How to Obtain Compensation for Loss of Support in Fatal Traffic Accidents?

Compensation for Loss of Support in Fatal Traffic Accidents: What Should You Do, What Steps Should Be Followed?

Losing a loved one in a traffic accident creates both emotional and economic voids in your life. Compensation for loss of support is a legal right requested to cover the future income and support losses of the deceased person's family members. This process requires both evidence gathering and correct legal strategy. Below you will find step-by-step information on the actions you need to take, the legal articles you will rely on, and basic information regarding timeframes.

What Laws Can Be Relied On?

• Turkish Code of Obligations (TBK) Art. 53/1-b: Regulates compensation for support damage suffered by those deprived of the support of the deceased due to the death of a third party.
• TBK Art. 49: General provision for the remedy of damages arising from tort; the calculation of material damages is made based on this article.
• TBK Art. 51: Means of remedy for damages (monetary compensation, etc.).
• TBK Art. 56: Provisions for moral compensation (appropriate compensation for relatives in the event of death).
• TBK Art. 53/1-a: Medical expenses (expenses incurred before death).
• Traffic Law No. 2918 Art. 109: Regulations on insurance coverage in cases of death under compulsory financial liability insurance.
• Turkish Penal Code (TCK) Art. 85: Regulates the crime of manslaughter due to negligence and its penalties; contributes to determining the degree of fault in the criminal investigation.

Who Can Request Compensation?

Generally, the legal heirs of the deceased (spouse, children, parents) claim compensation for loss of support. Those deprived of support must prove economically that they suffered damages based on the deceased’s actual support.

Step-by-Step Process

• 1. Evidence gathering after the accident: Compile the accident report, death certificate, population registry copies, witness statements, photographs of the scene, and any available video recordings.
• 2. Application to the insurance company: Submit a written request to the compulsory financial liability insurance of the at-fault vehicle (specifying your claims for loss of support, funeral expenses, etc.). Wait for the expert report; use the right to appeal if a rejection occurs.
• 3. Criminal investigation: The prosecutor's office usually initiates an investigation ex officio. The criminal file is important for determining the degree of fault and causation.
• 4. Filing a lawsuit: In cases where claims exceed the insurance limit or if the insurance does not make payments, a compensation lawsuit is filed against the at-fault driver or operator in the Civil Court of First Instance. The competent court is generally the one where the accident occurred or where the deceased resided.
• 5. Presentation of evidence and actuarial calculation: Document the deceased’s income (payroll, social security records), the needs of dependents, and the expected loss of support. The future income loss is calculated with an actuarial report.
• 6. Appeal and execution: Once the court decision becomes final, execution proceedings can be initiated for the payment; if the insurance limit is exceeded, the excess is recouped from the at-fault driver.

Particular Considerations for Evidence

• Records related to the deceased's income: Social Security service breakdown, tax and payroll documents.
• Documents showing the cohabitation/dependency relationship: photographs, account transactions, witness statements.
• Invoices for funeral and medical expenses.
• Criminal file and expert reports (vehicle speed, fault assessment, etc.).
• Actuarial calculation report (obtained from a qualified actuary).

Timeframes and Statutes of Limitations

• Insurance claim: Must be made within 2 years from the date you learned of the damage and the liable party.
• Compensation lawsuit arising from tort: A two-year period from the date you learned of the damage and the liable party; there may also be a definitive 10-year period from the date of the accident. Additionally, there are long-term assessments regarding death cases in practice, with some sources highlighting 15-year periods.
• Criminal investigation: Not dependent on a complaint; the prosecutor's office initiates an investigation ex officio.
• Interest: The court decision is generally arranged to accrue legal interest from the date of the accident.

Current Coverage and Cost Information (Based on Research Data)

The following figures are based on estimated coverage and expense information for the 2025–2026 period found in relevant research data. Insurance coverage limits are updated over time; confirmation from insurance and official sources is required for exact figures.

• Traffic insurance death/disability coverage per person (2025-2026 estimate):
• Car / Taxi: 2,700,000 TL - 3,600,000 TL per person
• Minibus / Bus: Approximately 2,700,000 TL per person
• Motorcycle: Approximately 2,700,000 TL per person
• Litigation and report costs:
• Actuarial report: 5,000 – 15,000 TL (varies according to expertise and complexity).
• Attorney's fees: Relatively based on bar tariffs (e.g., minimum around 12%); may vary by agreement between the parties.
• Court fees: Court fees calculated based on the relative amount of compensation apply.
• Funeral expense claim: Claims from insurance can be around 10,000 – 20,000 TL (variable according to sources).

Supreme Court Jurisprudence and Practice

Supreme Court decisions place great importance on the deceased's income, the age and care needs of dependents, and the determination of the degree of fault in calculating loss of support. For example, in the decisions of the 17th Civil Chamber of the Supreme Court, it has been observed that loss of support and moral compensation were accepted, and the degree of fault affected the amount of compensation. Therefore, criminal files and fault determination play a critical role in the litigation strategy.

What Can Korkmaz Law Office Do?

• Case analysis: We evaluate your case documents and review criminal and administrative records.
• Evidence gathering and organization: We ensure that accident reports, health and social security records, witness statements, and video recordings are collected legally and plan how they will be used.
• Coordination of actuarial and technical experts: We direct specialists and experts for calculating future income loss and support damages.
• Insurance negotiations and lawsuit tracking: We handle written requests with insurance, negotiations, and litigation processes if necessary. We evaluate recourse options based on the insurance limit and fault situation.
• Mediation and court strategy: We develop an effective lawsuit and mediation strategy suitable for the family’s interests.

At Korkmaz Law Office, our İzmir-based experience specializes in representing families in both administrative-criminal processes and material-damage lawsuits regarding traffic accidents. We offer an approach that will reduce legal uncertainties at all stages of the process, professionally coordinating evidence procurement and calculations.

Conclusion

The request for compensation for loss of support in fatal traffic accidents requires rapid evidence gathering, monitoring of the criminal file, actuarial calculations, and an insurance battle. Due to variability in timeframes and insurance coverage, obtaining legal support without delay prevents the loss of rights and ensures that your compensation claim is based on strong foundations.

It is essential to consult with a specialized attorney for a detailed legal assessment and strategy specific to your case.

Disclaimer: This article is for general informational purposes and does not constitute individual legal advice. Legislation and insurance coverages may change over time; it is necessary to obtain current official resources and professional legal advice for accurate determination of your rights in a specific case.