Who Is Legally Liable in Transfer Accidents in Turkey?

It depends on the circumstances: In accidents occurring during transfers between the airport and clinic, legal liability generally depends on whose fault caused the accident, who operated the vehicle, who arranged the transfer service, and the contracts you signed. Liability is not automatically attributed solely to the clinic, the driver, or the transfer company; the evidence of the specific case must be reviewed.

In Turkey, the accident report, medical records, transfer booking, payment documents, contract, and insurance policy should first be assessed. If you do not live in Turkey, obtaining written opinions from both a local legal professional and the relevant insurance provider, depending on the nature of the incident, can help protect your rights more effectively.

Key factors determining liability in a transfer accident

Determining liability after an accident involves more than simply checking in whose name the vehicle is registered. Compliance with traffic rules, the vehicle’s maintenance and safety condition, who commercially provided the transfer, and the terms under which the service was purchased must all be considered together.

Driver negligence

If speeding, careless or dangerous driving, failure to maintain a safe following distance, fatigue, or another traffic violation contributed to the accident, the driver’s personal liability may arise. If the driver works for a company, the employer’s liability may also need to be examined separately.

This assessment is not based solely on statements made at the time of the incident. Police or gendarmerie records, camera footage, witness statements, vehicle data, road conditions, and expert assessments may be important. The degree of fault may become clear based on official records and, where necessary, judicial assessment.

The role of the transfer company

If an independent transportation company provided the transfer, the company’s liability may be considered in relation to the selection of the vehicle, assignment of the driver, vehicle maintenance, and safe delivery of the service. Any deficiencies concerning the company’s licenses, insurance, maintenance, or personnel selection should also be investigated.

Even if the transfer service was purchased through an intermediary, it is important to determine whether the intermediary was the actual carrier. Check which company is listed as the service provider on the booking and payment documents. The mere appearance of the clinic’s brand does not, by itself, prove who actually operated the vehicle.

When might the clinic be liable?

If the clinic arranged the transfer using its own personnel, its own vehicle, or a transportation company with which it contracted directly, the division of responsibilities between the clinic and the carrier may be examined. If the transfer was offered as part of a treatment package, the contract and scope of services must also be assessed; this does not mean that the clinic is automatically liable for the accident in every case.

If the clinic merely shared the contact details of an independent transportation company, its legal role may be different. However, if the clinic expressly stated that it provided the transfer, collected the fee, or made a written commitment regarding safe transportation, these records may be taken into account when assessing liability.

Document and evidence checklist: What should you do after the incident?

First, prioritize your safety and urgent medical needs. Without delaying medical treatment, ask for records relating to the incident to be kept properly and, where possible, request a copy of the documents.

• Accident records: Request copies of reports prepared by the police or gendarmerie, incident-scene records, and any case or file number. Confirm with the relevant authority through which official documents can be shared.
• Medical documents: Keep examination records, imaging results, discharge documents, and invoices for expenses incurred. Preserve the originals so the documents can later be used in insurance or legal proceedings.
• Transfer records: Archive the booking email, vehicle or driver details, payment receipt, correspondence with the clinic, and documents showing that the transfer was included in the package.
• Visual evidence and witness details: In a safe environment, take photographs of the vehicle, accident scene, and visible damage. Note the contact details of people accompanying you, the date of the incident, and its approximate time.
• Insurance documents: Ask the clinic, transfer company, or your own travel insurer in writing which risks the policy covers. Pay particular attention to excluded items, the notification period, and required documents.

How should you review the contract and insurance coverage?

Before purchasing the transfer service, read the contract to determine who provides the transportation, which services are included in the fee, how an accident must be reported, and what provisions address liability. If the translation is not clear to you, request an explanation in a language you understand or obtain independent translation support before signing.

Broad wording such as “no liability of any kind is accepted” does not necessarily mean that all your legal rights have been eliminated; however, such a clause should not be ignored. The validity and application of the contract may depend on the circumstances of the incident, the parties to the contract, and the applicable rules.

The existence of an insurance policy does not mean that every loss will definitely be covered. Motor insurance, the liability of the vehicle owner or operator, the carrier’s commercial insurance, and personal travel insurance may provide different types and levels of coverage. Before notifying the insurer, confirm the policy terms and required documents in writing.

Important risks to consider

Do not sign a waiver, release, or quick-settlement document offered after the accident without understanding its contents. In particular, if the document states that you waive future treatment expenses, loss of income, or other claims, it may be appropriate to obtain independent legal advice before signing.

Statements made during telephone conversations may later be insufficient as evidence. Try to confirm important statements about liability, payment of expenses, insurance notification, or treatment costs by email or through another written channel.

Even if the incident occurred in Turkey, your country of residence’s insurance or your employer’s health plan may require additional notification. Do not assume a definitive outcome, as the law that applies may vary depending on factors such as the location of the accident, the contract, the parties’ headquarters, and relevant regulations.

Approach to protecting your rights

File your documents chronologically and create a brief timeline of the incident. This may include the time you left the airport, vehicle details, the location of the accident, your first medical visit, and notifications made. Also record the names of the people and organizations you contact, the dates, and their responses.

Rather than relying only on verbal assurances from the transfer company or clinic regarding liability, request written information about the relevant insurance, the status of the accident file, and the notification process to be followed. If you receive no response or documents are not shared, you can learn about official channels from consular services in your country, a lawyer, or an insurance adviser.

The information on this page is provided for general informational purposes and does not replace advice from a lawyer, insurance specialist, or official authority. For an assessment of compensation, medical expenses, limitation periods, or the appropriate authority to contact, obtain up-to-date advice from a qualified legal professional in Turkey based on the documents relating to your case.

Related questions

• Which clauses should I check in the transfer contract I sign as part of medical tourism in Turkey?
• How should I notify my health and travel insurers about a transfer accident?
• Where can I verify the official channels for reporting an accident that occurred during treatment in Turkey?