In addition to its economic importance, the maritime transport and yachting sector also attracts attention with the legal difficulties it brings with it. Collision incidents, which are frequently encountered in this sector and can cause serious material damages, require a complex and multifaceted legal analysis. The concept of collision is defined as ‘collision of ships’ in Article 1286 of the Turkish Commercial Code (TCC). However, the legal framework of collision incidents is not limited to national legislation. This issue, which is of great importance at the international level, has also been shaped by international regulations such as the Brussels Convention of 1910 and the Regulations on Preventing Collisions at Sea (COLREG 1972). These international agreements, to which Turkey is a party, play an important role in the legal evaluation of collision incidents occurring in our country.
When analysing the legal consequences of collision incidents, firstly, the critical importance of the determination of fault comes to the fore. Article 1287 et seq. of the TCC categorises the fault situations in collision incidents under three main headings: joint fault, unilateral fault and faultless collision. This classification directly affects the nature of the lawsuits to be filed and the amount of compensation to be claimed, since the regulation clearly determines who will be liable for the damage caused by the fault. Accordingly, although material damages are the most common type of lawsuit within the scope of collision, non-pecuniary damages can also be filed when the conditions are met. In addition, actions for declaratory judgement, which are particularly important for the subrogation rights of insurance companies, are also among the frequently encountered types of lawsuits in practice.
In terms of pecuniary damages, the calculation of the loss arising from the collision is one of the most complex stages of the legal process. While direct damages include the repair costs of the yacht, dry dock fees and expertise fees, indirect damages cover a wider range. For example, factors such as loss of charter income, loss of reputation and loss of customers due to the inability to use the yacht during the repair period are also taken into account in the calculation. In addition, in the decision of the 11th Civil Chamber of the Court of Cassation numbered 2016/2636 E., 2016/8854 K., ‘…the plaintiff may claim the deprivation of profit due to the inability to charter the ship as a result of the collision. In terms of the profit deprived, the court should determine whether the ship can be rented during the period when the ship is under repair, hypothetically determine the loss of earnings within the scope of market conditions within the repair period, determine the net earnings of the ship by taking into account both the time when the damage occurred and the time when the ship should be repaired, and determine the actual loss regarding the net earnings by deducting the expenses that the plaintiff was saved from making due to the tort during the repair period, and decide according to the result, while it was not correct to decide to dismiss the case on written grounds, … ’, it has been ruled that, in terms of the profit deprived within the scope of commercial losses, the deprivation of profit arising from the inability to charter the ship as a result of the collision can also be claimed within the scope of the lawsuit.
Unlike commercial loss, loss of value is a particularly noteworthy area of legal discussion. Regarding this issue, in the decision of the 11th Civil Chamber of the Court of Cassation No. E. 2019/5003, 2020/2890 K., the claim that the defendants are jointly and severally liable for the loss of value of the plaintiff’s yacht on the grounds that the yacht, which was damaged due to collision, suffered a loss of value as a result of the impact, was accepted, and the loss of value after repair was accepted as damage and evaluated within the scope of compensation. This approach is of great importance in terms of fully compensating the damages suffered by the yacht owners. This is because, even if repairs are made after the collision, an additional loss is also incurred due to the decrease in the market value of the watercraft. In practice, although there is no generally accepted calculation method for the calculation of the loss of value that may occur in watercraft as a result of collision, loss of value is calculated by expert witnesses based on various algorithms.
Apart from these, insurance and subrogation cases also have an important place in the legal evaluation of collision incidents. Pursuant to Article 1295 of the TCC, the liability of the owner is determined as limited liability. However, in practice, most yacht owners take out ‘Hull and Machinery Insurance’ and ‘Protection and Indemnity (P&I) Insurance’. These insurances play an important role in covering the damages arising from collision incidents. Insurance companies have the right of recourse to the at-fault party for the compensation they have paid and this right constitutes an important aspect of the collision cases.
In conclusion, the legal analysis of losses arising from yacht collision involves a multifaceted and complex process. In this process, the provisions of national and international legislation, judicial decisions, technical expert reports and insurance practices are evaluated together. In the legal assessment, it is aimed to determine a fair compensation by taking into account factors such as the fault ratios of the parties, the nature and extent of the damage, and the insurance status. The increasing importance of maritime collision cases increases the need for lawyers specialised in maritime law. In this context, our law firm specialises in maritime law, closely follows the developments in this field and provides the necessary services meticulously.
