Mediation and Liability in Disputes Arising from Traffic Accidents

Mandatory Mediation – A Condition for Filing a Lawsuit

In disputes falling within the jurisdiction of commercial courts and involving insurance companies, recourse to mediation before filing a lawsuit has become a prerequisite. However, the parties are free to apply to a mediator, continue the process, conclude it, or withdraw from it.

If it is determined that a lawsuit has been filed without first resorting to mediation, the case will be dismissed procedurally due to the lack of a prerequisite for filing a lawsuit, without any further action being taken.

Liability for Compensation

Article 85 of the Highway Traffic Law states : "If the operation of a motor vehicle causes death or injury to a person or damage to property, and if the motor vehicle is operated under the name or business name of an enterprise or with a ticket issued by such an enterprise, the operator of the motor vehicle and the owner of the enterprise to which it belongs shall be jointly and severally liable for the resulting damage."

Article 88 of the Highway Traffic Law states : "In accidents involving motor vehicles, if more than one person is liable for compensation for damages suffered by a third party, they shall be held jointly and severally liable."

In compensation claims arising from traffic accidents, the compulsory motor insurance policy of the vehicle belonging to the at-fault party is obligated to jointly and severally pay for the material damages resulting from the accident together with the insured party involved in the accident. The insurance company's liability is limited to the amount stated in its policy.

Types of Coverage Included in Compulsory Financial Liability Insurance

• • Insurance coverage for property damages
  • Health insurance coverage
  • Permanent disability coverage

In compensation payments, if the relevant healthcare providers' documents regarding the traffic accident contain a finding of causality , the burden of proof to disprove this finding rests with the insurance company

• • Loss of support (Death) insurance

Exclusions from Compulsory Financial Liability Insurance Coverage

• • Damage caused by vehicles that are not in operation
  • Damages resulting from the rights holder's own fault
  • Compensation claims not covered under liability risk
  • Damage to the property of the insured's spouse, adopted child, or sibling with whom they live
  • Damages incurred due to items transported in luggage and trailers
  • Moral compensation
  • Damages incurred by those who drive stolen or hijacked vehicles and by the hijackers
  • Consequential or indirect damages arising from a damaging event such as loss of income, loss of profit, business interruption, and loss of rent

ZMSS Insurer's Right of Recourse

If the insured,

• • Intentional or grossly negligent act
  • Driving without a license
  • Under the influence of drugs or alcohol
  • Transportation carried out without a passenger transport license
  • In case of theft or robbery, the fault of the insured
  • The insured's failure to comply with the obligation to prepare the necessary documentation constitutes leaving the scene of the incident

It has been accepted that if the aforementioned circumstances are determined, the insurer may seek recourse from the insured for the amount of the damage.

If it is established that the risk occurred as a result of the accident, the insurer must prove that the risk occurred in different ways. The insurance company must prove with concrete evidence that the damage is not covered by the policy, that the event occurred as they claim, not as reported by the insured, and that this manner of occurrence falls under the exclusions from coverage.

Death of Supporting Spouse

In the event of the death of a spouse who provided support as a result of a traffic accident, the surviving spouse may claim a suitable amount of compensation for loss of support. In our legal system, consequential damages are not generally accepted as liability. However, this special regulation ensures that the surviving spouse suffers consequential damages as a result of a wrongful act, and that compensation for consequential damages is guaranteed in accordance with the law and equity.

Therefore, if the supporting spouse remarries, they can receive compensation until the date of their marriage.

Leaving the vehicle for sale

Although the principle that vehicle owners are legally responsible for the damages caused by vehicles involved in an accident has been adopted, if the right to use the vehicle is transferred to another person for any reason, and thus the actual control over the vehicle ceases and the possibility of economic benefit from it also ends, then the person who had actual control of the vehicle and benefited from it economically at the time of the accident should be held responsible for the damages as the operator, and the vehicle owner should not be held liable.

Both in legal doctrine and in the practice of the Supreme Court, determining the status of operator requires the simultaneous presence of actual control over the vehicle and economic benefit from it, and the actual control must have been sustained for a long period.

However, the evidence presented in this regard must be binding and strong enough to affect third parties, and it must not create a situation that would prejudice the rights of those who have suffered harm.

For more information on this matter, you can consult with our firm's experienced lawyers.

 

Trainee Lawyer Hamdi Berk CAN