Injured or suffered vehicle damage because of a pothole, broken road, missing warning sign or unsafe road condition in Turkey? Learn whether the municipality, highway authority, another public body or an insurer may be liable and how compensation claims work in 2026.

A serious traffic accident does not always begin with another negligent driver. A deep pothole, collapsed asphalt, unmarked roadworks, loose gravel, missing barrier, dangerous drainage cover, defective road surface or inadequate warning sign can cause a driver to lose control within seconds. Motorcyclists, cyclists and e-scooter riders face particularly serious risks because even a relatively small road defect can result in catastrophic injuries.

When this happens, one of the first questions is usually whether the driver’s insurance company must compensate the loss. The answer is more complicated than in an ordinary two-vehicle accident. Turkish compulsory motor liability insurance is fundamentally designed to cover the insured vehicle operator’s legal liability for damage caused to third parties through operation of the insured motor vehicle. It is not automatically a general insurance policy against every loss suffered by the insured vehicle because a public road was defective. (Sigorta Bilgi ve Gözetim Merkezi)

A road-defect accident may instead require investigation of the public authority responsible for constructing, maintaining or controlling the road, together with the driver’s own fault, other drivers’ fault, comprehensive motor insurance and potentially several responsible parties at the same time.

The distinction is crucial. Turkish courts have recognized situations in which the authority responsible for road maintenance bears fault for traffic accidents caused partly by unsafe road conditions. In one Constitutional Court case, for example, the road-maintenance authority was found to have service-related fault in an accident that caused significant bodily injuries. (Anayasa Mahkemesi)

Who Is Responsible for a Pothole Accident in Turkey?

There is no single defendant responsible for every defective-road accident.

The responsible authority depends on the particular road and which institution has responsibility for its construction, maintenance, repair, inspection or traffic safety.

Depending on the location and circumstances, responsibility may potentially involve a municipality, a metropolitan municipality, the national highway authority or another public administration.

The claimant should therefore avoid beginning a compensation case against an authority merely because the accident occurred geographically within that authority’s boundaries.

The first legal question should be:

Who actually had the legal responsibility to maintain or secure this particular section of road?

Only after answering that question should liability be assessed.

Can a Municipality Be Liable for a Pothole Accident?

Potentially, yes.

Where a municipality or other local authority is legally responsible for maintaining a road, failure to address a dangerous condition may potentially create administrative liability if the requirements for compensation are established.

For example, a claim may arise where a significant pothole has remained unrepaired, the authority failed to provide adequate warning, and a driver suffers an accident because of that defect.

However, the mere existence of a pothole does not automatically guarantee compensation.

The claimant generally needs evidence connecting the defective road condition with the accident and resulting loss.

Can the Highway Authority Be Liable?

Potentially.

Where the accident occurs on a road falling within the responsibility of the national highway administration, liability may need to be examined against that authority rather than a municipality.

Road construction, maintenance, repair and safety measures can form part of the public service obligations relevant to such cases.

The Constitutional Court has considered a traffic accident in which the authority responsible for road maintenance was found partly at fault, confirming that defective road maintenance can create compensable public-authority responsibility in appropriate circumstances. (Anayasa Mahkemesi)

What Is Service Fault?

A central concept in claims against public authorities is defective performance of a public service.

A road-maintenance service may potentially be considered defective where the service is not provided at all, is provided inadequately or is provided too late, depending on the circumstances.

In a pothole case, the legal analysis may therefore examine questions such as whether the dangerous condition should have been detected, whether it existed long enough to require intervention, whether appropriate repairs were performed and whether adequate warning measures were installed.

The seriousness and foreseeability of the danger can become important.

What Road Defects Can Potentially Create Liability?

A claim is not limited to a classic pothole. Accidents may potentially result from collapsed asphalt, dangerous elevation differences, missing or damaged manhole covers, loose gravel, excavation works, inadequately secured construction areas, missing barriers, dangerous road-edge conditions, improper drainage, unmarked obstacles or other unsafe conditions.

The decisive issue is not what the defect is called.

The important questions are whether the road presented an unreasonable danger, who was responsible for addressing that danger and whether the condition actually caused or contributed to the accident.

Pothole Damage to a Car

A deep pothole can damage tires, wheels, suspension, steering components and other parts of a vehicle.

In severe cases, the driver may lose control and collide with another object or vehicle.

Photographs should be taken before the pothole is repaired whenever safely possible.

The photographs should ideally show both the defect itself and its relationship to the surrounding road.

Close-up photographs alone may not establish where the pothole was located or how a driver approaching normally would have encountered it.

Pothole Accidents Involving Motorcycles

Motorcyclists are especially vulnerable to defective roads.

A pothole that merely damages a car wheel can throw a motorcyclist from the motorcycle.

The resulting injuries may include fractures, spinal injuries, traumatic brain injuries, nerve damage and permanent disability.

In such cases, the claim may extend far beyond motorcycle repair costs.

The victim’s long-term medical condition and economic losses must also be investigated.

Bicycle Accidents Caused by Road Defects

Cyclists can also suffer severe injuries because of damaged road surfaces, unsafe bicycle lanes or unexpected obstacles.

The same evidence-preservation principles apply.

Photographs, GPS information, camera footage and witness statements should be collected immediately.

If the dangerous condition is repaired after the accident, proving its original severity may become considerably more difficult.

E-Scooter Accidents Caused by Potholes

E-scooters are particularly sensitive to surface defects because of their relatively small wheels.

A hole, raised surface or defective cover that might present a manageable hazard for a car can cause an e-scooter rider to fall immediately.

The legal analysis should determine whether the rider was lawfully using the relevant part of the road, whether the road condition was defective and whether the rider’s conduct contributed to the accident.

Where a rented e-scooter is involved, technical defects in the scooter should also be excluded before attributing the accident entirely to the road.

Missing Manhole Cover Accidents

Missing or improperly secured manhole covers can create particularly serious hazards.

The responsible entity may not necessarily be the same authority responsible for the surrounding road.

Depending on the infrastructure involved, responsibility may need to be investigated against another public entity, utility operator or contractor.

Evidence identifying the precise infrastructure and responsible institution can therefore become important.

Road Construction Accidents

Road construction creates additional liability questions.

An accident may result from an excavation, lane diversion, abrupt elevation change, construction machinery, inadequate lighting or insufficient warning signs.

The responsible public authority should be identified, but the contractor performing the construction may also need to be investigated.

The existence of a private contractor does not automatically resolve the public-authority liability issue.

Each potentially responsible party should be analyzed separately.

Missing Warning Signs

Sometimes the road defect itself is unavoidable because emergency construction or unexpected damage has occurred.

The critical issue may then become whether drivers were adequately warned.

Temporary signs, cones, barriers, lighting and speed restrictions can be essential.

If a dangerous excavation exists immediately after a blind corner without adequate warning, failure to provide appropriate traffic-safety measures may become central to the liability analysis.

Can the Driver Also Be at Fault?

Yes.

Road-authority fault does not automatically mean that the driver has zero responsibility.

A driver may have been speeding, distracted or travelling too fast for the road and weather conditions.

The accident may therefore involve shared responsibility.

The Constitutional Court case concerning road-maintenance fault illustrates this possibility: expert assessments attributed percentages of responsibility both to the administration and to the driver. (Anayasa Mahkemesi)

This distinction can materially affect compensation.

What If Another Driver Also Contributed to the Accident?

Road defects and driver negligence can exist simultaneously.

Suppose a dangerous road defect contributes to an accident, but another driver is also negligent.

The case may then involve the responsible public authority, another vehicle operator and the other vehicle’s compulsory motor insurer.

Recent Court of Cassation jurisprudence illustrates this type of mixed-liability scenario. In a 2026 decision involving both driver fault and fault attributed to the institution responsible for road construction and maintenance, the Court addressed joint liability between the relevant defendants under the general rules governing multiple responsible parties. (Kanun Yolu)

This is extremely important because a road defect does not necessarily eliminate the potential insurance claim against another negligent driver.

Can the Other Driver’s Insurance Company Be Responsible?

Potentially, if another motor vehicle driver contributed to the accident.

Compulsory motor liability insurance covers the insured vehicle operator’s legal responsibility for qualifying damage caused to third parties through operation of the insured motor vehicle, subject to applicable coverage and limits. (Lexpera)

Suppose another driver is 70% responsible and a defective road condition contributed to the remaining accident circumstances.

The other vehicle’s insurer may therefore remain highly relevant.

The public-authority claim and motor insurance claim should be coordinated rather than treated as mutually exclusive.

Does My Own Compulsory Motor Insurance Pay for Pothole Damage to My Car?

Generally, compulsory motor liability insurance should not be confused with insurance covering damage to your own vehicle.

Compulsory motor insurance is liability insurance designed principally to cover the insured vehicle operator’s responsibility toward third parties. (Sigorta Bilgi ve Gözetim Merkezi)

If your own car is damaged because you drive into a pothole without another responsible motor vehicle, your compulsory motor insurance is therefore not automatically the source for repairing your own vehicle.

This is one of the most common misunderstandings in road-defect accidents.

Can Comprehensive Motor Insurance Cover Pothole Damage?

Potentially, depending on the policy.

Comprehensive motor insurance is contractual coverage, so the policy wording, coverage scope, exclusions and accident circumstances must be examined.

A comprehensive policy may provide a practical route for repairing the insured vehicle even where liability against a public authority is still being investigated.

However, the existence of comprehensive insurance does not necessarily mean that questions concerning the ultimate responsible party disappear.

The insurer may have separate recovery rights depending on the circumstances and policy.

What Compensation Can Be Claimed From the Responsible Authority?

The recoverable damages depend on the accident.

A simple property-damage case may involve vehicle repair costs.

A severe accident may involve permanent disability, temporary inability to work, economic losses and other material damages.

Where death occurs, qualifying family members may potentially have death-related compensation claims.

Non-economic damages may also become relevant in appropriate bodily injury cases. The Constitutional Court has specifically held that refusing non-economic compensation solely because the administration’s established service fault was not considered sufficiently “serious” violated the applicants’ constitutional rights in the case before it. (Anayasa Mahkemesi)

Vehicle Repair Costs

Vehicle damage should be documented before repair.

Photographs, repair estimates, invoices and expert assessments should be preserved.

If the road defect damaged a wheel and suspension but the vehicle later developed steering problems, technical evidence may be required to establish whether the later problem resulted from the same impact.

Causation is particularly important because the authority may argue that some claimed repairs concern ordinary wear or pre-existing damage.

Vehicle Diminished Value

A serious road-defect accident can also affect the vehicle’s second-hand market value.

Whether and against whom diminished value can be recovered depends on the applicable liability framework and facts.

The claimant should therefore distinguish between physical repair costs and the broader reduction in vehicle value.

For motor liability claims falling within compulsory motor insurance, the current General Conditions expressly include qualifying vehicle diminished value within material-damage coverage. (Lexpera)

That does not mean, however, that a pothole automatically creates a compulsory motor insurance claim. An insured motor vehicle must have relevant liability before its compulsory insurer becomes responsible.

Permanent Disability

If a defective road causes a serious bodily injury accident, permanent disability may become the most significant component of the claim.

The victim may suffer spinal injury, traumatic brain injury, amputation, nerve damage or permanent orthopedic impairment.

The long-term assessment can involve age, occupation, income, permanent impairment and reduced earning capacity.

A serious injury claim should therefore not be valued solely by reference to the immediate hospital expenses.

Loss of Earnings

A person injured because of an unsafe road may be unable to work during recovery.

Employment contracts, salary records, bank statements and employer documentation should be preserved.

Self-employed victims should retain tax documentation, invoices and historical financial evidence.

Foreign victims should preserve equivalent records from their home countries.

Loss of Future Earning Capacity

Permanent disability may reduce the victim’s ability to continue in the previous profession.

The financial effect depends heavily on occupation.

Permanent hand impairment can have particularly severe consequences for a surgeon or musician. A serious leg injury may fundamentally affect an athlete or physical worker.

The economic assessment should therefore connect the medical condition with the victim’s actual professional circumstances.

Foreign Tourists Injured Because of Road Defects

Foreign nationality does not by itself eliminate a potential compensation claim arising from defective public infrastructure in Turkey.

A tourist injured in a pothole or unsafe-road accident should obtain the accident report, medical documentation and photographic evidence before leaving Turkey whenever possible.

The exact accident location is particularly important.

GPS coordinates, map records and photographs showing identifiable surroundings can help establish which authority was responsible for the road.

Medical treatment continuing abroad should also be documented.

Foreign-Plated Vehicle Damaged by a Pothole

A foreign-plated vehicle may also suffer substantial property damage because of a defective road.

Proof of ownership, registration records, repair invoices and evidence concerning the vehicle’s value should be preserved.

If repairs are performed after the vehicle returns abroad, the claimant should maintain complete documentation connecting those repairs with the Turkish accident.

Translation and valuation issues may need to be addressed during the compensation proceedings.

Evidence Is the Most Important Part of a Pothole Claim

Road defects can disappear quickly.

A municipality may repair the pothole the following morning.

A contractor may fill an excavation.

Loose gravel may be cleared.

A broken barrier may be replaced.

Once this occurs, proving the original road condition becomes much more difficult.

The claimant should therefore preserve evidence immediately.

Photograph the Defect Properly

Photographs should establish more than the existence of a hole.

Ideally, they should show its approximate dimensions, depth, position within the lane, surrounding road configuration, visibility to approaching drivers and whether warning signs were present.

A wider photograph identifying the location is just as important as a close-up photograph.

Video can also be valuable.

Preserve the Exact Location

The exact accident location can determine the identity of the responsible authority.

GPS coordinates, map screenshots, nearby road signs, kilometer markers, intersection names and recognizable buildings should therefore be recorded.

Simply stating that the accident happened “on a road near the city center” may be inadequate.

Obtain an Official Accident Record

Official documentation can be particularly important in single-vehicle road-defect accidents.

The Insurance Information and Monitoring Center states that the standard driver-prepared accident report should not be used for single-vehicle property-damage accidents; traffic authorities should instead be notified in circumstances listed by the Center. (Sigorta Bilgi ve Gözetim Merkezi)

The road defect should be documented in the official record where possible.

A report that merely states that the driver “lost control” without mentioning the pothole can create significant evidentiary problems later.

Witnesses

Independent witnesses can help establish that the defect existed before the accident and caused the loss.

This can be particularly valuable where the road is repaired shortly afterward.

Witnesses may also confirm the absence of warning signs or describe previous incidents at the same location.

Contact information should be collected immediately.

CCTV and Dashcam Footage

Video evidence can show the vehicle approaching the defect, the driver’s reaction and the resulting accident.

Dashcam footage can be especially powerful because it may demonstrate that the pothole was difficult or impossible to avoid safely.

Nearby businesses, residential buildings and public cameras should also be investigated.

Recordings may be deleted automatically after relatively short retention periods.

Previous Complaints About the Same Pothole

Evidence that the responsible authority had already received complaints can strengthen the factual case.

Prior reports, photographs, public-service requests or evidence of earlier accidents may help demonstrate that the danger existed before the claimant’s accident.

However, prior notice is not the only possible route to establishing liability.

The authority’s inspection and maintenance obligations must also be considered.

What If the Authority Repairs the Road Immediately After the Accident?

Repair does not necessarily eliminate liability for an earlier accident.

The difficulty becomes proving what the road looked like before the repair.

This is why immediate photographs, videos, witness statements and official documentation are so important.

Evidence created before the repair may become the central foundation of the case.

Which Court Has Jurisdiction?

Claims arising from alleged service fault of a public administration generally raise administrative-law issues rather than an ordinary private insurance dispute.

This means the procedural route can differ substantially from a standard lawsuit against a private driver or insurance company.

Where the same accident involves both public-authority fault and private driver fault, different procedural and jurisdictional issues may arise.

The 2026 Court of Cassation decision noted above involved litigation in which responsibility was attributed both to a driver and to the institution responsible for road construction and maintenance, demonstrating how these cases can produce parallel or interconnected liability proceedings. (Kanun Yolu)

Correctly identifying the defendant and jurisdiction at the beginning is therefore particularly important.

Time Limits Can Be Critical

Claims against public authorities can involve procedural requirements and time limits different from ordinary civil compensation cases.

A claimant should therefore not assume that the general limitation period for an ordinary traffic accident automatically governs every claim against a municipality or highway authority.

The responsible authority, nature of the administrative conduct and appropriate procedural route should be determined promptly.

Delay can create avoidable procedural risks.

What If the Authority Says the Driver Was Speeding?

This is a common defense.

The authority may argue that a reasonable driver travelling at an appropriate speed could have avoided the defect.

The claimant should therefore preserve evidence concerning road visibility, traffic conditions, weather, speed and the suddenness of the hazard.

Even if the driver bears some fault, that does not necessarily eliminate public-authority liability where defective road maintenance also contributed to the accident. The Constitutional Court case involving shared fault between a driver and the road-maintenance administration illustrates this principle. (Anayasa Mahkemesi)

What If Bad Weather Created the Pothole?

Weather conditions do not automatically resolve the liability issue.

The relevant questions can include when the defect arose, whether it was reasonably discoverable, whether emergency measures were appropriate and whether adequate warnings were provided.

A genuinely sudden and unforeseeable event may present a different liability analysis from a dangerous defect that remained untreated for an extended period.

The timeline of the road damage can therefore be important.

What If There Was a Warning Sign?

A warning sign can affect liability, but its mere existence does not automatically eliminate responsibility.

The sign’s location, visibility and adequacy should be considered.

A small sign placed immediately before a major excavation may provide insufficient practical warning.

Conversely, clear advance warnings, barriers and speed restrictions that a driver ignores may significantly affect the driver’s fault.

What If the Accident Causes Death?

A fatal road-defect accident can create substantial claims.

Qualifying surviving family members may potentially seek compensation for losses resulting from the death, including loss of financial support where the legal requirements are satisfied.

The liability investigation should determine whether the road authority, another driver or several parties contributed to the fatal accident.

Where another insured motor vehicle shares responsibility, its compulsory insurer may also become relevant.

Can Several Parties Be Liable at the Same Time?

Yes.

This is one of the most important principles in road-defect cases.

An accident can result simultaneously from a defective road and negligent driving by another motorist.

A 2026 Court of Cassation decision addressed a case in which a driver was assessed at 80% fault and the institution responsible for road construction and maintenance at 20%; the decision discussed their joint responsibility toward the claimant under the rules governing multiple responsible parties. (Kanun Yolu)

Accordingly, a claimant should avoid assuming that proving road-authority fault necessarily eliminates the insurance claim against another responsible vehicle.

20 Critical Steps After a Pothole or Road-Defect Accident

1. Obtain medical treatment immediately where anyone is injured.
2. Notify the appropriate authorities and obtain an official accident record.
3. Ensure the road defect is identified in the record.
4. Photograph the pothole or defect immediately.
5. Take wider photographs showing its position on the road.
6. Record the exact location and GPS information.
7. Photograph missing or inadequate warning signs.
8. Photograph all vehicle damage.
9. Preserve dashcam footage.
10. Search for nearby CCTV cameras.
11. Obtain witness contact information.
12. Identify which authority maintains the road.
13. Determine whether a contractor was performing roadworks.
14. Preserve repair estimates and invoices.
15. Preserve all medical documentation.
16. Document temporary inability to work.
17. Preserve income evidence.
18. Investigate whether another driver contributed to the accident.
19. Review comprehensive motor insurance coverage where available.
20. Determine the correct administrative, civil and insurance remedies before procedural deadlines expire.

The most important lesson is that a pothole accident is not automatically an insurance-company case and it is not automatically only a municipality case. Liability depends on the cause of the accident. The road-maintenance authority may be responsible, another negligent driver may be responsible, the injured driver may share fault, or several parties may bear responsibility simultaneously.

Frequently Asked Questions

Can I claim compensation after hitting a pothole in Turkey?

Potentially, yes. If a defective road condition resulted from inadequate construction, maintenance, repair or safety measures attributable to the responsible public authority, compensation may be available subject to proof of liability, causation and damages.

Is the municipality always responsible for potholes?

No. The responsible entity depends on who has legal responsibility for the particular road. A municipality, national highway authority or another public body may be responsible depending on the location and road classification.

Does compulsory motor insurance pay for pothole damage to my own car?

Not ordinarily merely because your vehicle hit a pothole. Compulsory motor insurance principally covers the insured vehicle operator’s liability for qualifying damage caused to third parties. (Sigorta Bilgi ve Gözetim Merkezi)

Can comprehensive motor insurance cover pothole damage?

Potentially, depending on the policy terms, coverage and exclusions. The individual policy should be reviewed.

What if another driver and the defective road both caused the accident?

Both may potentially be relevant. Turkish case law recognizes situations in which driver fault and road-maintenance fault coexist. (Anayasa Mahkemesi)

Can I claim if I was partly at fault?

Potentially. Partial driver fault does not necessarily eliminate the responsible authority’s liability, although it can affect the compensation analysis.

Can motorcyclists claim compensation for pothole accidents?

Potentially, yes. Motorcyclists may have substantial bodily injury claims where defective road conditions legally attributable to a responsible authority cause or contribute to an accident.

Can foreign tourists claim compensation?

Potentially, yes. Foreign nationality does not itself eliminate a claim arising from a road-defect accident in Turkey. Evidence concerning the accident, medical treatment and economic losses should be preserved carefully.

What evidence is most important?

The official accident record, immediate photographs and video of the defect, exact location information, dashcam or CCTV footage, witness statements, vehicle-damage evidence and medical records can all be critical.

Should I wait to see whether the pothole is repaired?

No. Evidence should be preserved immediately. A road defect may be repaired shortly after an accident, making later proof significantly more difficult.

Client-Focused Legal Support for Road Defect and Pothole Accident Claims in Turkey

Road-defect accidents require a different legal strategy from ordinary motor vehicle collisions. The first task is identifying exactly what caused the accident and which institution was legally responsible for the road. The evidence must then establish the connection between the defect, the accident and the resulting damage.

Cases become particularly complex where a defective road and another negligent driver contribute simultaneously. In those circumstances, the claim may involve both public-authority liability and motor insurance. Turkish jurisprudence confirms that responsibility for the same traffic accident can be attributed both to a driver and to the institution responsible for road construction or maintenance. (Anayasa Mahkemesi)

For foreign victims, immediate evidence preservation is especially important. The road may be repaired after the accident, while the claimant may return abroad before responsibility has been established. Photographs, GPS information, official accident records, medical documents and evidence of foreign earnings should therefore be secured as early as possible.

Fırat Fesih Kaya Law Office assists foreign individuals and international clients with pothole accident compensation, defective road accidents, road maintenance liability, motorcycle and bicycle road-defect injuries, vehicle damage, permanent disability claims, foreign income claims, public-authority compensation proceedings, motor insurance disputes and traffic accident litigation in Turkey.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No: 221, Yıldırım Tower, Balgat, Çankaya, Ankara, Turkey