In traffic accidents that lead to material damage, the parties may arrange accident minutes between themselves.Dec. In case the parties cannot agree on the preparation of the accident report, assistance may be requested from the traffic police. Failure to issue an accident report in traffic accidents with material damage may make it difficult to make a claim from mandatory traffic insurance or discretionary insurance to repair the damage, or to ensure that the vehicle is registered.
To briefly explain the concepts of “compulsory traffic insurance” and “optional insurance (car insurance)” in this section; Compulsory traffic insurance is an insurance that is mandatory for every car owner and guarantees physical and material damages that can be given to the other party in case of damage. Vehicles that do not have mandatory traffic insurance are prohibited from entering traffic.
TEMPORARY INSURANCE (CASCO)
Optional insurance (casco) aims to cover the damages that may occur in the insured’s vehicle. Damage, burning, theft of the vehicle against the will of the insured, etc. in cases, it is done in order to ensure that compensation is paid to the insured. For this reason, car insurance covers the damage caused to the insured’s vehicle, not the damage caused to the other vehicle.
In accordance with the Highway Traffic Law, both the driver who caused the damage and the owner of the business to which the vehicle is connected, if any, are jointly and severally responsible for the loss of value. In addition, the compulsory insurer of the vehicle and the voluntary insurer, if any, will be responsible for the part exceeding the liability. (Balci-Tokbaş-Demirağ, Vehicle Depreciation with Questions, p. 40) In accordance with Article 86/1 of the Highway Traffic Code; “The owner of the enterprise to which the operator or the vehicle operator is affiliated shall be relieved of liability if he proves that the accident was caused by force majeure or by the serious defect of the injured person or a third party without fault. The absence of a defect in the vehicle that affects the accident and the actions of himself or the people he is held responsible for.”
According to this provision, if the owner of the enterprise to which the operator or the vehicle operator is affiliated can prove that the link of law has been severed due to force majeure, theft or abduction of the vehicle, without the serious fault of the injured person, he will be relieved of liability in the event of the fault of a third party or operator. Otherwise, the operator and the owner of the enterprise to which the vehicle operator is affiliated are perfectly responsible in accordance with the provision of TBK71, since they are responsible according to the principle of hazard.(Supreme Court 17.HD. 2016) /7008 E. 2016/11431 K.) In these cases, where the operator and the business owner are not held responsible, the insurer will not be responsible.
On the other hand, the driver and his assistants are subject to defect liability, not hazard liability. In this case, the driver and his assistants must be defective in order to be held responsible for the loss of value of the vehicle. However, the operator is responsible if the accident is not caused by the driver and is caused by a technical fault. Because the operator is responsible for regular maintenance and repair of the vehicle.
In practice, accidental damages are covered by insurance companies. In traffic accidents with material damage in which vehicle depreciation is involved, in order for the owner of the damaged vehicle to make a claim in this direction, the other party in the accident must be defective and the loss of value in the vehicle must have occurred. This context, in order for the vehicle to suffer a loss of value, the part that has been damaged and repaired as a result of an accident must not have been repaired before. For this reason, replacing or repairing a part that has changed as a result of a previous accident will not cause a loss of value in the vehicle.
While the loss of value in the vehicle is covered by compulsory traffic insurance, optional insurance (casco) usually does not cover the loss of value or offers it as an additional guarantee. Oct. In this context, in cases where the claim is for optional insurance, the application is either rejected by the insurance company depending on the concrete event, or the application is accepted if additional coverage is obtained or evaluated within the scope of coverage. Oct. In cases where the other party is more defective, the damage is covered by its own insurance.
CONTACT THE INSURANCE COMPANY, FILE A LAWSUIT?
A person who experiences a loss of value in his vehicle as a result of an accident will be able to claim compensation from the insurance company with a report that detects the loss of value of the vehicle and explains the loss of value of the vehicle. But should he contact the insurance company first or file a lawsuit?
97 of the Highway Traffic Law No. 2918. Article; “The person who has suffered damage must submit a written application to the relevant insurance institution before filing a lawsuit within the limits provided for in compulsory financial liability insurance. If the insurance company does not respond to the application in writing no later than 15 days from the date of application, or if there is a dispute that the answer provided does not meet the request, the injured party may file a lawsuit or arbitration is resorted to within the framework of Law 5684.” Based on this provision, insurance companies claim that lawsuits filed without recourse to the insurance company should be rejected in terms of procedure.
However, the notification of the lawsuit petition to the insurance company is also an application. Therefore, if the defendant insurance company responds in writing within 15 days from the date of receipt of the lawsuit petition or submits the lawsuit petition to him, 331 of the Civil Procedure Law No. 6100. according to the article, he has the right to request the dismissal of the case. A payoff that will not lead to a dispute. In this case, the lawsuit will be dismissed and the defendant insurance company will not be charged for trial expenses because it did not cause the lawsuit to be filed. However, unlike filing a lawsuit, arbitration cannot be applied without contacting the insurance company.(Balcı-Tokbaş-Demirağ, ”Vehicle Depreciation with Questions”, p. 34)
As a result of the application to the insurance company C.in case of disagreement according to the 7th judgment. In the General Terms and Conditions of Compulsory Financial Liability Insurance for Motor Vehicles, which entered into force on June 1, 2015, “An application may also be made to the Insurance Arbitration Commission for the settlement of a dispute.” If arbitration is applied for, it will not be possible to file a lawsuit until the arbitration commission decision. However, a lawsuit can be filed directly without resorting to arbitration due to a dispute.
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