Without investigating that the traffic accident occurred exclusively under the influence of alcohol, “the driver cannot be held responsible just because he is drunk.”
It is obligatory for the court to receive a report on this issue from the expert committee, including a neurologist and a traffic expert, and discuss this issue Decisively.
Again, the General Conditions of Traffic Insurance B.According to paragraph 4-d, in order for the Insurance Company to be able to pay the payments it makes to those who are harmed due to an accident caused by an alcoholic driver, “The accident must occur exclusively under the influence of alcohol.”
If another factor caused the accident even though the driver was drunk, the responsibility of the driver cannot be considered just because he was drunk. The Precedent Decision of the Court of Cassation on this issue is presented in the appendix.
Supreme Court 17.HD. 12/04/2012 day, 2011/6139 Based on 2012/4605 Decision
The plaintiff’s attorney, in the original and combined file, claimed that compensation was paid to the people injured in the accident that occurred during the alcoholic use of the traffic insured vehicle before his client, and requested that TL 51,054.00 be decided to collect TL 51,054.00 in the original file and TL 2,886.00 in the combined file be decided from the defendant and sued.
The defendant’s attorney defended the dismissal of the case.
According to the claim, defense and expert report adopted by the court, it was decided to partially accept the case, collect 40.843,20 TL from the defendant in the original case and 2.308,80 TL in the combined case, the verdict was decided to collect from the defendant, the verdict was appealed by the defendant’s attorney.
1- According to the articles in the file, the evidence on which the decision is based, the compelling reasons and the absence of an error in the evaluation of the evidence, it was necessary to reject the other appeals of the defendant’s attorney, which are outside the scope of the following paragraph.
2- Lawsuit traffic compulsory financial liability is related to the claim for the collection of the compensation paid by the traffic insurer to those who were harmed out of the case. Traffic Insurance General Conditions B.in the 4d paragraph, it is regulated that the payment paid by the insurer to the victims due to the damage caused after the accident caused by the driver’s alcoholic intoxication can be recourse from the insurer. However, in order for the recourse condition to occur, alcohol must be the cause of the accident exclusively. In the concrete incident, it is understood that the driver of the non-case vehicle was drunk. According to the report to be received from the expert panel, including a neurologist and a traffic expert, according to the court, the proportion of alcohol taken by the driver is not directly effective on the result, it was not considered correct to establish a Decriminalization on whether the accident occurred exclusively under the influence of alcohol.
3- According to the acceptance, the amount of compensation that can be recourse to can only be as much as the actual damage of those who have been harmed. The defendant argued that the passengers injured in the accident were transported for memory.Since the memory transports are not in exchange for a benefit, BK in such transports.nun 43.in accordance with the article, an appropriate reduction in compensation is adopted and settled both in the teaching and in the Case Law of the Court of Cassation. In this respect, focusing on this defense, it was also not considered correct for the court to decide whether the transportation was for memory, the proximity of the parties, if any, whose desire and for what purpose the transportation was carried out for memory, that is, without taking into account the special circumstances of the incident, without investigating and discussing it.
4- In addition, the defendant argued that the injured persons were mutually defective.In the event that it is accepted that the damaged ones are mutually defective, it should be decided to collect the amount that will be found as a result of the discount to be made at discretion from the actual damage determined from the defendant. However, it is not understood that the compensation awarded by the court is determined on the basis of which amount of compensation and at which rate a discount is made. The decision had to be overturned in this direction as well.
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