Insurance Process After a Traffic Accident: What Are Your Rights?

Traffic accidents are stressful and unpleasant situations that can happen to any driver, no matter how careful they are. After the shock of the accident passes, a seemingly complex insurance process begins. Knowing your rights during this process ensures that you are compensated accurately and completely for your financial losses. In this article, we explain in detail the steps you need to take after a traffic accident, the insurance application process, and important rights that are often overlooked.

Step 1: The Moment of the Accident and Initial Actions Taking control of the situation without panicking is the most important step.

• Ensure Safety: First, ensure life safety. If there are injuries, call 112 Emergency Service immediately. If possible, move the vehicles to a safe location without endangering traffic and place warning signs (reflectors).

• Fill Out an Agreed Accident Report: If the accident involves only material damage and the parties agree, there is no need to call the police. Fill out the “Material Damage Accident Detection Report” completely between the parties. Both drivers must have a wet signature.

• Take Photos: Take plenty of photos from different angles showing how the accident happened, the position of the vehicles, the damaged areas, and traffic signs. These photos will be crucial evidence during the insurance process.

• When to Call the Police: You must call the traffic police (155) or gendarmerie (156) if:

  • There is injury or death,

  • One of the parties does not have a license, registration, or traffic insurance,

  • There is suspicion of alcohol or drugs in one of the drivers,

  • Public property (traffic lights, barriers, etc.) is damaged,

  • The parties cannot agree on the accident report.

Step 2: Application to Insurance Company and Damage Process After the accident, you must report the damage to the insurance company as soon as possible (usually within 5 business days) with your documents.

1. Required Documents:

   • Accident Detection Report

   • Photos of the accident scene

   • Photocopies of vehicle registrations

   • Photocopies of drivers’ licenses and IDs

   • Insurance policies

2. Appointment of an Adjuster: Upon your damage notification, the insurance company appoints an insurance adjuster (expert) to determine the damage and repair cost. The adjuster examines the vehicle and prepares a report.

3. Repair Process: Repair of the vehicle begins in line with the adjuster’s report. You can have your vehicle repaired at an authorized service or a contracted private service. Costs are covered by the at-fault party’s Compulsory Traffic Insurance or your Casco policy.

Important Rights You Should Not Overlook

1. Vehicle Depreciation Compensation (Value Loss): This is one of the most important rights of the party who is faultless or less at fault in the accident. No matter how well your vehicle is repaired, its second-hand market value will drop because the accident is recorded in TRAMER. This drop in value is called “vehicle depreciation.” You have the right to claim this loss from the at-fault party’s Compulsory Traffic Insurance. This right is usually not paid automatically by insurance companies, so it must be claimed separately.

2. Right to a Replacement Vehicle: If your Casco policy includes a “replacement vehicle” coverage, your insurance company is obliged to provide you with a temporary vehicle to use while your vehicle remains under repair.

What to Do in Case of Dispute? If you have a dispute with your insurance company regarding the damage amount, fault rate, or depreciation payment, you can resort to legal remedies.

• Insurance Arbitration Commission: It is a much faster and less costly solution compared to courts. Its decisions have the nature of a court judgment up to a certain amount.

• Filing a Lawsuit: You always reserve the right to file a lawsuit in Commercial Courts of First Instance to resolve disputes.

Conclusion The insurance process after a traffic accident can be managed smoothly when the right steps are taken and legal rights are known. Especially for compensation claims requiring technical and legal knowledge, such as vehicle depreciation, getting support from a lawyer will prevent loss of rights and ensure that all your damages are covered.