Elaine

Please can you advise on the limitation for the amount of a personal claim for a road traffic accident.

Also the time limitation (I have been told this is 5 years - is this correct?)

I was in a road traffic accident in July 2003 in which my husband was killed and I was seriously injured.

My English Lawyers have assessed my loss of earnings as being a substantial amount but we are now being told there is a very low limit that can be claimed on the insurance of the 2 drivers involved (both have been sentanced and imprisoned).

I will lose my home if I do not receive compensation as I have been unable to work since the accident. On top of losing my husband this is unbearable.

What about moral losses? Scars, emotional damage etc.?

I am at my wits end as to how to put closure on this whole, horrible episode.

Any advice you can give would be appreciated.

Dear Elanie,
If you had a disablement after the accident then the time limit will start from the end of your disablement. So I recommend you to bring an action as soon as possible for your damages.

Why do not you counsel to a Turkish Lawyer. The case is going to be held in Turkey you know..

Dear Elaine

Please count me among those who share your sorrow.

I wish I was writing to assist on a theroritical case rather than on this sad topic.

I will write down relevant articles which may give you an idea but please note the following rule on limitation period regarding injury claims.

"The time limit applicable to injury claim is one year (two years if the injury has arisen out of a traffic accident) after the prejudiced party has received knowledge of the damage and liable person, but in any case ten years from the date of the act caused the damage. If the action is based on tort which the penal code prescribes a longer period of limitation, then it will apply to the civil claim, too."


Turkish Code of Obligations

A. Liability in General / I. Requirements of Liability

Article 41

Every person who causes damage to another in an unlawful manner, be it wilfully or be it negligently or imprudently, is liable for compensation.

Every person who, contra bonos mores, wilfully causes damage to another is also liable for compensation.

II. Ascertainment of damages

Article 42

The person claiming compensation has to prove the damage.

The damage not ascertainable by calculation is determined by the judge according to justice, taking into account the ordinary course of events and the measures taken by the damaged party.

II. Fixation of compensation

Article 43

The judge determines the nature and the amount of the compensation taking into account the circumstances and degree of guilt.

Where the compensation is awarded by way of annuity, the party liable shall at the same time be bound to give security.

V. Special cases / 1. Killing and bodily injuries /
a)Damages in case of death

Article 45

Where a man has been killed, the damages include the expenses, particularly funeral expenses.

Where death did not immediately follow, the compensation in particular includes the expenses of medical treatment and the damages resulting from the inability to work.

Where death caused the loss to dependants of their support, the damages therefrom must also be paid.

b) Damages in case of bodily injuries

Article 46

The person who has been injured may claim compensation for all the expenses as well as for the losses resulting from total or partial disability for work, and the financial depreviation he would suffer in the future.

Where the consequences of the injury cannot be ascertained with sufficient certainty at the time when judgment was rendered, the judge may reserve variation of the judgment within two years after the date thereof.

c) General (Moral) Damages

Article 47

Where a person has been killed, or has sustained bodily injuries, the judge may, taking into consideration the particular circumstances and in accordance with justice, award compensation regarding moral damages to the injured party or to the family of the deceased.

VI. Liability of several persons / 1. For tort

Article 50

Where several persons have jointly caused the damage, be it as instigators, principals or accessories, they are jointly and severally liable to the damaged party. The judge at his discretion will decide whether and to what extent they have a right of contribution against one another.

The abettor is not liable unless he has received part of the gain or he contributed to the damage by his aid.

Kind regards

Izzet Hamle

izzet@hamle.av.tr

[quote= The case is going to be held in Turkey you know..[/QUOTE]

I would raise a reservation to this comment according to Article 25 of Turkish International Private and Procedural Act. The case needs further assessment.

TIPP Act Art. 25:

"Obligations arising out of torts are subject to the law of the place it has been exercised.

In the event that the place where tort was committed and the place the damages have occurred are different countries, the law of the latter shall apply.

Where the obligation relationship arising out of tort is connected much closely with another country, the law of such country may be applied."