How to Dispute a Car Accident Fault in Turkey (2026)

Traffic accidents are one of the most common types of torts in modern society, triggering a complex set of legal processes in terms of the material and bodily damages they cause. In the Turkish legal system, the process from the occurrence of an accident to the payment of compensation is shaped within the framework of the Highway Traffic Law No. 2918 (KTK), the Turkish Code of Obligations (TBK), the Turkish Commercial Code (TTK), and Insurance Legislation.

Initial Determination and the Accident Report Process

The basis for correctly determining the fault rate in traffic accidents depends on the quality and accuracy of the report kept at the time of the accident. Turkish legislation provides two different determination methods according to the nature and results of the accident: official reports issued by Law Enforcement Forces (Traffic Police) and agreed reports issued by the parties among themselves.

Official Reports by Law Enforcement and Legal Obligations

Although a large part of traffic accidents are survived with material damage, the legislator has prohibited the parties from taking initiative in certain cases concerning public order and safety and has made the intervention of the official power of the state (Police or Gendarmerie) mandatory.

Legislative Basis: Highway Traffic Law Article 83

The authority and obligation of law enforcement forces to issue an accident detection report is clearly regulated in Article 83 of the Highway Traffic Law. This article separates the authority to intervene in the accident in its administrative and judicial aspects.

LAW TEXT: Highway Traffic Law No. 2918 – Article 83

“Traffic accidents shall be intervened;

a) By the local general police for judicial action to be taken,

b) By the traffic police to determine the causes, traces, and evidence of the accident and to issue a traffic accident detection report.

In accidents occurring on highways where traffic police are not assigned or present, the traffic accident detection report is issued by the local general police and a copy is sent to the traffic police of that place.

In traffic accidents occurring on highways and resulting only in material damage, if the parties agree and the act does not constitute another crime, no judicial prosecution is carried out and the provision of Article 565 of the Turkish Penal Code is not applied.”

When is it Mandatory to Call the Police or Gendarmerie?

Pursuant to the wording of the law article and the relevant provisions of the Highway Traffic Regulation, if the following situations exist, the authority of the parties to issue an “Agreed Accident Detection Report” is eliminated and it becomes mandatory to call law enforcement forces:

• Suspicion of Mental Balance or Alcohol in the Driver: If there is a suspicion of alcohol, drug, or stimulant use in any of the parties involved in the accident, or if their mental health is not sound, the report must be kept by the police. This situation is critical for the validity of insurance coverages; as driving under the influence can invalidate motor insurance and traffic insurance coverages.

• Unlicensed or Insufficiently Licensed Driver: If one of the drivers does not have a driver’s license or it is not suitable for the vehicle class used.

• Minor Age: If one of the drivers is younger than 18 years old.

• Official (Public) Vehicles: If at least one of the vehicles involved in the accident belongs to a public institution (Vehicles with official license plates).

• Damage to Public Property: If public property such as traffic lights, barriers, or electric poles are damaged in the accident.

• Damage to Property Belonging Only to 3rd Parties: If only the property of third parties (e.g., a parked vehicle, shop window) is damaged in the accident.

• Lack of Compulsory Traffic Insurance: If one of the parties does not have a traffic insurance (ZMSS) policy or it has expired.

• Bodily Harm (Injury or Death): If even the slightest injury or death has occurred as a result of the traffic accident.

Analysis and Application Note: Especially in injury accidents, parties sometimes avoid calling the police and keep a material damage report by saying “I’m fine, I have nothing.” However, as a result of internal bleeding or traumas that may occur after the accident shock passes, when applying to a hospital, a “judicial case” record is opened, and due to the lack of a police report, great legal gaps and compensation rejection problems can be experienced in insurance processes. Therefore, calling the police even in accidents with the slightest physical contact is essential to prevent victimization.

The Role of Law Enforcement in Fault Assessment

In traditional practice, traffic police used to give fault rates to the parties over “8 out of 8” in the reports they issued (e.g., Driver A: 6/8, Driver B: 2/8 at fault). However, this practice has been removed with the circulars of the Ministry of Interior and regulation changes.

In current practice, the traffic police do not directly state a fault rate in the report. Instead, they identify the Rule Violations (e.g., “Running a red light”, “Rear-ending”, “Not complying with lane following and changing rule¹s”) with article numbers.

The Agreed Traffic Accident Report (KTT)

This system, which was implemented in 2008 and aims to reduce traffic bureaucracy, allows the parties to keep a report of their own will only in material damage accidents.

Legal Nature of the Agreed Report

The Agreed Accident Detection Report is essentially a “Private Law Contract”. The parties declare that they agree on the way the incident occurred. However, this agreement does not have to include a “I am at fault” confession; it only includes the statement “The incident happened like this”. The fault assessment is made by insurance companies over these statements and the drawn sketch.

Karayolları Trafik Yönetmeliği’nin ilgili maddeleri ve Hazine Müsteşarlığı’nın 2007/27 sayılı Genelgesi, bu tutanakların yasal zeminini oluşturur.

Critical Steps in Filling Out the Report

Mistakes made while filling out the report can put a faultless driver in a faulty position on paper.

• Wet Signature Requirement: For the report to be valid, the wet signature of all drivers involved in the accident is mandatory. Unsigned reports are not processed by insurance companies.

• Sketch Drawing: The collision points of the vehicles, road lines, traffic signs (STOP sign, lights, etc.), and the directions of the vehicles must be clearly indicated in the sketch. Visual representation is essential instead of abstract statements like “The road was my right”.

• Consistency: There should be no contradiction between driver statements, the sketch, and damage photos.

• Photography: The report alone is not enough. Wide-angle (showing the general condition of the road) and detailed (showing the damage point) photos are the most important evidence for the fault detection commission.

Fault Rate Determination and Institutional Operation

The process of determining the fault rate begins after leaving the accident scene and having the reports processed into the digital system. This process is carried out through the infrastructure of the Insurance Information and Monitoring Center (SBM).

The SBM System and Evaluation Algorithm

SBM is the central database where all insurance data in Turkey is collected. The process proceeds with these steps:

1. System Entry: Parties convey the report and photos to their own insurance companies. The insurance company is obliged to upload the documents to the SBM system within 1 business day at the latest.

2. Evaluation by Insurance Companies: The file uploaded to the system is examined by the insurance companies of both parties. Companies evaluate the fault status of their own insured based on accident scenarios. The legal period is 3 business days.

3. Scenario A (Agreement): If A Insurance Company says “My client is 100% at fault” and B Insurance Company says “Yes, A is at fault”; agreement is reached and the fault rate is finalized.

4. Scenario B (Disagreement): If Company A says “50%-50%” while Company B says “No, A is 100% at fault”; the file is automatically referred to the “Accident Fault Evaluation Commission” by the system.

The Accident Fault Evaluation Commission

This commission is established within SBM to examine only the files where disagreement occurs, independently of insurance companies.

• Structure: The commission consists of experts in insurance law and traffic accidents.

• Decision Time: Files referred to the commission are finalized within 3 business days.

• Nature of the Decision: The decision given by the commission is binding for insurance companies. However, it is not a final judicial decision for the parties (citizens); it is in the nature of an administrative determination and is open to dispute.

Understanding Fault Percentages and Their Meanings

Fault in traffic accidents is generally distributed over the rates of 0%, 25%, 50%, 75%, and 100%. These rates are the mathematical equivalent of the concepts of “Primary Fault” and “Secondary Fault”.

Fault Rate	Legal Status	Compensation Result
0%	Completely Faultless	Receives full damage from the other party’s traffic insurance. Can claim depreciation.
25%	Secondary Fault	Is at secondary fault (e.g., slightly exceeding speed limit). Receives 75% of damage from the other party.
50%	Equally Faulty	Both parties are equally at fault. Everyone receives half of their damage from the other party.
75%	Primary Fault	Is the main cause of the accident. Can only receive 25% of their damage.
100%	Full Fault	Is the sole responsible party. Cannot receive damage from their own traffic insurance.

Legal Ways to Dispute Fault Rates in 2026

The problem most frequently encountered by citizens is the fault rates determined in their absence or as a result of incorrect evaluations. The appeal process has a graduated structure.

Pursuant to HMK Art. 106, a lawsuit can be filed for the determination of the existence of a right or legal relationship. However, the Supreme Court generally does not see “legal benefit” in filing an independent determination lawsuit just for “determination of fault rate”. According to the Supreme Court, the fault rate is not a “legal relationship” but a “material fact”. Therefore, fault determination can only be examined and determined as a preliminary issue within an “Action for Performance” (Compensation Lawsuit). Consequently, instead of filing a lawsuit aimed “only at determination of fault”, it is necessary to object to the fault within the compensation lawsuit or arbitration path to be opened depending on the accident.

Dispute via the SBM System

As soon as fault rates are determined in the SBM system, notification is made to the insured via SMS or e-mail. There is a right to object within 5 business days from this notification.

Dispute Procedure:

1. Application Channel: The objection is made via the “Accident Detection Report Inquiry and Objection” menu at sbm.org.tr or directly through the insurance agency.

2. Stating Grounds: Just saying “I do not accept” is insufficient when objecting. Concrete grounds such as “Vehicle A is in the wrong direction” must be presented. Gerekirse ek fotoğraf veya video (varsa araç kamerası görüntüsü) sisteme yüklenmelidir.

3. Finalization: Upon objection, the file is re-evaluated by the relevant insurance companies (or by the Commission if disagreement continues). This process also usually takes 3 business days.

Important Warning: The right to object via SBM is usually for one time only. If the objection is rejected, an application cannot be made again through the same channel; it is necessary to proceed to the next stage (Arbitration or Judiciary).

The Insurance Arbitration Commission

If results cannot be obtained from the SBM stage, the Insurance Arbitration Commission, which is much faster and more economical than the court process, comes into play. The Insurance Arbitration Commission is an alternative dispute resolution authority to the courts, established by the Insurance Law No. 5684.

Pre-condition: Application to the Insurance Company

Before applying to the Arbitration Commission, it is mandatory to apply in writing (via registered letter, notary notice, or KEP) to the insurance company you have a dispute with. If the insurance company does not respond to this application within 15 business days (KTK m.97) or if the response given does not meet your demand, the way to Arbitration opens.

Legal Basis: KTK Article 97

“The injured party must make a written application to the relevant insurance institution before going to court… In the event that the insurance institution does not respond within at most 15 days… the injured party may file a lawsuit or apply for arbitration.”

Arbitration Application Fees (2026 Period)

Insurance Arbitration Commission application fees are determined according to the amount in dispute.

Dispute Amount (TL)	Application Fee (TL) (Estimated 2026)
0 – 8,500 TL	520 TL
8,501 – 17,000 TL	1,040 TL
17,001 – 85,000 TL	1,560 TL
85,001 TL and above	1.8% of the dispute amount

Judicial Recourse: The Court System

If the arbitration path is not preferred, a lawsuit can be filed in general courts.

Determining the Competent Court

The issue of which court the objection to the fault rate will be made to changes according to the nature of the “Fault Determination Case”.

• Criminal Judgeship of Peace: If the aim is only to cancel the traffic fine, an application is made to the Criminal Judgeship of Peace. While canceling the fine, the Criminal Judgeship of Peace may also touch upon the fault status. However, according to the established precedents of the Supreme Court, the decisions given by the Criminal Judgeship of Peace do not strictly bind the civil courts.

• Civil Court of First Instance / Commercial Court of First Instance: The actual fault determination concerning compensation law is made in these courts. Since the insurance company is a party, usually the Commercial Court of First Instance is competent.

Conclusion and Roadmap for Victims

The legal process carried out after a traffic accident is full of technical details. The determination of the fault rate affects all compensation items (depreciation, deprivation, support compensation) with a chain reaction.

In summary; avoid “estimated” statements when keeping a report. Take photos as “evidence” (wide angle + detail). If there is an injury, absolutely call the police. Within 3-4 days after the accident, check the fault status via e-Government or SBM. If there is a decision against you, object with concrete evidence without missing the 5-day period.

This article has been prepared in the light of existing legal regulations and high court precedents. Since law is a dynamic field, it is recommended to obtain the current legislation and professional legal opinion in concrete cases.