The compensation for deprivation of support is the type of financial compensation paid to the individuals whose health is supported by the person who died as a result of a traffic accident. The persons who are deprived of support are allowed to receive compensation for deprivation of support with the first application made to the insurance company under the compulsory financial liability policy. If the claim is not met despite the first application, the compensation claim for deprivation of support to be opened and compensation claims of the persons who are supported in the health of the deceased are met through the case.
There is no obligation to have blood ties in order to receive compensation for deprivation of support; in addition, the persons deprived of support should prove that they receive financial assistance in the health of the deceased and the help should be regular and this should be done in order to provide normal living opportunities for the recipient.
For the lack of Support Compensation, the children, spouse, mother, father, siblings or a third party of persons who may claim compensation from the insurance company may apply for compensation. Daughters of the deceased up to 22 years of age, up to 25 years of higher education, sons up to 18 years of age, if he / she is in higher education, he / she may claim compensation for deprivation of support until the age of 25. If the deprived spouse has children, the share of the spouse is ¼, the share of children is ¾ ¾. If the spouse and the deceased’s parents receive compensation for the deprivation of support; the share of the spouse is ½ and the share of the parents is ½.
It is also fixed by the decisions of the Court of Cassation that the spouse is not required to marry in order to claim compensation. In other words, if the spouse of the imam marriage proves that he is deprived of his support after he has died in a traffic accident, he may claim compensation for deprivation of support.
The brothers are also obliged to receive alimony against each other. Actual assistance can take the form of coexistence or benefit. In such cases, compensation for deprivation of support may be requested.
Engages can also apply for compensation for the lack of support. For the death of one of those who is determined to marry each other means the loss of the future wife or husband. It is sufficient for the fiancées to make a sincere decision to marry each other.The long-lasting friendship of young and serious people can serve as a presumption to accept the promise of a marriage. When this situation is proved, compensation for deprivation of support may be requested.
Furthermore, the person claiming compensation does not have to be the heir of the deceased. Therefore, a person who is not the heir of the deceased or who has rejected the heritage can also claim compensation for the deprivation of support. The claim for non-pecuniary damage may also be claimed from the defective driver.
Within 15 years from the date of the accident, the insurance company can apply for compensation for deprivation of support. “If the case arises from an act requiring punishment and the penal code provides for a longer period of time for this act, this period also applies to claims for pecuniary damage.”
In accordance with the provision; Since the fatal traffic accident in question is an act that requires punishment, the statute of limitations should be applied and the statute of limitations is 15 years from the date of the accident.
“ If the case arises from a criminal act and the penal code provides for a longer period of time for that act, this period also applies to claims for pecuniary damage.
If the statute of limitations is terminated against the indemnity officer, it shall also be terminated against the insurer. The time-out for the insurer shall be deemed to have been interrupted for the compensation lender. ”
References: COMPENSATION OF LACK OF SUPPORT – Prof. Dr. Kemal Tabir GÜRSOY