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Accidents on the Road in Turkey

This guide was written by Başak Yıldız Orkun, Managing Partner at Orkun & Orkun (info@orkunorkun.com) in collaboration with Guides.Global (office@guides.global).

It was written on 11 July 2017. The law and practice in Turkey change all the time. Our guides are updated as frequently as possible - typically every three years - but may be out of date.

Our guides are prepared by professionals from many countries. They are, of necessity, both brief and general and can take no account of your personal circumstances. They are intended to be a good introduction to the subject BUT ARE NO SUBSTITUTE FOR PROPER PROFESSIONAL ADVICE, which our contributors will usually be happy to provide upon request.

The advice and opinions contained in the guides are those of the author and are not necessarily those of Guides.Global.

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The scope of this guide

This guide is about road accidents in Turkey. It covers the accident you should take after being involved in an accident - both immediately and later on. It tells you about your legal rights and responsibilities after a car crash.

You may also want to watch the video about dealing with an accident in Turkey or download the audio (MP3) guide.

Introduction

Accidents on the road are an all-too-frequent occurrence, particularly in Turkey where the combination of poor roads and a scant regard for the traffic laws leads to a higher-than-average accident rate.

In 2014, there were 1,199,1010 road accidents in Turkey, of which 168,512 involved death or injury. Some 3,524 people were killed and 285,059 were injured. This is the equivalent of 8.9 fatalities per 100,000 inhabitants – that’s compared with 2.9 in the UK, 4.3 in Germany, 5.1 in France and 10.6 in the US.

There are three main components to dealing with a road traffic accident in Turkey:

In this guide, we will deal in detail with only the last two points.

It is worth remembering that dealing with even a simple accident in Turkey is a lot more complicated if you do not speak the language. In Turkey, you have a reasonable chance that the other driver will speak English but very little chance that they will speak any other language apart from Turkish. You have almost no chance that any Turkish police officer attending will speak anything but Turkish.

Your legal obligations in Turkey

Can you move your vehicle after an accident in Turkey?

In some countries, it is illegal to move your vehicle after an accident until the police have attended the scene. This is not the case in Turkey unless injuries have been caused by the accident.

However, in the case of a serious accident where injury has been incurred, it is a legal requirement to leave the vehicles in place. That way the Turkish police will get a better idea of what has happened.

If you do think that it's necessary to move your car you should try to get the consent of the other driver before doing so. If you are going to move the vehicle, you should not do so until after the accident report form has been completed (see below).

If you do have to move your car, again, you should always try to take photographs of the scene of the accident before anything is moved.

If you move your car before you call the police or without the consent of the other driver you may find it impossible to make a claim against your insurance.

Do you have to call the police to an accident in Turkey?

It is a legal requirement that you call the Turkish police if any person involved in the accident has suffered any ‘significant injury’. In practise, this means if they are bleeding (other than superficial scratches), have a suspected broken bone or have any other symptoms that mean they cannot immediately continue with their journey.

In all other cases - which means in the vast majority of minor traffic accidents in Turkey - there is no need to call the Turkish police and doing so can prove counter-productive. This is because, if the police attend, a whole chain of bureaucracy and paperwork is set in motion and can take a long time to deal with.

What to do while you're waiting for the police to arrive:

While you are waiting for the police – or if you don’t call them:

Accident report forms in Turkey

In your car, you should have an ‘accident report’ form. This is a legal requirement.

In Turkey, the accident report form is provided by your insurance company as part of the annual renewal process. It is in a standard design and - very importantly - the instructions are always written in both Turkish and English. Some companies also provide a translation into other languages but that is not a legal necessity.

The form contains spaces to record the essential information about the accident. This way nothing is forgotten.

The information includes items such as the registration numbers of the vehicles, the names and contact details of the drivers, the names and contact details of any witnesses etc.

It also provides a space for you to make a sketch plan of the scene of the accident. This is rather meagre and there is nothing to stop you making additional sketch plans and attaching them to the form.

The form also contains a place where you and the other people involved can make an agreed statement of who you think is responsible for the accident. Equally, if you can't agree who was responsible, there is a place for each of you to state your opinion of what caused the accident.

You can record your opinion in any language. This is not a perfect solution because it means that the other people involved in the accident will probably not understand what you’re saying and therefore they won’t be able to comment on it in their version of events.

Once you have complete the accident report form, you may move your vehicle. Once again, it’s a good idea to get the consent of the other driver(s) involved before doing so.

Most lawyers in Turkey would advise you never to admit responsibility for an accident on this form.

However, if the accident was clearly your fault - for example, if you pulled out of a side road and ran directly into the side of a passing vehicle or you ran into the back of a vehicle that was stopped at a red traffic light - it can create a lot of good will if you admit your responsibility at the scene of the accident. It also minimises the time and expense of later dealing with any claim.

If you are going to admit responsibility - or if you think the accident was your fault but don't want to admit it at the time - it is important to take photographs of any damage that has been caused to your vehicle and any other vehicles or property. If you haven't got a camera, make notes but (obviously) this isn't nearly as good.

When (if) the Turkish police attend

Expect this to take a long time, particularly if anybody has been injured. Note that there is no accident report form needed if the police are called.

They will then, if appropriate, commence the criminal process. See below.

What happens next?

If the police think that the conduct of any driver deserves criminal prosecution, they will report the facts to the prosecutor for a decision as to whether charges should be brought. This will usually involve your having to attend the prosecutor's office for interview. Fortunately, very few accidents are reported for prosecution and those that are usually involve drink, hugely excessive speed or serious injury.

If you are prosecuted (and convicted), depending on the offence with which you are charged, you are likely to be fined and/or banned from driving for a period of time. More serious cases can result in a sentence of imprisonment. See our guide to Crime and Criminal Cases in Turkey.

If you are convicted, the court will not notify the authorities in your own country about your conviction.

If the police do not report the accident, then the parties will be left to sort out the question of any compensation payable.

Reporting the accident to your insurance company

You only need to report the accident if:

If in doubt, report it.

If you are going to report the accident, do so by telephoning your insurance agent or, if your company has one, its claim line and then follow their instructions.

This is where you discover the benefit of dealing with an insurance company with a claim line in your own language.

Remember that, even if you don't report the accident, you will (in most countries) have to declare the fact that you had the accident when you apply for the renewal of your insurance. If you do not do so, the policy is likely to be void - i.e. of no effect. This will make you guilty of the criminal offence of driving without insurance and, of course, be catastrophic if you are later involved in an accident which is your fault and which injures someone or damages property.

Seeing your lawyer

Dealing with the aftermath of a road accident is not something you should do yourself, even if you speak good Turkish.

You should see your lawyer as quickly as possible. The sooner you see him the more satisfactory the outcome of the case is likely to be.

What compensation can you claim in Turkey?

You can claim compensation for:

Other consequences of a road accident in Turkey

If you cannot prove your ownership of your vehicle and/or that it has insurance, the vehicle will be impounded. Getting it back can take weeks.

If you are convicted of any motoring offence arising out of the accident, your insurance premium will rise dramatically. This is because, in Turkey, only the most serious conduct is prosecuted.

How long does this take?

If there is a criminal case, it could well take two to three years to be resolved, plus another one or two years if the person is convicted and chooses to appeal.

A civil case for compensation will be started at about the same time as any criminal case but is likely to take one or two years from the filing of any expert’s report in the criminal proceedings.

Conclusion

Car accidents are, sadly, still a common occurence in Turkey - so it's good to be prepared. Make sure to take action as soon as possible after an accident, especially if you're likely to want to make a claim. Memories fade, witnesses vanish and evidence of injury can become faint.

Other guides of interest

 Description Link 
Turkey Country Guide
Essential facts and figures about Turkey
Click to see this guide
Dealing with an Accident in Turkey
The general process of dealing with an accident
Click to see this guide
Accidents at Work in Turkey
What happens if you hurt yourself at work in Turkey
Click to see this guide
Accidents Due to Defective Premises in Turkey
What happens if you have an accident due to dodgy buildings in Turkey
Click to see this guide

Readers' Comments

 

Further information?

I hope you have found this guide useful. If you need any further help, please contact me.

Başak Yıldız Orkun

10 July 2017


 

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