liability. In this context, it will be filed against insurance companiesFatal traffic accidentIn order to avoid loss of rights in terms of compensation case, aIt is a great benefit to get legal support from Istanbul Traffic Accident Lawyer. Because in practice, people who do not have legal knowledge and insurance companies leave citizens in a difficult situation, people are victimized with insufficient and incorrect information Known. When claiming compensation from insurance companiesFrom Istanbul Insurance LawyerWe recommend that you get support. Thereforefatal traffic accidentwill be able to carry out the legal process professionally of the victimization experienced as a resultIstanbul Traffic Accident LawyerIt will benefit you to solve it through.

In accordance with Article 53/3 of the Turkish Code of Obligations No. 6098, compensation for the losses suffered by persons deprived of the support of the deceased as a result of the accident is required. This article is not dependent on the personality of the deceased, but is a right granted to the person of the person who is deprived of direct support. The article aims to keep the social and economic life levels of those deprived of support before the death event giving rise to the right to compensation at the same level after death.

Likewise, the Road Traffic Law 97. Item"The injured person can also file a lawsuit directly against the insurer within the limits stipulated in the compulsory liability insurance."It is decreed as follows. Although it is possible for the relatives of the deceased persons due to a traffic accident to claim compensation from the insurance companies, it should be remembered that the real damages are much higher than the payments made by the insurance companies. In this processistanbul insurance lawyerWe recommend that you get support from .Istanbul Insurance Lawyerto read about our services as a linkhitherYou can click it.

Who can sue?

 

If the injury has occurred in a traffic accident, the injured person himself may file a lawsuit for pecuniary and non-pecuniary damage. If a serious bodily injury has occurred as a result of a traffic accident, the relatives of the injured person (mother, father, spouse, children, fiancée) can only file a "non-pecuniary compensation case" (BK art.56). In this context, the Court of Cassation considers severe bodily injury as the loss of limb or inability of the injured person to perform his vital functions.

If death has occurred in a traffic accident, the relatives of the deceased who have suffered material and non-pecuniary damage (mother, father, wife, children, siblings, fiancée, persons under his care and support)  may file a lawsuit for compensation of material and non-pecuniary damages.

 

Against whom can a lawsuit be filed in traffic accidents?

 

A lawsuit may be filed against the driver of the vehicle at fault in the traffic accident, the owner of the vehicle, the operator of the vehicle and the insurance company by whichever insurance company has made the Compulsory Liability Insurance (Traffic Insurance) of the vehicle or the Discretionary Liability Insurance (Kasko Insurance) according to the scope of the policy. In this process,  Istanbul insurance lawyer provides legal services to its clients or clients.

 

What Damages Can Be Claimed in a Traffic Accident Compensation Case?

 

  • Non-pecuniary compensation due to feelings of grief, pain and suffering as a result of death,
  • All kinds of funeral expenses of the deceased,
  • Treatment expenses until the death occurs,
  • Persons who are deprived of the deceased's lifelong support may claim from their responsible persons compensation for deprivation of  support in relation to the financial benefit they will receive from the deceased during the possible support period. If the person who died due to a traffic accident is single, the age of his parents; If married, the age of the spouse and children and their marital status are taken into account in the calculation of the compensation amount.
  • In the compensation cases to be filed due to the injured traffic accident, Non-pecuniary damage, All kinds of treatment expenses of the injured person, Loss of earnings of the injured person, Losses arising from the decrease or loss of working power and Losses arising from the shaking of the economic future may be claimed.

 

What is the time limit for filing a lawsuit in traffic accidents?

 

The person who is injured due to a fatal traffic accident has a 2-year statute of limitations that will start from the date he learns of the damage and the perpetrator. Even if the victim learns the perpetrator and the damage later, in any case 8 years in the case of injured traffic accidents from the time the act was committed; There is a 15-year statute of limitations for fatal traffic accidents.

 

Can compensation be claimed if the defective vehicle does not have insurance or if the defective vehicle cannot be reached?

 

Article 85 of the Road Traffic Law In accordance with the article, it is a legal obligation for motor vehicle owners to take out compulsory liability insurance for their motor vehicles every year. Vehicles that do not have compulsory liability insurance are prohibited from going out to traffic. Despite this prohibition, an assurance account has been established to prevent third parties from being victimized due to material damages caused by vehicles on traffic. Thanks to the Assurance Account established for traffic accidents, even if the vehicle causing the accident does not have traffic insurance or the identity of the defective vehicle is not determined after the accident, it can request compensation for the damages in question from the assurance account.

 

As a result,  if the process is followed together with an experienced Istanbul Traffic Accident Lawyer, it  will be ensured that the rights granted to the person by the law can be used effectively.  With the support of Istanbul Traffic Accident Lawyer  , the person can use their rights effectively and quickly. We serve as an experienced Istanbul Traffic Accident Lawyer operating in Istanbul and represent you in civil courts.  As Istanbul Traffic Accident Lawyer, we provide support for the follow-up and management of the process when you encounter a traffic accident.  As Istanbul Traffic Accident Lawyer, if a proxy relationship is established, we provide legal assistance at the application stage to the insurance company related to the file and in case of a lawsuit.  As Istanbul Traffic Accident Lawyer,  we provide services related to civil cases opened against you all over Turkey, especially in Alanya, Ankara with our crowded team of lawyers.

 

 

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