This in-depth legal analysis is part of our authoritative Traffic Accident & Bodily Injury Compensation in Türkiye Hub →. For comprehensive practice overviews and accident route triage, visit the parent hub.
1. How the Insurance Arbitration Commission Operates
The Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) is constituted under art. 30 of Insurance Law No. 5684. Membership of the arbitration system is voluntary: an insurer joins by notifying the Commission in writing. For disputes arising from insurances made compulsory by law — including compulsory motor third-party liability (ZMSS - Zorunlu Mali Sorumluluk Sigortası) — the claimant may use the arbitration procedure even where the insurer has not joined the system. For non-compulsory cover such as travel, health or property insurance, whether the insurer is a member has to be checked before applying.
An award of the Commission is enforceable through the Turkish execution offices once it has become final. Under art. 30/12 of Law No. 5684 finality depends on the amount in dispute: below the lower statutory threshold the award is final on issue; at or above it, either side may object once to a Commission objection panel within ten days of notification, and lodging an objection suspends enforcement of the award; above the upper threshold, the decision on the objection may be taken on further appeal (temyiz). The threshold figures are revalued by the supervisory authority and should be checked for the year in question.
Unsure whether your injury claim should be brought against a Turkish ZMSS insurer, the Green Card Bureau, or the Assurance Account (Güvence Hesabı)? Use our interactive tool.
Open Foreign Plate & Accident Route Check →2. The Mandatory Pre-Application to the Insurer
Two separate rules apply here, and they carry different periods.
Under art. 97 of the Highway Traffic Law (KTK No. 2918), a person claiming within the limits of the compulsory motor liability insurance must first apply in writing to the insurer. If the insurer does not answer in writing within 15 days of the application, or the answer does not meet the claim, the claimant may sue or go to arbitration under Law No. 5684.
A separate condition governs the arbitration route generally. Under art. 30/13 of Law No. 5684, the claimant must have exhausted the application to the insurer and be able to document a wholly or partly negative outcome; the insurer's failure to reply in writing within 15 business days is itself sufficient to apply to the Commission.
A further bar applies under art. 30/14: a dispute that has already gone to a court or to a consumer arbitration committee (tüketici hakem heyeti) cannot be brought before the Commission.
Once the arbitrators are appointed, art. 30/16 of Law No. 5684 requires them to decide within four months, a period extendable only with the express written consent of both parties; if no decision is given within it, the dispute goes to the competent court.
3. Actuarial Disability Compensation & The TRH-2010 Formula
Turkish insurance arbitration calculates bodily injury compensation using the actuarial method applied consistently by the Commission and the courts:
- Disability Percentage (Maluliyet Oranı): Determined through official medical board evaluation according to the Disability Assessment Regulation.
- TRH-2010 Life Expectancy Table: Replaces obsolete mortality tables to calculate the exact remaining active and passive working years of the injured victim.
- Progressive Rent Scheme (İşlemiş ve İşleyecek Dönem): Pre-trial wage losses are computed with actual interest, while future loss of earning capacity is capitalized using statutory progressive discounting.
4. Comparison: Insurance Arbitration vs Standard Court Lawsuit
| Comparison Factor | Insurance Arbitration (Tahkim) | Civil Court of First Instance |
|---|---|---|
| Statutory decision period | Arbitrators must decide within four months of appointment; extendable only by the express written consent of both parties (Law 5684 art. 30/16) | No equivalent statutory period |
| Enforceability | Directly enforceable court decree | Enforceable upon trial completion |
| Foreign Plaintiff Security (MÖHUK 48) | No foreign plaintiff deposit required | Security fixed by the court in its discretion; exempt on the basis of reciprocity, which applies to many countries by treaty |
| Procedural Costs | Significantly lower filing fees | High judicial fees and expert advances |
5. Handling Your Claim from Abroad
Foreign accident victims do not need to remain in Türkiye or attend hearings in person. With a notarised and apostilled Power of Attorney, the administrative notice to the insurer, obtaining the official accident report, and the conduct of the arbitration can all be handled without you travelling. Where a claim is paid, funds can be remitted to an account abroad.
Scope. This page is general information about Turkish law and procedure. It is not legal advice, it is not an assessment of your situation, and reading it does not create a lawyer-client relationship. Statutory figures, thresholds and rates are revised periodically — check the current position before relying on any of them. Any particular case turns on its own documents and facts.
6. Frequently Asked Questions
Can a passenger in a tourist taxi or transfer bus claim compensation?
A passenger can claim. Under art. 85 of Law No. 2918 the keeper (işleten) is liable without proof of fault and answers for the driver's fault as for his own, and under art. 1478 of the Turkish Commercial Code the injured party may claim directly against the compulsory motor insurer — but only up to the sum insured, with any excess pursued against the keeper and driver. That liability is not absolute: under art. 86 the keeper is released if he proves the accident resulted from force majeure or from the gross fault of the injured party or a third party, and otherwise the court may reduce the award for the injured party's own contributory fault. Medical treatment costs following a traffic accident are met by the Social Security Institution under art. 98 of Law No. 2918 rather than claimed from the motor insurer.
What is the limitation period for filing an insurance arbitration claim?
Under art. 109/1 of Law No. 2918 the period is two years from the date the claimant learns of the harm and of the person liable, and in any event ten years from the date of the accident. Where the act also constitutes an offence for which the criminal law lays down a longer period, art. 109/2 applies that longer period — in practice eight years for negligent injury and fifteen years for negligent killing under art. 66 of the Turkish Penal Code.
Our page on traffic accident compensation in Türkiye covers the wider claim; to discuss your own case, you can send the accident report and your medical records on WhatsApp or to hello@restitora.com.