Traffic Accident Compensation Calculator (TRH-2010)

Which heads of loss are covered?

A person who suffers bodily injury in a traffic accident may claim for the permanent reduction in earning capacity. Where the accident is fatal, those who were supported by the deceased may claim loss of support compensation (Turkish Code of Obligations, Arts. 53–55).

Life expectancy and the two periods

Life expectancy is the backbone of the calculation. The Court of Cassation has adopted the TRH-2010 National Mortality Table in place of the older PMF-1931 table, on the ground that the data closest to reality should be used. Loss is calculated on actual income during the active period, which runs to age 60, and on the net minimum wage during the passive period, which runs to the end of the remaining life expectancy.

Progressive annuity and technical interest

In the practice of the Court of Cassation the annual income is increased each year and discounted by the same rate because the compensation is paid in advance, so the real discount rate is 0%. The 1.8% technical interest used in insurance practice is not applied to tort compensation.

Shares and deductions

In a loss of support claim the established practice allocates 2 shares to the deceased, 2 to the spouse and 1 to each child; as support to a child ends, the shares of the remaining dependants rise. The resulting figure is adjusted for the degree of fault, and the recoverable capitalised value of any pension awarded by the Social Security Institution is deducted. For a surviving spouse, the court may make a reduction reflecting the likelihood of remarriage.