Introduction

This study was prepared by analyzing various decisions from first instance courts, regional courts of appeal, and the Court of Cassation, with the aim of answering the question, “What should be done about a hit-and-run vehicle?” The study examines the legal consequences of hit-and-run incidents, the rights of the victim, the processes for identifying the perpetrator, fault assessment, and important points related to insurance law. The analyzed decisions reveal the legal dimensions of the incident from both the victim’s and the perpetrator’s perspectives, and their reflections in judicial practice.

The main findings obtained from the judicial decisions examined are as follows:

Obligation to Not Leave the Scene of the Accident and Its Consequences: Under the Highway Traffic Law (KTK), drivers are prohibited from leaving the scene of an accident without permission from the authorities, especially in cases involving injury or death. In the decision of the Istanbul 13th Civil Court of Commerce, this situation, “…according to Article 81/3 of the aforementioned Highway Traffic Law, ‘leaving the scene of an accident involving injury or death without permission from law enforcement’ is prohibited” ş was emphasized in this manner. The violation of this obligation is considered a factor that aggravates the driver’s legal and criminal liability.

Right of Recourse of the Insurance Company: Hit-and-run incidents have significant consequences in terms of insurance law. According to the General Conditions of Compulsory Financial Liability Insurance (ZMSS), if the driver leaves the scene of an accident causing bodily injury, except in mandatory circumstances (treatment, life safety, etc.), the insurance company is granted the right to recourse (reclaim) the compensation paid to the victim from its own insured (the fleeing driver/vehicle owner). This matter has been clearly stated in the decisions of the Sakarya Regional Court of Justice (2023/1418) and the Istanbul 3rd Civil Court of Commerce (2023/512).

Situation Where the Perpetrator Cannot Be Identified (Guarantee Fund): In cases where the striking vehicle or its driver cannot be identified, the Guarantee Fund comes into play to prevent victims from losing their rights. Especially in cases of bodily injury (wounding, death, disability), victims can direct their compensation claims to the Guarantee Fund. In the decision of the Gaziantep Regional Court of Justice (2021/1325), it was stated that the Guarantee Fund is responsible for accidents causing injury involving a vehicle whose license plate could not be identified.

1. What to Do at the Time of the Incident and Collection of Evidence

The decisions highlight the importance of the steps to be taken by victims or witnesses encountering a hit-and-run incident.

Reporting to the Police: It is essential to report the incident immediately to the police (155) and to have an accident report drawn up (Istanbul Anatolian 4th Civil Court of Commerce, 2017/300).

Evidence Detection: All types of evidence are of critical importance for identifying the perpetrator. In the decision of the 17th Civil Chamber of the Court of Cassation, numbered 2009/10051 E., “…it was determined that the colliding vehicle, as a result of the collision, dropped its front license plate numbered … at the scene, and broken plastic parts belonging to this vehicle were found on the ground” this statement demonstrates how effective physical evidence left at the scene (license plate, vehicle parts) is in identifying the perpetrator.

Witness Statements: Witness statements play a vital role, especially in identifying the driver. The 12th Criminal Chamber of the Court of Cassation (2013/13951) emphasized that a judgment cannot be rendered with an incomplete examination, stating that witnesses must be confronted with the accused.

2. Driver’s Responsibility and Reasons for Leaving the Scene of the Accident

Leaving the scene of the accident by the driver is, as a rule, a serious violation. However, in some decisions, the driver’s reasons for fleeing have been discussed.

Invalid Justifications: In the decision of the Antalya 2nd Civil Court of Commerce, numbered 2019/59 E., the driver’s defense that “people gathered at the accident scene could harm him” was not found sufficient by the court “due to no concrete danger being substantiated” and the insurer’s right of recourse claim was deemed justified. This indicates that the danger to life safety must be proven with concrete evidence, not abstract claims.

Valid Justifications: As referred to in the General Conditions of Compulsory Traffic Insurance and numerous decisions, “compulsory situations such as going to a healthcare institution for treatment or assistance, or leaving due to safety concerns” may be accepted as a legitimate reason to leave the scene of the accident. However, the burden of proof for this situation lies with the driver.

3. Assessment from the Perspective of Insurance Law

Limits of the Right of Recourse: The decision numbered 2021/743 E. of the Ankara 8th Civil Court of Commerce brings an important perspective to the right of recourse. In the decision, it was stated that, “The insured vehicle driver’s act of leaving the scene of the accident, which the plaintiff showed as a reason for recourse, does not, for this reason alone, grant the insurer a right of recourse” indicating that merely fleeing may not be sufficient for recourse, and that the insured’s “intent” or “gross negligence” must also be proven. This suggests that insurance companies may be under a more detailed burden of proof when exercising their right of recourse.

Distinction Between Property Damage and Bodily Injury: According to the decision (2021/432) of the Istanbul 14th Civil Court of Commerce, leaving the scene of an accident involving only property damage does not cause the risk to be excluded from coverage. The insurer’s right of recourse primarily arises when the scene of an accident causing bodily injury is abandoned.

Conclusion

In light of judicial decisions, what should be done when encountering a hit-and-run vehicle and the legal consequences of the process can be summarized as follows:

From the Victim’s Perspective: They should remain calm, call the police immediately, if possible, note the license plate, model, or color of the fleeing vehicle, obtain the contact information of witnesses, and secure all evidence at the scene (e.g., dropped license plates, camera recordings, etc.).

Legal Process: A driver who flees the scene of an accident, if identified, is almost always considered 100% at fault and held personally responsible for all material/moral damages incurred.

Insurance Aspect: If the driver is identified, the victim’s damages are primarily covered by the perpetrator’s traffic insurance. However, in cases of bodily injury accidents, the insurance company has the right to reclaim the compensation it paid from its insured due to the driver’s flight.

Inability to Identify the Perpetrator: If the colliding vehicle and its driver cannot be identified despite all efforts, victims (especially those who have suffered bodily injury) have the right to apply to the Guarantee Fund for compensation for their damages.

In conclusion, fleeing the scene after a traffic accident does not eliminate the driver’s legal responsibility; on the contrary, it is interpreted as an admission of guilt and an action that exacerbates both criminal and legal consequences. Judicial practice demonstrates a very clear stance against drivers who commit this act. A written article suggestion.

🔹 Why is Tuzla Lawyer Support Necessary?

Hit-and-run incidents are extremely distressing for victims, both materially and emotionally. Furthermore, as the process involves insurance, criminal, and compensation aspects, taking the correct steps in a timely manner is of great importance.

In a hit-and-run incident that occurred in Tuzla, it is critically important for the victim to receive professional support from a lawyer specialized in the field to prevent loss of rights. Because:

Identification of the Perpetrator: The collection of camera footage, taking witness statements, and presenting evidence in a legally compliant manner are more effectively managed through a lawyer.

Insurance and Compensation Process: If the perpetrator cannot be identified, an application to the Guarantee Fund; if identified, the compensation process against the insurance company can result unfavorably for the victim without legal support.

Recourse and Fault Disputes: Insurance companies may try to evade responsibility by using their right of recourse. A lawyer ensures that the fault ratio and the grounds for recourse are evaluated correctly.

Criminal Cases: The protection of victims’ rights in criminal investigations and cases initiated against a driver who left the scene of an accident is possible with legal support.

Therefore, it is necessary for victims involved in hit-and-run incidents in areas such as Istanbul, Tuzla, Pendik, Kartal, Maltepe, Gebze, Aydınlı, Orhanlı, Tepeören, Darıca, Bayramoğlu or Çayırova, Şekerpınar, Güzelyalı and Akfırat (lawyer) to consult a specialist lawyer in Tuzla, both to prevent loss of rights and to ensure the swift progress of processes.