19.02.2026 10:41
The Court of Cassation ruled that a driver who operates a vehicle without a license can claim compensation for material damages if they are not at fault in the accident; the lack of a license alone does not eliminate the right to compensation.
The Court of Cassation's 4th Civil Chamber ruled that a driver without a license can claim compensation in cases where they are not at fault in an accident. This decision highlighted a significant distinction in the practice regarding unlicensed drivers.
LOCAL COURT'S DECISION OVERTURNED
In the case subject to the decision, A.A., who was involved in a traffic accident in Denizli in 2023 and did not have a driver's license, had filed a compensation lawsuit against the other driver due to the damage to his vehicle. The local court rejected the case on the grounds that the driver was unlicensed. However, the Court of Cassation found the local court's decision unlawful and overturned it in favor of the law.
"UNLICENSED DRIVER DID NOT VIOLATE ANY RULES"
In the Court of Cassation's decision, it was emphasized that according to the expert report, the unlicensed driver did not violate any rules in the occurrence of the accident; the lack of a license was merely a situation requiring administrative sanctions. Therefore, it was stated that the unlicensed driver, who was not at fault in the accident, had the right to claim compensation for the material damage incurred.
Legal experts indicate that with this decision, an unlicensed driver will not be automatically deprived of the right to compensation solely due to being unlicensed; they express that the compensation claim can be evaluated according to the degree of fault in the accident.