Precedent-setting decision in traffic accidents: Path to compensation opened for unlicensed drivers

The 4th Civil Chamber of the Court of Cassation has issued a precedent-setting decision regarding traffic accidents involving unlicensed drivers. The High Court stated that not having a driver's license does not, in itself, constitute an obstacle to a compensation claim, and that material damages can be covered if the driver is not at fault.

According to the report on NTV, the decision emphasized that while the absence of a driver's license is a situation requiring administrative sanctions, this condition does not eliminate the right of a person who is faultless in an accident to demand compensation for the material damage they have suffered.

According to the Court of Cassation ruling published in the Official Gazette, a vehicle driven by an unlicensed driver was struck by another vehicle in a traffic accident that occurred in Denizli in 2023. The driver, whose vehicle was damaged in the accident, stated that they had to rent another vehicle because they could not use their own, and demanded compensation for the loss of use of the vehicle.

During the trial, it was revealed that the vehicle involved in the accident belonged to the unlicensed driver, but a different name had been written on the accident report. The defendant's side argued that this situation constituted forgery of documents and that the plaintiff could not claim material compensation due to being unlicensed.

The Denizli Civil Court of First Instance dismissed the case. Following this, the Ministry of Justice appealed the decision for the benefit of the law. The 4th Civil Chamber of the Court of Cassation, which reviewed the file, overturned the local court's verdict in its 2025 decision.

In the Court of Cassation's decision, it was stated that "the plaintiff's lack of a driver's license does not constitute a driving fault and cannot be accepted as a circumstance that would break the causal link," and that the amount of damage should be calculated and a decision made based on the result.

Furthermore, the decision pointed out that there was no expert report indicating that the unlicensed driver was at fault in the accident, and reiterated that the absence of a driver's license is merely a situation requiring administrative sanctions. For these reasons, the Court of Cassation ruled that an unlicensed but faultless driver can claim compensation for the material damage caused to their vehicle.

News Source: 12punto