Compulsory Traffic Insurance and Traffic Accident Compensation
Compulsory liability insurance secures, within the coverage limits on the date of the accident, the damage caused to third parties by the operation of a motor vehicle that falls within the policy and the legislation. Whether a claim can be directed at the driver, operator, vehicle owner, insurer, voluntary liability insurer, the Guarantee Account or another responsible party is determined by the loss item.
Our work in this area:
- Vehicle repair cost and property damage
- Vehicle diminished value
- Heavy damage and total loss disputes
- Permanent or temporary bodily injury claims
- Loss of working capacity and loss of earnings allegations
- Compensation for loss of support in the event of death
- Fault ratio, causation, contributory negligence and defenses of carriage out of courtesy
- Allocating treatment and health expenses to the responsible institution or person
- Voluntary liability insurance and additional coverages
- Preliminary application to the insurer, arbitration, mediation and litigation
- Guarantee Account and foreign-plated vehicle processes
- The insurer’s recourse claims against the insured or the responsible person
Compulsory traffic insurance does not cover all loss items. For non-pecuniary damages, deprivation or loss of use of the vehicle, loss of earnings, indirect losses and the portion exceeding the policy limit, the responsible person, the voluntary liability policy and the additional coverages in the policy are examined separately. As regards health expenses, the special rules in the Highway Traffic Law and in social security legislation are also taken into account.
Related practice areas: Traffic Accident Compensation and Compulsory Traffic Insurance; Vehicle Diminished Value and Kasko Disputes
Vehicle Diminished Value, Kasko and Total Loss Disputes
Vehicle diminished value is the reduction in the second-hand market value that is claimed to arise from the accident history even though the vehicle has been repaired. Repair cost, diminished value and loss of use of the vehicle are not the same concept. The addressee, scope and calculation method of each claim are assessed separately.
Our work in kasko and motor vehicle insurance:
- Repair method, quality of parts and service disputes
- Appointment of the appraiser and objection to the damage report
- Vehicle diminished value and counter-appraisal review
- Heavy damage, total-loss decision, market value and salvage
- Damage from theft, fire, flood, hail and natural disasters
- Denials relating to the key, driver, purpose of use and security measures
- Allegations of driving under the influence, license, racing, commercial use and aggravation of the risk
- Replacement vehicle, loss of use and additional service coverages
- No-claims discount and policy renewal disputes
- The kasko insurer’s recourse claims
Foreign-Plated Vehicles, the Green Card and International Traffic Losses
In an accident in Türkiye involving a foreign-plated vehicle, the following are examined: whether the Green Card was valid on the date of the accident, whether coverage for Türkiye is open, the foreign insurer, the correspondent in Türkiye, the Motor Vehicles Bureau of Türkiye (Türkiye Motorlu Taşıt Bürosu), border insurance and the type of loss. In an accident abroad involving a Türkiye-plated vehicle, the law of the country where the event occurred, the Green Card system, the claims representative, the competent bureau and foreign documents matter.
In these files, the accident report, the policy or Green Card certificate, the registration, the driver’s license, photographs, medical records and the foreign insurer’s details should be obtained at the time of the event to the extent possible. The governing law, jurisdiction, documents in a foreign language, translation, notification, exchange rate and compensation calculation are assessed separately.
Guarantee Account Claims
The Guarantee Account (Güvence Hesabı) offers the possibility of applying, under the conditions set out in the law, for certain losses within the scope of compulsory insurance coverage. Cases such as an uninsured vehicle, cancellation of the insurer’s license or its financial condition, or the vehicle or the insured not being identified are not all within the same scope. In accidents caused by a vehicle whose identity cannot be determined in particular, there may be a difference between claims for property damage and claims for bodily injury.
Before applying, the following are examined: whether the event falls within the scope of the Account, the type of compulsory insurance, the loss item, the coverage limit, fault, entitlement and the necessary documents. In the Guarantee Account’s recourse claims against responsible persons after payment, the scope of the payment and the conditions of recourse are also assessed.
Separate the Loss Items and the Right Counterparty
Repair cost, diminished value and loss of use of the vehicle are different claims. The coverage and claim conditions are not the same for kasko, compulsory traffic insurance and the responsible person. Non-pecuniary damage or loss of use cannot be presented as an item that will be paid automatically under a compulsory traffic policy.
Foreign plate and uninsured vehicle
The validity of the Green Card document for Türkiye, the date of the accident and the correspondent’s details are investigated. The Green Card is not a kasko policy that covers damage to your own vehicle. In an application to the Guarantee Account, bodily injury is separated from property damage and from special situations such as the insurer’s bankruptcy; not every uninsured-vehicle loss is within scope.