Applying for Insurance According to the Highway Traffic Law

As understood from the definitions section of Article 3 of the Highway Traffic Law No. 2918, an incident involving one or more vehicles traveling on a highway that results in death, injury, or damage is considered a traffic accident. As a result of the changes made to the law, in the event of such an incident, the injured party should first apply to their insurance company instead of directly pursuing legal action.

 The initial procedure to be followed following a traffic accident is regulated in Article 97 of the Turkish Traffic Law. According to this article, the injured party must submit a written application to the insurance company, and then, upon receiving a response from the company within 15 days, pursue legal action. In other words, only if a written response is not received from the insurance company within 15 days, or if the response reveals a discrepancy between the claim and the actual damages, can the injured party pursue legal action.

 The documents required for an insurance claim will vary depending on the outcome of the traffic accident. Submission of these documents is essential for filing compensation claims.

1. If the traffic accident resulted in death

Documents required to be submitted with the application according to Annex 6 of the General Terms and Conditions for Compulsory Motor Vehicle Liability Insurance (KZMSSGŞ):

• Accident report
• Certificate of Inheritance
• Current official population registration record
• Wage statement for the victim covering the last 3 months
• Bank account information of the rights holder
• Death certificate, Public Prosecutor's Indictment/Decision of Non-Prosecution, documents showing the deceased's profession and income, and documents related to funeral expenses if requested[1]
• If the traffic accident resulted in injury (bodily harm)

According to KZMSSGŞ Annex 6, the following documents must be submitted:

• Accident report
• Wage statement for the victim covering the last 3 months
• Bank account information of the rights holder
• Identity information of the rights holder
• According to the Regulation on Disability Criteria, Classification and Health Board Reports to be Issued to Disabled Persons, a health board report is issued
• Indictment/dismissal decision, document showing professional income[2]
• If the vehicle is damaged as a result of a traffic accident (economic loss)

The required documents are as follows:

• Accident report
• If the rights holder is a legal entity, then a signature circular is required
• If the rights holder is a natural person, their identity information..
• Bank account information of the rights holder
• Photocopy of the vehicle registration certificate, photocopy of the driver's license of the person driving the vehicle at the time of the accident, photographs of the damaged vehicle if available, and expert report if a damage assessment has been carried out[3]

In conclusion, according to the Highway Traffic Law, in cases of traffic accidents resulting in damage or death, the rights holder must first apply to the insurance company, rather than pursuing legal action, to pursue their claims under the mandatory financial liability insurance stipulated in Article 91 of the aforementioned law. Therefore, applying to the insurance company constitutes a "prerequisite for litigation.".

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[1] Nisa Nur Odabaşı Anşin, Legal Responsibility of the Insurer within the Scope of the Highway Traffic Law, Master's Thesis, Atatürk University, 2019, p.94.

[2] Age, p.95

[3] Age, p.95.