Compensation Claims for Accidents Suffered by Foreigners in Turkey

Turkey hosts a large number of foreigners for reasons such as tourism, business, healthcare services, education, and real estate investment. For this reason, issues such as traffic accidents, hotel and shopping mall accidents, workplace accidents, falls at airports, injuries during transfers, and similar incidents make the subject of “compensation rights of foreigners in Turkey” highly practical and legally significant. A foreign national who is injured in an accident in Turkey does not lose the right to compensation simply because they are a foreigner; on the contrary, depending on the nature of the incident, they may claim material and moral damages under Turkish law of obligations, traffic law, insurance law, and private international law. Since obligations arising from tort are, as a rule, subject to the law of the country where the tort occurred, Turkish law will often apply to accidents taking place in Turkey.

Within this framework, the key questions in compensation claims arising from accidents suffered by foreigners in Turkey are the following: Where did the accident occur, how did it happen, who is liable, what evidence will prove the damage, and should the claim first be directed to the insurer or directly to litigation? In particular, in traffic accidents, the liability of the operator, the scope of compulsory traffic insurance, the role of the Turkish Motor Insurers’ Bureau in cases involving foreign-plated vehicles, and, in some cases, the possibility of applying to the Assurance Account are at the center of the process.

1. Do foreigners have the right to claim compensation in Turkey?

Yes. A foreign national who is injured, disabled, forced to undergo treatment, deprived of the ability to work, or who loses a relative in an accident in Turkey may claim material and moral compensation depending on the circumstances of the case. Under the provisions of the Turkish Code of Obligations governing tort liability, anyone who unlawfully and culpably causes damage to another is obliged to compensate that damage. In cases of bodily injury, medical expenses, loss of earnings, losses arising from reduced working capacity, and damages caused by the impairment of the victim’s economic future may come into question; moral compensation may also be claimed separately.

The fact that the foreign victim is a tourist, a businessperson, a student, a foreign resident in Turkey, a medical tourism patient, or a transit passenger does not, in principle, eliminate their right to compensation. The determining factors are the reality of the damage, the legal basis of liability, and the ability to establish causation. Therefore, in practice, the most common problem foreigners face is not whether they have a right to compensation, but rather the failure to collect evidence in time, incomplete medical reports, the mishandling of translation and power of attorney procedures, and identifying the wrong defendant. This makes an accurate legal strategy at the beginning of the file critically important.

2. The most common types of accidents suffered by foreigners in Turkey

Compensation claims involving foreigners are not limited to traffic accidents. In practice, the most common cases include traffic accidents, falls at airports due to platform or stairway issues, slip-and-fall incidents in hotels and holiday resorts, accidents involving transfer vehicles, workplace accidents, injuries arising from construction sites, security deficiencies in shopping malls or common areas of residential sites, and in some cases damage arising during healthcare services. The same legal framework does not apply to all of these incidents; however, the main axis is often tort liability. In traffic accidents, the Road Traffic Act and the compulsory traffic insurance regime also come into play.

For this reason, under the heading of “accidents suffered by foreign tourists in Turkey,” there is no single model of litigation. For example, a fall caused by negligence or an operational failure at an airport and a traffic accident occurring on a public road differ in terms of both the liable parties and the legal remedies available. Likewise, the employer’s liability in a workplace accident and the liability of a hotel due to inadequate safety precautions in a hotel accident require separate legal analysis.

3. Compensation rights of foreigners in traffic accidents

The most common area of dispute regarding accidents suffered by foreigners in Turkey is traffic accidents. According to the Turkish Road Traffic Act, if the operation of a motor vehicle causes death, injury, or property damage, the liability of the vehicle operator and the enterprise to which the operator is connected may arise. Article 90 of the same Act also refers to the tort provisions of the Code of Obligations regarding the scope of material and moral damages. This structure also applies to foreign victims.

In a traffic accident, a foreign victim may, depending on the circumstances, assert claims against the driver, the owner of the vehicle, the operator, the compulsory motor liability insurer, and, where applicable, other liable parties. If the accident involves a foreign-plated vehicle covered by a valid Green Card insurance policy, the Turkish Motor Insurers’ Bureau becomes particularly important in the compensation process. The Bureau functions as the application authority for damage caused in Turkey by foreign-plated vehicles and publishes the required document sets for accidents resulting in bodily injury.

An important distinction must be made here. While cases involving Turkish-plated vehicles are generally pursued directly against the relevant compulsory traffic insurer, in accidents involving foreign-plated vehicles, the Green Card system and the Turkish Motor Insurers’ Bureau may come into play. The Green Card system is a guarantee mechanism designed to cover losses suffered by third parties. It does not compensate damage to the insured vehicle itself, but rather the losses of third persons. Therefore, in traffic accidents suffered by foreigners in Turkey, the first legal examination should be the correct identification of the plate registration, insurance status, and Green Card relationship of the vehicle involved.

4. What types of compensation may be claimed?

A foreign victim may claim both pecuniary and non-pecuniary damages depending on the nature of the accident suffered in Turkey. Under the Turkish Code of Obligations, bodily injury may give rise to claims for medical expenses, temporary incapacity losses, permanent disability or reduced working capacity, impairment of economic future, caregiver expenses, and, where appropriate, other related losses. In the event of death, funeral expenses, medical expenses incurred before death, and compensation for loss of support may be claimed; close relatives may also seek moral compensation separately.

Particular attention should be paid, in the case of foreign victims, to the proof of income and life circumstances, since the relevant evidence may consist of documents originating from another country. The victim’s income records, employment documents, tax records, employment contracts, or self-employment earnings from their home country should be submitted to the file with proper translation and formal compliance. Otherwise, the damage calculation may be made on the basis of incomplete data, to the detriment of the victim. In practice, in bodily injury files, medical board reports, epicrisis reports, forensic examination reports, and all medical records are considered primary evidence.

As for moral compensation, citizenship is not decisive; rather, the seriousness of the incident, the degree of fault, the impact of the injury, the deterioration in quality of life, any permanent scar or disability, the age of the victim, and the social effects of the incident are what matter. Therefore, the fact that the foreign victim was only staying in Turkey for a short period does not automatically eliminate their claim for non-pecuniary damages. The essential issue is to demonstrate the pain and suffering experienced in a manner consistent with the specific facts of the case.

5. Should the claim first be made to the insurer, or should one go directly to court?

There is a highly important procedural rule in traffic accident cases. In claims falling within the scope of compulsory traffic insurance, filing an application with the insurance company is, in practice, a fundamental preliminary step. The Insurance Arbitration Commission also clearly states that, before bringing a dispute before the Commission, an application must first be made to the relevant insurance company. In this respect, submitting the file to the insurer, completing missing documentation, and defining the scope of the application are all of great importance.

If the dispute cannot be resolved with the insurance company, an application to the Insurance Arbitration Commission may then be considered. The Commission has announced its current application fee schedule and notification costs for 2026, and it also specifies that a special power of attorney under Article 74 of the Code of Civil Procedure may be required for applications made through legal representation. This detail is particularly important for lawyers working with foreign clients, because a standard power of attorney may not be sufficient in every file.

By contrast, in cases involving non-pecuniary damages outside insurance coverage, operator liability, operational negligence, falls at airports, hotel accidents, or accidents arising from inadequate safety in residential sites or shopping malls, the claim is often brought directly against the responsible parties. In other words, the rule of “first apply to the insurer” does not exist in every case; it is particularly relevant in traffic claims covered by insurance. If the file is misclassified, errors concerning deadlines, jurisdiction, and the correct defendant may arise.

6. The Turkish Motor Insurers’ Bureau and the Green Card system in accidents involving foreign-plated vehicles

Where a foreign-plated vehicle is involved in an accident in Turkey, the case is not handled solely within the framework of ordinary compulsory traffic insurance. The Turkish Motor Insurers’ Bureau provides the relevant application structure for damages caused in Turkey by foreign-plated vehicles holding a valid Green Card policy. The Bureau publishes claim forms and document lists for both property damage and bodily injury cases. In accidents resulting in bodily injury, documents such as the Green Card insurance certificate of the foreign vehicle, a copy of the registration certificate, the driver’s license information, and the accident report are particularly important.

This system is especially significant in tourism regions and on international transit routes within Turkey. According to information published by the Bureau, foreign-plated vehicles holding Green Card coverage cause approximately 2,500 accidents per year in Turkey. This figure demonstrates that disputes arising from foreign-plated vehicles are not exceptional, but rather represent a meaningful category in practice.

7. In which cases does the Assurance Account come into play?

It may not always be possible to identify or reach an insurer or the Turkish Motor Insurers’ Bureau in every case. Especially in situations where the vehicle cannot be identified, where there is no compulsory insurance, where the vehicle was stolen or seized unlawfully, or where the insurer suffers from financial insolvency, the Assurance Account may come into play. According to the official statements of the Assurance Account, bodily injuries caused by unidentified vehicles, bodily injuries caused by uninsured vehicles, certain cases involving stolen or unlawfully seized vehicles, and situations involving bankruptcy or cancellation of license may fall within its scope.

Another important practical distinction must be made here: in classical applications to the Assurance Account, bodily injury is generally the principal focus, whereas in certain applications involving the Green Card system or insurers that have become insolvent, both property damage and bodily injury claims may be relevant. Therefore, in accidents suffered by foreigners in Turkey, the assumption that “if the liable party cannot be found, there is no remaining legal right” is incorrect; what matters is to identify the correct institution within the correct legal framework.

8. Why are limitation periods and deadlines so critical?

The issue of time limits is extremely important in compensation claims arising from traffic accidents. Both the Turkish Road Traffic Act and the Turkish Code of Obligations contain limitation rules regarding tort claims. As a general framework, the two-year period from the date on which the injured person learns of the damage and the liable party, and in any event the ten-year long-stop period from the date of the act, are the main reference points. These periods must also be assessed in light of the specific nature of the case, any criminal dimension, and the legal characterization of the file.

The practical difficulty for foreign victims is this: the accident occurs in Turkey, the person returns to their home country, treatment continues in another country, and the file reaches a lawyer only months later. This delay creates risk not only in terms of limitation periods, but also in terms of the loss of evidence. Surveillance recordings may be deleted, accident scene findings may weaken, witnesses may become unreachable, and the connection between medical records may be broken. For this reason, where a foreigner suffers an accident in Turkey, legal advice should be obtained at the earliest possible stage.

9. Which law applies in Turkey?

In every case involving a foreign element, the question of “which law applies?” is crucial. Under Article 34 of the Turkish Act on Private International Law and International Civil Procedure, obligations arising from tort are, as a rule, governed by the law of the country where the tort occurred. Therefore, in a traffic accident, airport fall, hotel accident, or similar bodily injury incident taking place in Turkey, Turkish law will in most cases apply. If the place where the act occurred and the place where the damage materialized differ, the relevant subsections may also come into play; however, in typical accident scenarios occurring in Turkey, the starting point is Turkish law.

The result of this rule is the following: even if the victim is a foreign national, the types of compensation, fault assessment, causation analysis, non-pecuniary damage approach, and remedies available will, to a large extent, be determined according to Turkish law. Therefore, it is often not sufficient for a foreign client to rely solely on the legal expectations of their own country; the structure of litigation and claims in Turkey must be separately analyzed.

10. How should evidence be collected?

The most critical issue in accidents suffered by foreigners in Turkey is the complete collection of evidence. In traffic accidents, the accident report, police or gendarmerie records, vehicle and insurance details, if any surveillance footage, photographs, witness information, emergency service records, and all medical documentation should be preserved at the earliest stage. If a foreign-plated vehicle is involved, the Green Card information and the documents required for an application to the Turkish Motor Insurers’ Bureau must also be obtained.

In falls and injuries occurring at airports, hotels, residential sites, shopping malls, or workplaces, the incident report, security camera footage, the first written notice given to the business, witness names, medical reports, and proof of expenses must all be retained. In practice, foreign victims often return to their home countries and later seek advice with only a few photographs and hospital reports. This may be sufficient in some files; however, for strong proof of fault and liability, professional evidence management at an early stage is necessary.

11. The most common mistakes made in compensation processes involving foreigners in Turkey

The first mistake is applying to the wrong defendant or institution. In some files, the insurer is the correct addressee; in others, it is the operator and the driver; in others, the Turkish Motor Insurers’ Bureau; in some, the Assurance Account; and in others, the hotel, airport operator, or employer. The second mistake is failing to collect complete medical documentation. Particularly in claims involving disability and loss of working capacity, expecting high compensation without official and verifiable medical records is often unrealistic. The third mistake is to rely only on the criminal file or an administrative complaint while delaying the civil compensation aspect of the case.

A fourth major mistake is underestimating the importance of the power of attorney and translation process. It is no coincidence that the Insurance Arbitration Commission draws attention to special authorization requirements in applications made through attorneys. In files involving foreign clients, if the passport, residence documents, power of attorney, apostille, or notarized translation process is not properly established from the outset, substantial delays may occur. Particularly in traffic accident compensation files involving foreigners in Turkey, the technical side of the application can sometimes become even more decisive than the substantive law itself.

12. Conclusion

Compensation claims arising from accidents suffered by foreigners in Turkey should not be approached solely under the heading of “foreign victim”; rather, the type of incident, liability regime, insurance relationship, applicable law, means of proof, and competent authority must all be evaluated together. In traffic accidents, the Road Traffic Act, compulsory traffic insurance, the Insurance Arbitration Commission, the Turkish Motor Insurers’ Bureau, and, in some cases, the Assurance Account play decisive roles. In other accidents, the tort provisions of the Turkish Code of Obligations become central. The fact that Turkish law applies to many accidents occurring in Turkey also makes it possible for foreigners to pursue their rights effectively within Turkey.

For this reason, where a foreign person suffers a traffic accident in Turkey, falls at an airport, is injured at a hotel, or suffers harm due to another form of negligence, the legal roadmap of the file should be established correctly from the very beginning. With the correct institution, the correct set of evidence, the correct heads of damages, and proper management of time limits, it is legally possible for foreigners to claim both pecuniary and non-pecuniary damages in Turkey, and such claims can be highly effective in practice.