Rental Car Accident in Turkey & What to Do (2026)

The car rental sector in Turkey has reached a huge volume parallel to the density of tourism and commercial activities. Traffic accidents occurring within this ecosystem create a triple legal spiral where ownership lies with the rental company, the right of use (possession) with the tenant, and the risk with the insurance companies. Having an accident with a rental car is separated by sharp lines from an accident with a private car in terms of legal consequences. This article analyzes in depth the obligations of the parties in rental car accidents in the light of the Highway Traffic Law No. 2918 (KTK), the Turkish Code of Obligations No. 6098 (TBK), the Turkish Commercial Code (TTK), and the established precedents of the Supreme Court of Appeals. The aim of the article is to create a reference source for the tenant and the lessor by supporting the entire process, starting from the operational processes at the moment of the accident to the compensation calculations at the trial stage, with relevant law articles and judicial decisions.

Accident Scene Management and Administrative Procedures

When a traffic accident occurs, the most critical stage determining the legal fate of the process is the actions taken at the scene. Standard procedures applied in private vehicles differ due to the commercial nature of rental cars and the special conditions of insurance policies (Rent a Car Insurance).

Accident Detection Report or Police Report?

Traffic legislation in Turkey envisages two different detection methods according to the nature of the accident: Material Damage Accident Detection Report (Agreed Report) and Traffic Accident Detection Report (Police/Gendarmerie Report). The most common mistake made by rental car users is to use initiative by ignoring the special provisions in rental contracts.

In Which Cases Should Police or Gendarmerie be Called?

In accordance with the relevant circulars of the General Directorate of Security and the Highway Traffic Regulation, the cases where the parties cannot keep a report among themselves and must absolutely call law enforcement officers are strictly determined. These cases are:

Injury or Death: If there is the slightest bodily harm in the accident.
Public Property Damage: Damage to public property such as traffic signs, barriers, electric poles.
Lack of Document: One of the drivers does not have a license or it is insufficient for the vehicle class used.
Lack of Insurance: The other party does not have Compulsory Financial Liability Insurance (Traffic Insurance) or it has expired.
Suspicion of Alcohol and Substance: Suspicion of alcohol or drugs in one of the drivers.
Public Vehicle: One of the vehicles involved in the accident belongs to a public institution (official license plate).
Single-Sided Accidents: The vehicle hitting a wall, tree, stockade, or an unidentified parked object without contacting another vehicle.

The most critical of these items for rental cars is Single-Sided Accidents. Drivers often leave the scene saying “minor damage” in cases such as rubbing against a parking lot column or hitting a bollard. However, rental car insurance policies generally reject declarations made without an official determination (Police/Gendarmerie Statement Report or Scene Detection Report) and an alcohol report at the scene. The insurance company does not pay the damage compensation on the grounds that it cannot determine whether the driver was alcoholic or whether the vehicle was driven by an unlicensed person in a single-sided accident, and this debt remains directly with the tenant.

Table 1: Document Arrangement Matrix by Accident Type

Accident Scenario	Required Document	Action Step	Insurance Risk
Double-Sided / Material Damage	Agreed Report (KTT)	SBM Mobile or Paper Report	Low (If other party is known, no alcohol suspicion)
Single-Sided (Hitting a Wall)	Police/Gendarmerie Report	Call 112 for Team	High (Not paid without report and alcohol test)
Injury Accident	Police/Gendarmerie Report	Ambulance and Police Must be Called	Low (Official record is mandatory)
Hit While Parked	Police/Gendarmerie Report	Application to Station / Statement	Medium (Unknown perpetrator clause applies)

Alcohol Limit and Legal Limits in Rental Cars

The most common reason for rejection of compensation in rental car accidents is alcohol. Here, the difference between legal limits and contract limits is vital.

According to traffic legislation, the legal alcohol limit for private (passenger) vehicle drivers is 0.50 promil, and for non-private (commercial, passenger transport, cargo transport, etc.) vehicles, it is 0.20 promil. However, the vast majority of rental car contracts and Rent a Car insurance general conditions include a “Zero Alcohol” principle or a provision that the damage will be rejected if a causal link is established between the accident and alcohol even if it is below the legal limit.

For example; if a tenant has an accident while having 0.30 promil alcohol, the traffic police may not fine him (if the vehicle is considered private). However, the insurance company does not pay the damage based on the “Not using the vehicle under the influence of alcohol” clause in the rental contract. Article A.5 of the General Conditions of Insurance states that damages occurring if the driver is alcoholic are out of coverage. Therefore, in every accident with a rental car, it is in the tenant’s favor to call the police and document that they are “0.00 promil” or within legal limits by blowing into a breathalyzer.

Who Has Legal Liability in a Rental Car Accident?

The answer to the question “Who will pay the damage?” in rental car accidents is hidden in the relevant articles of the Highway Traffic Law No. 2918 and the Turkish Code of Obligations No. 6098.

“Operator” Status According to Highway Traffic Law

The basic concept determining who is responsible in traffic accidents is the “Operator”. The vehicle owner (owner) is the operator as a rule, but this title may change in case of rental. This situation is clearly defined in Article 3 of Law No. 2918.

Highway Traffic Law No. 2918 Article 3 (Definitions) – Relevant Section:

Definitions

Article 3 – …

Operator: Is the vehicle owner or the person who appears registered in the registry as the buyer in sales with reservation of ownership, or the tenant, borrower, or pledgee in cases such as long-term rental, lending, or pledge of the vehicle. However, if it is proven by the relevant person that another person operates the vehicle on their own account and at their own risk and has actual disposal over the vehicle, this person is deemed the operator.

Analysis of the Article:

The legislator defined the person who provides economic benefit from the vehicle and has actual dominance over the vehicle as the “Operator”, even if they do not own the vehicle. The reflection of this article on the rental sector has been shaped by Supreme Court decisions:

Long-Term Rental (Operational Fleet Rental): According to established precedents of the Supreme Court, in long-term rentals such as 1 year or more, the operator status passes from the car rental company (owner) to the tenant. In this case, the tenant company is directly responsible for damages caused to third parties. The owner rental company can escape the lawsuit due to lack of hostility since it no longer has operator status.
Short-Term Rental (Daily Rent a Car): In daily or weekly rentals, since the dominance over the vehicle does not fully pass to the tenant and the economic utilization (operation) activity remains with the rental company, the Supreme Court accepts that the operator status continues with the rental company. In this scenario, the rental company (operator) and the tenant (driver) are jointly and severally responsible for damages caused to third parties.

Strict Liability of the Vehicle Owner

The nature of the operator’s liability is a “Strict Liability” independent of fault.

Highway Traffic Law No. 2918 Article 85 – Relevant Section:

Legal Liability of the Operator and the Owner of the Undertaking to which the Vehicle Operator is Attached

Article 85 – If the operation of a motor vehicle causes the death or injury of a person or damage to a thing… the operator of the motor vehicle and the owner of the undertaking to which it is attached shall be jointly and severally liable for the resulting damage… The operator… is responsible for the fault of the driver of the vehicle… as if it were their own fault.

Analysis of the Article:

According to this article, when an accident occurs with a rental car, the rental company (if short-term rental) cannot escape responsibility by saying “I was not driving the vehicle, the driver is at fault”. The law holds the operator responsible for the driver’s fault as if it were their own fault. The rental company has to pay the compensation to the third party, but later can demand this amount from the faulty tenant in the internal relationship (recourse relationship).

Tenant’s Tort Liability and Burden of Proof

The tenant’s liability towards the rental company is based on the tort provisions of the Code of Obligations.

Turkish Code of Obligations No. 6098 Article 49:

Liability

I. In general

Article 49 – Anyone who causes damage to another by a faulty and unlawful act is obliged to remedy this damage.

Turkish Code of Obligations No. 6098 Article 50:

II. Proof of damage and fault

Article 50 – The injured party is under the burden of proving the damage and the fault of the damager…

If the amount of damage suffered cannot be fully proven, the judge determines the amount of damage equitably, taking into account the ordinary course of events and the measures taken by the injured party.

Analysis of the Articles:

TBK 49 is the basis of the tenant’s obligation to compensate for the damage caused to the rented vehicle. If the tenant damaged the vehicle by violating traffic rules (faulty act), they must remedy this damage. However, pursuant to TBK 50, the rental company (the injured party) is obliged to prove that the tenant is at fault and the amount of damage. Therefore, accident detection reports and expert reports play a vital role in fulfilling the burden of proof.

Insurance Types and Coverages in Rental Cars

Insurance is the mechanism that determines who will bear the financial burden in rental car accidents. However, “the vehicle being insured” does not mean that every damage will be covered.

What Does Compulsory Traffic Insurance Cover?

This insurance, which is mandatory in every vehicle, only covers damages caused to the opposite party.

Tenant’s Situation: When the tenant hits the rental car against a wall, Traffic Insurance does not pay for this damage. Traffic insurance only protects the life and property safety of third parties.
Limit: Within the limits determined by the Undersecretariat of Treasury (Up to 400,000 TL for material damage for 2026). In case of hitting a luxury vehicle with a rental car, the traffic insurance limit may be insufficient. Although the tenant and the rental company are jointly and severally responsible for the difference according to the law, it is seen in practice that it is decided in rental contracts that all responsibility will belong to the tenant.

Differences Between Rent a Car Insurance and Private Insurance

Rental cars must be insured with “Rent a Car Insurance” (Commercial Insurance), which has higher premiums than private vehicles.

Some small-scale companies insure their vehicles as “Private” and rent them out to avoid costs. In the event of an accident, if the insurance company determines in the police report that the vehicle was used as a rental (which is stated in the driver’s statements in the report), it refuses to pay the damage due to violation of general policy conditions and aggravation of risk. In this case, the entire damage cost is demanded from the tenant.

Important: Tenants should check the license and insurance policy when receiving the vehicle and ensure that the phrase/clause “Rental” or “Rent a Car” is present in the policy.

Additional Assurances: CDW and LCF Insurances

Assurances offered in rental cars at international standards are:

CDW (Collision Damage Waiver): Usually included in the rental fee but is “with deductible”. For example, the tenant pays damages up to 5,000 TL, the insurance pays the rest.
Super CDW (No Excess Assurance): Purchased for an additional fee. Removes the deductible.
LCF (Tire-Glass-Headlight): Standard insurances usually do not cover tire splitting, glass breaking, or headlight cracking (in non-accident situations). LCF insurance covers these minor damages.

Table 2: Rental Car Insurance Types and Coverage Matrix

Insurance Type	Protected Party	Covered Risk	What Tenant Should Watch For
Traffic (ZMSS)	Third Parties	Counter vehicle damage, death, injury	Difference is requested from tenant if limit exceeded.
Rent a Car Insurance	Rental Company	Damage, theft, fire of rental vehicle	Alcohol, unlicensed use are out of coverage.
CDW	Tenant	Material damage resulting from accident	Deductible amount may apply.
IMM	Tenant/Company	Counter party damage exceeding ZMSS limit	Renting vehicle with high IMM limit is safe.
LCF	Tenant	Tire, Glass, Headlight damages	Usually sold as an additional package.

Post-Accident Compensation Items: Depreciation and Loss of Earnings

The biggest legal disputes after an accident arise over “indirect damages” rather than the direct damage cost.

Is Depreciation Claimed for Rental Cars?

Even if the vehicle involved in the accident is repaired, a TRAMER record is created and its originality is impaired, so there is a decrease in second-hand market value.

Legal Basis: It is a real damage item pursuant to TBK 49.
Supreme Court Approach: The Supreme Court has ruled that depreciation can be claimed from the tenant in cases where the tenant is at fault. Even if the rental company has insurance, insurance policies generally do not pay for depreciation (unless there is a special clause). Therefore, companies can recourse this amount to the tenant.
Exception: In cases where the tenant is faultless (the other party is 100% at fault), the other party’s traffic insurance pays the depreciation; it cannot be requested from the tenant.

Loss of Use (Downtime Payment) and Supreme Court Decision

It is the commercial loss suffered due to the inability to rent the vehicle while it remains in service. This issue has been tied to a certain standard by Supreme Court precedents.

Precedent Decision and Analysis of the 4th Civil Chamber of the Supreme Court (2021/26777 E.)

The decision of the 4th Civil Chamber of the Supreme Court numbered 2021/26777 E., 2022/11236 K. and dated 29.09.2022 sheds light on the discussions on this issue.

Essence of the Decision:

“Even if a vehicle rental document is not submitted by the plaintiff, the judge can determine the damage pursuant to Article 50 of the TBK. A reasonable repair period should be determined according to the expert report and vehicle deprivation fee should be calculated for this period.”

Calculation Methodology and “Savings Deduction”:

Rental companies usually apply the formula “Daily Rental Price x Number of Days”. However, the Supreme Court finds this calculation incorrect. According to the Supreme Court; fuel is not spent, tires do not wear out, engine oil does not get dirty, and the vehicle does not wear out while the vehicle is lying in service. Therefore, the amount of “savings deduction” (mandatory expenses) provided due to non-use of the vehicle should be deducted from the gross rental income. This rate generally varies between 20% to 50% in Supreme Court practices.

Example Calculation:

Daily Rental Price: 1,000 TL
Reasonable Repair Period: 10 Days
Gross Demand: 10,000 TL
Supreme Court Compliant Calculation (e.g., 35% Savings Deduction): 10,000 TL – 3,500 TL = 6,500 TL

Tenants have the right to object to exorbitant “downtime payment” demands of rental companies by citing this precedent.

Liabilities and Prohibitions Arising from Rental Contract

Rental contracts (Lease Contract under TBK) bring special obligations beyond legal liabilities. Violation of these articles causes the insurance to be deactivated (out of coverage).

Out of Coverage Cases Where Insurance Does Not Pay

In the following cases, insurance does not pay and all damage is collected from the tenant (Insurance General Conditions A.5):

Drunk Driving: There is generally no tolerance in contracts.
Unauthorized Driver: An accident caused by a person not listed as an additional driver in the contract.
Speed and Racing: Using the vehicle for speed trials or racing.
Wrong Fuel: Putting gasoline in a diesel vehicle (mechanical damage).
Gross Negligence: Cases of intent or gross negligence such as knowingly passing a red light, entering the opposite direction.
Off-Road Use: Entering a stabilized road with a passenger car, hitting the bottom of the vehicle. Rental companies can detect where the vehicle is used via GPS data.

Traffic Fines and Recourse Process in Rental Cars

Traffic fines belong to the driver who committed the penalty pursuant to KTK. However, in fines written to the license plate such as EDS, radar, the notification comes to the rental company.

Process: The company pays the fine (usually with a discount).
Recourse: It collects the amount paid from the tenant’s credit card along with the “service fee” in the contract (usually a transaction fee between 50-100 TL).
Legal Situation: If there is a provision in the contract, these withdrawals from the credit card are legal. However, notifying the tenant of the fine from the date of notification and reserving the right to object is a requirement of the rule of honesty.

Conclusion and General Assessment

Rental car accidents are a complex process where the Code of Obligations, Commercial Law, and Insurance Law intersect, beyond being a simple traffic accident. The tenant’s responsibility is not limited to the fault rate in the accident but is directly related to the compliance status with the contract (alcohol, license, authorized driver).

In summary:

A report (if single-sided, absolutely police report and alcohol report) must be kept at the moment of the accident.
The rental company must be informed immediately (within 24 hours).
In compensation claims (especially depreciation and loss of earnings), exorbitant demands should be objected to by considering the Supreme Court’s “savings deduction” principle and “reasonable time” criterion.
It should be checked that the insurance policy has a “Rent a Car” clause.

This article has presented the complex structure of the legislation by simplifying it, and each concrete event needs to be evaluated within the framework of its own specific conditions (contract articles, accident occurrence).