An objection to the determination of fault (kusur tespitine itiraz) in a traffic accident is a legal remedy open to a party who considers that the percentage of fault recorded in the accident report or in the expert report does not reflect how the events actually unfolded. The stage at which the objection is to be raised, the time limit within which it must be made and the authority to which it is addressed vary according to the type of report (material damage only, injury, fatal) and according to whether the process is administrative or judicial.
Key Takeaways
- The time limit for objecting to an accident report is 2 years for a material-damage accident, 8 years for an accident involving injury and 15 years for a fatal accident.
- The time limit for an administrative objection to a report entered into the system of the Insurance Information and Monitoring Centre (Sigorta Bilgi ve Gözetim Merkezi, SBM) is 5 business days from the date the report is entered into the system.
- The time limit for objecting to an expert report (bilirkişi raporu) submitted in court is 2 weeks from the date the report is served (HMK m. 281).
- An objection petition must be concrete and technical and must be supported by evidence backing the opposing view; merely stating “I am not at fault” is not sufficient.
- Objections made after the time limit has expired are as a rule rejected, although the court may assess fault of its own motion.
How Do You Object to the Percentage of Fault in an Accident Report?
An accident report (kaza tespit tutanağı) is an administrative document drawn up by the police or the gendarmerie on the basis of the statements of the drivers involved in the accident, setting out the percentage of fault. The percentage of fault in the report does not have the force of a final judgment; it may be made the subject of an objection both before the Insurance Information and Monitoring Centre and directly in court (Highway Traffic Law No. 2918).
Administrative Objection Through SBM
In material-damage accidents the parties may object through the system within 5 business days after signing the report. An objection made within that period causes the insurance companies to reassess the claim file; once the period has passed, the percentage of fault in the report continues to be taken as the basis for the insurance payment.
Objecting to the Percentage of Fault in Court
The fact that no administrative objection was lodged against the report within the time limit does not prevent the percentage of fault from being disputed in court. In the compensation or recourse proceedings to be brought, the court assesses the report as one item of evidence and, where necessary, orders a fresh expert examination.
| Type of Report | Objection/Limitation Period | Basis |
|---|---|---|
| Material-damage accident report | 2 years | KTK No. 2918, general limitation principles |
| Accident report involving injury | 8 years | Practice aligned with the criminal limitation periods under the TCK |
| Fatal accident report | 15 years | Practice aligned with the criminal limitation periods under the TCK |
| SBM system objection | 5 business days | Practice of the Insurance Information and Monitoring Centre |
What Is the Time Limit and Procedure for Objecting to an Expert Report?
Once proceedings have been brought, the expert appointed by the court assesses the marks at the accident site, the photographs of the damage and the information in the accident report, and submits a report determining the percentage of fault. The 2-week objection period starts to run from the moment that report is served on the parties (Code of Civil Procedure, m. 281).
What Should the Objection Petition Contain?
The petition must explain in concrete terms which technical finding in the report is not accepted and on what grounds; where available, opposing technical data such as a sketch of the accident site, braking-mark measurements and photographs of the damage to the vehicle should be submitted. Abstract objections may be disregarded by the court.
What Happens If the Objection Is Upheld?
If the court finds the objection well founded, it may request a supplementary report, change the panel of experts or order a third examination. An objection not made within the time limit does not mean that the report has been accepted; however, in the practice of the Yargıtay (the Court of Cassation) late objections carry less persuasive force.
Which Evidence Can Be Used in the Objection Process?
In an objection to the determination of fault, the types of evidence most frequently relied on are footage of the moment of the accident, camera recordings, witness statements, vehicle event data recorder (EDR) data and a second expert opinion. Evidence collected close to the date of the accident carries greater probative force.
The Importance of Camera and EDR Data
Traffic cameras, in-vehicle recording devices (dash cams) and the EDR modules fitted to some vehicles can show speed and the moment of braking objectively, and are therefore accepted by the courts as strong evidence. Backing up this data in good time prevents the loss of evidence.
How Long Does the Objection Process Take?
While administrative objections may be concluded within days in the SBM process, objections to expert reports conducted in court may extend from a few months to a year, depending on requests for a supplementary report and on the hearing calendar. The length of the process varies with the complexity of the file and the workload of the court.
What Are the Common Mistakes in the Objection Process?
In practice the most common mistake is not knowing that the objection period runs not from the date of the accident but from the date the report is served or entered into the system. The second common mistake is making the objection in abstract terms, without submitting technical data or documents; in that case the outcome may not change even if the objection is examined.
Confusion in Calculating the Time Limit
Because the accident reports for material-damage, injury and fatal accidents are subject to different periods, the parties may miscalculate the time limit and lose their rights. The starting point of the period must be assessed separately according to the nature of the report.
Delay in Collecting Evidence
In most systems camera recordings are deleted automatically after a certain period. Requesting the recordings by formal written application in the first days after the accident prevents the loss of evidence that could later be used in the expert examination.
Is Objecting to the Determination of Fault the Same as the Limitation Period?
No, the two are different concepts. An objection to the determination of fault is a challenge directed at the technical finding in the accident report or in the expert report; the statute of limitations (zamanaşımı), by contrast, is the lapse of the right to bring a compensation claim through the passage of time. The two periods run independently of one another and must each be monitored separately.
Its Relationship with the Time Limit for Bringing a Compensation Claim
The fact that the percentage of fault has been challenged does not of itself suspend the time limit for bringing a compensation claim. For that reason, monitoring the limitation period separately while the objection process is ongoing prevents a possible loss of rights.
How Does Interest Run on the Compensation Payable Following an Objection?
Once the objection to the percentage of fault has been concluded and the amount of compensation has become final, interest runs on the debt from the date of default (temerrüt) if the debtor pays late. As at 2026, the statutory interest rate (yasal faiz) is determined, pursuant to the amendment made by Law No. 7589 to article 1 of Law No. 3095, by reference to eighty per cent of the rediscount rate applied by the Central Bank of the Republic of Türkiye to short-term advance transactions on 31 December of the preceding year, and the current rate is 31% per annum. The differences between statutory interest, default interest and advance interest can be found in our detailed comparison article.
Default by the Insurance Company
If the insurance company does not make payment within the statutory period running from the date of the application, default interest runs on the unpaid amount. Together with any change in the percentage of fault, the starting date of interest must also be assessed separately according to the specific course of the file; to see your amount at current rates you can use the statutory interest calculation tool.
Determining the Start Date of Interest
In material-damage accidents interest generally starts to run from the date of the application or of the formal notice (ihtarname) sent to the insurance company. If proceedings are brought, the court decides from which date interest is to be calculated, according to the claim and the scope of the file.
How Is Fault Determined in Accidents Involving Foreign-Plated or Uninsured Vehicles?
In accidents involving foreign-plated vehicles or vehicles without compulsory traffic insurance, the procedure for determining fault does not change; the report is again drawn up by the police or the gendarmerie. However, the source of cover from which the compensation is to be met differs according to whether the vehicle is insured.
Application to the Guarantee Account
In accidents involving an uninsured or unidentified vehicle, once the percentage of fault has been determined, the loss may be claimed from the Guarantee Account (Güvence Hesabı). Just like an insurance company, the Guarantee Account may also object to the percentage of fault in the accident report and in the expert report.
The Question of Jurisdiction for Foreign-Plated Vehicles
If the foreign-plated vehicle holds traffic insurance valid in Türkiye (a Green Card), the process runs in the same way as for domestic vehicles. Where there is no insurance, the Guarantee Account again comes into play and an objection to the determination of fault is subject to the same procedure and the same time limits.
How Does the Percentage of Fault Affect the Amount of Compensation?
In claims for pecuniary and non-pecuniary damages brought after a traffic accident, the court first determines the total loss and then calculates a share of that amount corresponding to the other party’s percentage of fault. Every change in the percentage of fault directly and proportionately affects the amount of compensation to be awarded; the outcome of the objection process is therefore also decisive in financial terms.
The Logic of a Sample Calculation
In a file where the total loss is determined as 200,000 TL and the other party’s percentage of fault as 70%, the compensation payable to the claimant is calculated as 140,000 TL. If, as a result of the objection, the percentage of fault is reduced to 50%, the compensation calculated on the same head of loss falls to 100,000 TL. This difference shows in concrete terms why an objection needs to be supported by technical data.
Taking Contributory Fault into Account
If the injured party is also at fault (contributory fault, müterafik kusur), the court treats that percentage as a ground for reducing the compensation. An objection to the determination of fault may therefore lead to a reassessment not only of the other party’s share of fault but also of the person’s own share.
How Is Compulsory Traffic Insurance Affected by the Percentage of Fault?
Under compulsory financial liability (traffic) insurance, the insurance company pays the other party’s loss in proportion to the fault of the policyholder. If the percentage changes as a result of an objection to the determination of fault, the amount of compensation the insurance company is to pay is recalculated as well; insurance companies therefore follow the fault determination process closely.
The Insurance Company’s Right of Recourse
The insurance company may claim back from the driver, by way of recourse (rücu), the compensation it has paid where the policy limit is exceeded or in the cases listed in the law, such as driving under the influence of alcohol. A change in the percentage of fault also directly affects the scope of the recourse claim.
The Difference from Comprehensive Own-Damage Insurance
Comprehensive own-damage insurance (kasko) covers the damage to the policyholder’s own vehicle, whereas compulsory traffic insurance covers the loss of the other party. Since an objection to the percentage of fault may affect the amount payable under both types of insurance, it is advisable to take both policies into account during the objection process.
How Do Criminal Proceedings Affect the Determination of Fault?
If there is injury or death in the accident, a separate criminal investigation is also conducted for the offence of causing injury or death by negligence. The expert report obtained in the criminal file may be used as evidence in the compensation case before the civil court; however, the civil judge is not bound by the criminal court’s assessment of fault. For a separate compensation claim that may be brought by the relatives of a person who died as a result of the accident, you may wish to read our article on compensation for loss of financial support.
The Independence of the Two Sets of Proceedings
While criminal proceedings investigate a person’s criminal liability, civil proceedings aim at making good the loss. The fact that a different percentage of fault was arrived at in the criminal file therefore does not prevent the civil court from ordering its own expert examination.
The Effect of the Criminal File on the Civil Case
In practice the civil courts generally take into account the findings of fact that have become final in the criminal file (concrete findings such as speed or a lane violation); however, they may make an independent assessment as regards the percentage of fault.
Is Settlement or Mediation Possible in an Objection to the Determination of Fault?
In compensation disputes arising from traffic accidents, applying to mediation (arabuluculuk) before bringing proceedings is not a condition of the action, but the parties may resort to voluntary mediation if they wish. Even where full agreement on the percentage of fault cannot be reached, agreement on some of the heads of loss may shorten the length of the proceedings.
Direct Negotiation with the Insurance Company
Making a written application to the insurance company before proceedings are brought, and notifying it of the objection to the percentage of fault and the grounds for it, may prompt the company to re-examine the file. An agreement reached at this stage may avoid lengthy court proceedings.
The Limits of Settlement
Even where the parties cannot agree on the percentage of fault but have agreed on the amount of the loss, the final payment figure does not become clear until the percentage of fault has been established. Partial settlements therefore generally remain provisional arrangements until the determination of fault is settled.
What Is the Role of a Lawyer in the Fault Determination Process?
Since objecting to an expert report requires technical terms to be interpreted correctly and legal grounds to be set out, having the process handled by a lawyer may increase the persuasive force of the objection. The lawyer relates the technical data in the file to legal language and presents it to the court.
Examining the File and Collecting Evidence
By bringing together the accident report, the photographs of the damage, the witness statements and any camera recordings, the lawyer ensures that the objection petition is technically consistent. Noticing missing or contradictory evidence makes it possible to strengthen the objection at an early stage.
Following the Hearings and the Expert Examination
During the proceedings, the questions to be put and the objections to be raised in the course of the expert examination directly affect the course of the file. The lawyer’s participation in the expert site inspection (keşif) and the raising of technical objections in good time may change the percentage of fault arrived at by the end of the process.
What Are the Costs of Objecting to the Determination of Fault?
Making the administrative objection through SBM is not subject to any fee. In a compensation case brought before the court, expenses such as the court fee, the expert’s fee and, where applicable, the cost of the site inspection arise; these expenses are charged to the unsuccessful party at the end of the case.
Expert Fees and Litigation Expenses
The fee to be paid to the expert appointed by the court is requested from the parties as an advance on expenses when the file is opened. If a supplementary report becomes necessary as a result of the objection to the percentage of fault, the fee for that further examination is likewise treated as part of the litigation expenses.
The Obligation of the Unsuccessful Party
At the end of the proceedings the unsuccessful party is required to pay the other party’s expenses, such as the expert’s fee, the court fees and, where applicable, the attorney’s fee awarded. Supporting the objection with technically strong evidence is therefore decisive both for the percentage of fault and for the litigation expenses.
What Should Be Done in Conclusion?
An objection to the percentage of fault is subject to different authorities and different time limits depending on the stage the process has reached. Since the administrative objection period is short, acting in the first days after the accident is decisive, while in court proceedings what matters is meeting the expert report with a petition supported by technical data. Your particular situation needs to be assessed on the basis of your own file.
Disputes arising from traffic accidents are generally dealt with within the scope of compensation law. For the route that may be followed where a dispute arises with the insurance company, you may read our article explaining the insurance arbitration process, and for the diminished value arising in the vehicle as a result of the accident, our guide to diminished value compensation.
What Will the Other Side Do?
In the process of objecting to the determination of fault, the other driver or the insurance company as the opposing party will also have its own defence strategy; being prepared for those defences determines the evidence with which the objection needs to be supported.
- “The percentage of fault in the report was signed by the parties and has now become final.” This argument is met by pointing out that an accident report does not have the force of a final judgment and that both the administrative and the judicial routes of objection remain open.
- “The expert report is technically correct and the objection is unfounded.” This defence is met with concrete opposing technical data such as a sketch of the accident site, photographs of the damage to the vehicle and camera or EDR recordings, and, where necessary, with a second expert opinion.
- “The injured party is also at fault, so the compensation should be reduced accordingly.” This contributory fault argument is assessed by examining in concrete terms that party’s share of fault by reference to footage of the moment of the accident and witness statements.
- “The objection period has been missed and the objection can no longer be heard.” This objection is met by showing that the period has been calculated from the correct starting date (the entry of the report into the system or the service of the report).
Which defence comes to the fore varies with the nature of the accident and the available evidence; for that reason it is important that camera recordings and technical data are collected in the first days after the accident. To assess in advance which defence your file is likely to meet, you can get in touch.
Frequently Asked Questions
Does signing the accident report mean accepting fault?
No. Signing the report only shows that you have seen what is written in it; it does not remove your right to object to the percentage of fault later on. The objection may be raised through administrative or judicial channels within the relevant period.
If I do not object to the expert report, does the report become final?
A failure to object within the time limit does not mean that the report can no longer be disputed, but the court will tend to take it as its basis. It is therefore important not to miss the objection period.
Is a lawyer mandatory in order to object to the percentage of fault?
It is not mandatory as a matter of law, but since an expert report has to be challenged on technical and legal grounds, having the file assessed by a lawyer may increase the effectiveness of the objection.
Can a second expert report be requested?
Yes; if the court finds the first report insufficient or contradictory, it may request a supplementary report or appoint a new panel of experts.
Can an SBM objection and a court objection be made at the same time?
Yes; an administrative objection made through SBM and the case to be brought in court are not alternatives to one another; the processes may run separately before different authorities.
If the percentage of fault changes, does the insurance payment change too?
Yes; a change in the percentage of fault directly affects the calculation of compensation for pecuniary and bodily loss; the outcome of the objection process may therefore change the amount of compensation.
In an accident involving an uninsured vehicle, who objects to the determination of fault?
Since the loss is in that case claimed from the Guarantee Account, the objection concerning the determination of fault may also be raised by the Guarantee Account or by the injured party; the procedure is the same as in other accidents.
Table of Periods
| Period | How long | Starting point |
|---|---|---|
| Limitation period for a material-damage accident | 2 years | From the date of the accident |
| Limitation period for an accident involving injury | 8 years | From the date of the accident |
| Limitation period for a fatal accident | 15 years | From the date of the accident |
| Period for an SBM system objection | 5 business days | From the entry of the report into the system |
| Period for objecting to the expert report | 2 weeks | From the service of the report on the parties |
Sources
- Highway Traffic Law No. 2918 – mevzuat.gov.tr
- Code of Civil Procedure No. 6100, m. 266-287 – mevzuat.gov.tr
- Law No. 3095 on Statutory Interest and Default Interest – mevzuat.gov.tr
- Insurance Information and Monitoring Centre (SBM)
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This article is for general information purposes and does not take the place of legal advice. Your particular situation requires a separate assessment of your own file. This article was prepared on the basis of the legislation in force as at 17.09.2026.
Av. Mehmet İlker Dinç
Insurance Law, Compensation Law, Employment Law, Corporate Law, Corporate Advisory
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