Exceeding Traffic Insurance Limits and Supplemental Compensation Lawsuits

Türeli&Ceylan Law Firm – Traffic Insurance and Additional Compensation Solutions

Even if your damages following a traffic accident were compensated by an insurance company, the compensation may not be sufficient. If your loss exceeds the coverage limits of the compulsory motor third-party liability insurance, you have the legal right to claim the remaining amount from the at-fault driver. At this stage, a supplemental compensation lawsuitbecomes relevant.

This article explains when insurance coverage may be insufficient, what legal rights you have, and how to pursue an additional compensation claim.

1. What Does Compulsory Traffic Insurance Cover?

Article 91 of the Highway Traffic Code (Law No. 2918):
The Compulsory Motor Third-Party Liability Insurance (CMTPLI) covers third-party damages caused by the operation of a motor vehicle, within the policy limits specified.

As of 2025, the main coverage limits include:

• Death or permanent disability per person: 1,200,000 TRY
• Total bodily injury per accident: 6,000,000 TRY
• Material damage per vehicle: 200,000 TRY

However, in cases involving severe injury, disability, or death, medical and financial losses may far exceed these limits.

2. What Happens When Insurance Coverage Is Insufficient?

The insurance company is only obligated to compensate up to the policy limit. If your total damages exceed this amount, you may pursue the remaining compensation through the following:

a) Lawsuit Against the At-Fault Driver or Vehicle Owner

• You may file a direct claim against the responsible individual(s) for the remaining damages
• Both pecuniary and non-pecuniary (moral) damages may be sought
• The court decision can be enforced through asset seizure or other execution methods

b) Claim from Casco or Complementary Private Insurance (If Available)

• You may claim the difference from your own optional motor insurance coverage
• This process is independent of the compulsory liability insurance

3. What Can Be Claimed in a Supplemental Compensation Lawsuit?

• Medical expenses: surgery, rehabilitation, medication
• Loss of earning capacity or permanent disability compensation
• Temporary incapacity to work
• Vehicle value depreciation or loss of use
• Moral damages: pain, suffering, psychological trauma
• Expenses of caregivers, attendants, and transportation

Articles 49–56 of the Turkish Code of Obligations govern tort liability and the scope of compensable damages.

4. How Does the Legal Process Work?

1. Collection of Evidence: accident reports, medical documents, social security records, photographs
2. Disability Evaluation: official report from the Council of Forensic Medicine or medical board
3. Expert Assessment: damage calculation via court-appointed expert
4. Filing of the Lawsuit: claim is submitted to the Civil Court of First Instance
5. Enforcement: awarded compensation is collected from the liable party via legal execution

5. Why Legal Representation Matters

• Technical calculations prove how the damages exceed insurance limits
• Prevents dismissal of your claim due to incomplete or invalid evidence
• Enables swift enforcement of compensation based on the debtor’s financial capacity
• Strengthens your claim for higher non-pecuniary damages through solid legal arguments

What Türeli&Ceylan Law Firm Can Do for You

1. We identify and document all damage items in full
2. We file a compensation lawsuit against the at-fault party for amounts exceeding policy limits
3. If necessary, we recover the compensation via asset seizure
4. We manage the entire legal process on your behalf in a professional and effective manner