A New Era Begins in Compulsory Traffic Insurance

A new regulation was made in traffic insurance. The new regulation on traffic insurance will enter into force as of June 1, 2015. A new regulation was brought to the General Conditions of Motor Vehicles Liability Insurance (Traffic Insurance) for Highways.

The new period begins in compulsory traffic insurance! Mandatory Traffic insurance new regulation 1 will enter into force on June 2015

A new regulation has been introduced to the General Conditions of Motor Vehicle Financial Liability Insurance. The arrangement made by the Undersecretariat of Treasury was published in the Official Gazette dated 14 May 2015.
The regulation on Compulsory Traffic Insurance will come into force on 1 June 2015.
The Undersecretariat of Treasury revised the general conditions for compulsory traffic insurance and set standards for insurance coverage types.

General Conditions of Highways Motor Vehicles Compulsory Liability Insurance was published in the Official Gazette. The general conditions governing the principles for compulsory traffic insurance will come into force on 1 June 2015.

According to the regulation, the insurer shall meet the claims for indemnities, the content of which is determined in the general conditions, within the framework of the legal liability of the insured, within the compulsory insurance limits valid as of the date of the accident, due to the death or injury of third parties or damage to something during the operation of the motor vehicle defined in the policy.

The scope of the insurance will be limited to the claims of the third parties that the insured may demand within the scope of the Highway Traffic Law.

Standard for collateral types

Under the general conditions, insurance coverage types were determined as "financial losses coverage", "health expenses coverage", "permanent disability coverage" and "support deprivation (death) coverage".

The “tangible damages guarantee” was defined as a reduction in the direct property of the beneficiary, including the depreciation of the damaged vehicle, defined in this general condition.

“Health expenses coverage” is defined as the coverage that includes all treatment costs, including prosthetic organ costs, to ensure that the third person recovers from the body due to a traffic accident. From the beginning of the treatment of the victim due to the accident, caregiver expenses incurred during the treatment until the victim receives a permanent disability report, other expenses related to the treatment and expenses related to the partial or complete decrease of the work force due to the traffic accident will be covered by the health expense coverage. Health expenses coverage will be the responsibility of the Social Security Institution and the liability of the insurance company and the assurance account due to the relevant coverage will expire in accordance with the provisions of article 2918 of the Highway Traffic Law No. 98.
“Permanent disability coverage” was defined as the collateral to be determined in accordance with the principles in general conditions in order to cover the financial losses that will be faced economically in the future due to the permanent disability of the third person. Carer expenses incurred after the victim's permanent disability rate is determined by the report due to the accident, will be evaluated within the scope of permanent disability coverage, provided that it is limited to these coverage limits.

While deficiency of support (death) coverage is defined as the compensation that will be determined in accordance with the principles attached to the general condition in order to meet the support losses of those who are deprived of the support of the deceased due to the death of the third person, the deceased person will be taken as basis in determining the amount of such compensation.

Conditions outside the guarantee

Except the insurance coverage, the cases were reorganized. Some of the arrangements added to the cases that are not covered by collateral are as follows:

“- Requests for support indemnities that are deprived of support, which are not covered by the insured's liability risk, and support indemnity claims that fall short of support, which fall under the liability risk of the insured, but corresponding to the defect of the support person,

- The terrorist acts specified in the Anti-Terrorism Law dated 12/4/1991 and numbered 3713 and the damages caused by the vehicles used in sabotage arising from these actions and the persons who knowing that the vehicle will be used or will be used in terrorist acts according to the Traffic Law No. 2918 their demands, the demands of those who use the vehicle in terrorism and related sabotage actions,

- Environmental damages related to the cleaning of land, groundwater, inland waters, sea and air due to motor vehicle accidents or the risk of contamination, transportation and disposal of collected wastes, and reconstruction of the environment deteriorated due to biodiversity, living resources and damage to natural life. leading demands,

- Compensation claims to be made due to reflection or indirect losses due to the damaging phenomenon such as loss of income, loss of profit, business stoppage and rent deprivation,

- Responsibilities regulated in the 2918th and 104th articles of the Law No. 105 (The situations covered by these articles are subject to compulsory financial liability insurance for this purpose)

- All expenses arising from criminal prosecution and administrative and judicial fines. ”
The policyholder's notice period has been increased from 5 days to 10 days. The insured shall notify the insurer of any incidents that may require liability in the event of the risk occurring, from the moment he / she becomes aware, to the insurer and notify the insurer immediately of the request.

The expression “original piece” instead of “new”

Under general conditions, "equivalent part" and "original part" are also defined.
In the event of damage, the damaged part will be replaced with the original if it is not possible to repair it or if it is not possible to replace the equivalent part or the original part obtained from the vehicles covered by the end of life legislation. Damaged parts of motor vehicles not exceeding 3 from the model year by date of the accident shall be replaced with the original part, if the repair is not possible, with the original, in the absence of the original part, the original part obtained from vehicles covered by equivalent or end-of-life vehicles legislation. However, in the case of the damaged part of the motor vehicle not exceeding 3 year starting from the model year, the original part obtained from the vehicles covered by the equivalent or expired vehicles legislation will be replaced. Even if an increase in the value of the vehicle occurs as a result of this application, this difference will not be deducted from the amount of compensation.

If it is possible to replace the original parts obtained from the vehicles covered by the equivalent or end-of-life legislation, if the original parts are repaired without the knowledge and approval of the insurer, then the liability of the insurer shall be The original parts obtained will be limited to the price.
The right holder may request that the vehicle be repaired at any repair center that meets the criteria set by the Undersecretariat of Treasury.

Repair costs

If the repair costs exceed the value of the damaged vehicle at the time of the occurrence of the risk and at the same time it is determined by the expert report that the vehicle has become unacceptable to repair, the vehicle will be deemed to have been fully damaged. In this case, the vehicle will be scrapped in accordance with the relevant legislation, the insurer will not be compensated without submitting the scrap registration certificate.

Recourse of compensation to the insured

The event subject to compensation was the result of a deliberate act or serious defect of the insured or the persons responsible for his actions, the result of the vehicle being shipped by persons who do not have the required driving license or the validity of the driver's license according to the provisions of the relevant legislation or whose license is temporarily or permanently seized or the traffic rules are violated. If the insurer, the insured will be able to recourse to the insured.

Arrangement of necessary documents for accident conditions such as accident report and alcohol report, except for cases where the insured or the person responsible for his / her actions are obliged to go to a health institution for treatment or aid, to leave the place due to safety of life in traffic accidents that cause physical damage. Acting against the obligation will also be among the reasons for the recourse of compensation to the insured.

The insured / insured will not be able to act after the conclusion of the contract without the permission of the insurer to increase the amount of compensation by aggravating the risk or the current situation.

If the insured/insurant or someone else with his/her consent takes actions that increase the probability of the risk to occur or aggravate the current situation, or if one of the issues that are clearly accepted as risk aggravation occurs when the contract is concluded, immediately, within 10 days at the latest from the date of learning if these transactions were made without his knowledge. notify the insurer. The insurer will warn the insured/insured person that the premium difference should be paid within 8 days from the moment he learns about the situation. The insured/insured shall pay the premium difference requested to the insurer within 8 days following the notification date of the warning.

According to Article 15 of the Regulation on Tariff Application Principles in Highways Motor Vehicles Compulsory Financial Liability Insurance, "Traffic Insurance Guide Tariff" which has been prepared for not having any bindingness and is recommended to be applied as of 01.01.2014.