In Türkiye, individuals who suffer damage due to failures in public services have a clear legal pathway to seek compensation. Contrary to a common misconception among foreigners, it is entirely possible to file lawsuits against public authorities and obtain damages when the administration is at fault. One of the most frequent examples of this is vehicle damage caused by road defects such as potholes, missing manhole covers, or inadequate maintenance.
This article explains how administrative liability works under Turkish law, what constitutes a “service fault,” and how individuals, including foreign nationals, can effectively pursue compensation.
What is a Service Fault (Hizmet Kusuru)?
A service fault refers to the failure of a public authority to properly establish, organize, or operate a public service. This concept is a cornerstone of administrative law in Türkiye.
A service fault typically arises in three situations:
The public service is not performed at all
The service is performed late
The service is performed improperly or negligently
For example, failing to repair a dangerous pothole on a public road, leaving infrastructure incomplete, or not placing proper warning signs are all considered service faults.
Under Turkish law, when such failures cause damage to individuals, the administration is legally obligated to compensate for that damage.
Liability of Public Authorities for Road Defects
Public roads in Türkiye fall under the responsibility of different administrative bodies depending on their classification. Municipalities are responsible for urban roads, while highways are maintained by the General Directorate of Highways.
If a vehicle is damaged due to:
A pothole
A collapsed or missing manhole cover
Poor road maintenance
Lack of warning signs
this situation is generally evaluated as a service fault. The administration has a legal duty to ensure that roads are safe for public use. Failure to fulfill this duty establishes liability.
Can Foreigners Sue the Administration in Türkiye?
Yes. Foreign nationals have the same legal rights as Turkish citizens when it comes to filing lawsuits against administrative authorities.
There is no legal barrier preventing foreigners from:
Filing claims for compensation
Applying to administrative authorities
Initiating lawsuits before administrative courts
In practice, many foreigners hesitate due to unfamiliarity with the system. However, Turkish administrative law provides strong protection for individuals, and courts regularly rule in favor of claimants where a service fault is proven.
What Should You Do If Your Vehicle is Damaged?
If your vehicle is damaged due to a road defect, taking the correct legal steps is crucial for a successful claim:
1. Collect Evidence
Photograph the scene clearly, including the pothole or defect, the vehicle damage, and the surrounding area. If possible, obtain a police or gendarmerie report documenting the incident.
2. Identify the Responsible Authority
Determine whether the road falls under municipal responsibility or a national authority. This step is essential for directing your claim correctly.
3. File an Administrative Application
You must submit a written compensation request to the relevant authority within one year from the date of damage.
4. Initiate Legal Proceedings
If the administration rejects your application or fails to respond within 60 days, you have the right to file a full remedy action (compensation lawsuit) before the administrative courts.
Legal Process and Jurisdiction
Disputes arising from service faults fall under the jurisdiction of administrative courts in Türkiye. These courts examine whether the administration failed in its duty and whether this failure caused the damage.
The court typically evaluates:
The existence of a service fault
The causal link between the fault and the damage
The amount of compensation
Expert reports and technical evaluations often play a key role in determining liability.
Why Legal Assistance is Important
Although the legal framework is clear, administrative cases require precise procedural compliance. Missing deadlines, submitting incomplete applications, or failing to gather sufficient evidence can weaken your case.
Working with a lawyer experienced in administrative law ensures:
Proper identification of the liable authority
Accurate preparation of applications and petitions
Effective representation before administrative courts
Conclusion: You Can Enforce Your Rights in Türkiye
Türkiye provides a well-established legal system that allows individuals to hold public authorities accountable for service faults. Whether you are a Turkish citizen or a foreign national, you have the right to claim compensation for damages caused by negligent public services.
If your vehicle has been damaged due to poor road conditions, you should not hesitate to take legal action. With the correct approach and proper legal support, it is entirely possible to recover your losses through administrative proceedings.
Recently Added Blogs
