Traffic accidents are a fact of life and can happen to anyone at any time. When such an event occurs, the most important assurance mechanism to cover the damages incurred under the responsibility of the vehicle owner involved in the accident is compulsory traffic insurance. However, in some cases, insurance companies may refrain from covering the damage or the payment made may not be sufficient to cover the damage suffered. In such cases, a claim is inevitable.
What is Compulsory Traffic Insurance?
Compulsory traffic insurance is a type of insurance that motor vehicle owners are obliged to take out and covers damages caused to third parties. This insurance, which is valid for every vehicle on the road, aims to cover the damages that arise as a result of an accident in which the vehicle owner is at fault, within certain limits.
This type of insurance only covers damage to third parties; it does not apply to damage caused by the owner or his/her own vehicle.
Traffic Insurance Coverage
Compulsory traffic insurance provides services within the framework of the guarantees determined by the Association of Turkish Insurance and Reinsurance Companies. The main guarantees can be listed as follows:
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Property Damage Coverage: Covers damages to vehicles, buildings or property belonging to third parties.
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Medical Expenses Coverage: Treatment costs of people injured in accidents are covered under this coverage.
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Permanent Disability Coverage: It is activated in cases of permanent bodily harm.
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Death Coverage: Provides compensation to the relatives of the person who lost his/her life in a traffic accident.
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Compensation for Deprivation of Support: Paid to the dependents of the deceased person.
Each collateral has certain annual upper limits, which are updated annually by the Ministry of Treasury and Finance.
What happens if the insurance company does not pay?
In some cases, the insurance company may refuse to pay , claiming that the accident was not covered by the policy. Common grounds include:
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The driver is intoxicated or has no driver’s license,
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The accident was intentional,
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Failure to notify on time,
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Applying with incomplete or incorrect documents.
In such cases, a person can take legal action against the insurance company’s rejection. If necessary, it is possible to apply to the court for compensation. It is important to get professional support in this process in order to prevent loss of time and rights. We provide legal support to our clients at every stage of the process.
Litigation Process
The remedies against the insurance company’s failure to pay compensation can be summarized as follows:
Application to the Insurance Arbitration Commission
In case of disputes with the insurance company, you can apply for arbitration, which is a fast and low-cost solution. In this process, decisions are usually finalized within 4-6 months and are binding.
Filing a Lawsuit at the Consumer Court
It is also possible to apply directly to the Consumer Courtinstead of arbitration. In this case, it is important to submit all documents relating to the accident and the damage in full.
Preparation of Evidence and Documents
During the litigation process, all documents such as accident reports, medical reports, expert reports and insurance policies must be submitted to the court.
Which Situations are Excluded from Coverage?
There are some situations not covered by compulsory traffic insurance. These are
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Damages to the owner’s own vehicle,
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Intentional causation of the accident,
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The use ofthe vehicle in racing,
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Drivingthe vehicle without insurance.
In such cases, damages can only be covered by additional coverage such as motor insurance.
Compulsory traffic insurance offers a great assurance in terms of covering the damages caused to third parties after accidents. However, disputes in practice and arbitrary rejection decisions of insurance companies may cause people to be victimized.
At this point, knowing your rights and managing the legal process correctly will help you avoid both financial and moral losses. Working with an experienced lawyer accelerates the process and increases the chances of a successful outcome.
Contact Us
If you have been victimized by compulsory traffic insurance or if the insurance company has refused to pay, we can determine the right legal steps for you together.
You can contact us to seek your rights and get professional support after a traffic accident.
