THE PROCESS OF APPLYING TO INSURANCE COMPANIES IN CASE OF TRAFFIC ACCIDENTS

The Process of Applying to Insurance Companies in Traffic Accidents

Traffic accidents are a sad reality of daily life, and many people encounter such events. Applying to insurance companies after a traffic accident is an important step to take in order to receive compensation for damages.

I. Traffic Accidents and the Role of Insurance Companies

Traffic accidents can occur for various reasons and may result in property damage, injury, or death. Insurance companies play a crucial role in compensating victims for their losses following accidents. In Türkiye, traffic insurance is mandatory, and the Highway Traffic Law (Law No. 2918) contains regulations on this matter.

II. Types of Motor Vehicle Insurance

There are two main types of insurance to apply for after a traffic accident: Compulsory Traffic Insurance and Comprehensive Motor Insurance (Kasko).

Compulsory Motor Vehicle Insurance: This insurance, which is mandatory for every motor vehicle owner in Turkey, covers damages caused to third parties. Article 91 of the Highway Traffic Law No. 2918 defines the scope and obligation of compulsory motor vehicle insurance.

Comprehensive Car Insurance: This insurance covers damages to the vehicle owner's own vehicle. It is taken out in addition to mandatory traffic insurance and is optional.

III. First Steps Following a Traffic Accident

There are several steps that should be taken immediately after a traffic accident:

Preparing an Accident Report: Police should be called to the scene of the accident and an accident report should be prepared. If the police cannot be called, an agreed-upon accident report should be prepared between the parties involved.

Photography: Photographs of the accident scene and the vehicles should be taken. This is important for the insurance company to assess the damage.

Medical Checks: In case of injury, seek medical attention immediately. Keep records of the treatment process.

IV. The Insurance Company Application Process

The steps to follow when contacting your insurance company after a traffic accident are detailed below:

Application Period: There is a specific time limit for claiming damage compensation under mandatory traffic insurance. Article 97 of the Highway Traffic Law No. 2918 stipulates that the application period to the insurance company must be 5 business days from the date of the accident.

Required Documents: The following documents are required when applying to the insurance company:

• Accident report
• Driver's licenses
• Vehicle registration
• Damage assessment report
• Invoices for medical expenses

Writing the Application: An application letter must be prepared for the insurance company. This letter should detail the date and location of the accident, how the accident occurred, the damage to the vehicle, and the amount of compensation requested.

Inspection Report: Following an accident, the insurance company prepares an inspection report. This report is used to determine the extent of the damage and the amount of compensation.

V. Insurance Company's Evaluation Process

The insurance company will evaluate the claim within a certain period after it is submitted. According to Article 99 of the Highway Traffic Law No. 2918, the insurance company is obligated to pay compensation within 15 days of the claim. However, this period may vary depending on the extent of the damage and the insurance company's internal procedures.

Expert Inspection: An expert appointed by the insurance company inspects the vehicle's damage on-site and prepares a report. This report plays a crucial role in determining the amount of compensation the insurance company will pay.

Compensation Calculation: The insurance company determines the amount of compensation by evaluating the expert report. This calculation takes into account the extent of the damage to the vehicle, the vehicle's value, and the policy coverage.

VI. Payment of Compensation

The insurance company will process the claim after the assessment process. Compensation is usually paid via bank transfer. However, if services contracted with the insurance company are used, payment can be made directly to the service provider.

Payment Period: After determining the compensation amount, the insurance company is obligated to make the payment within a specific period. This period is stated in the insurance policy and generally ranges from 15 to 30 days.

VII. Procedures to Follow in Case of Insurance Company Refusal

When the insurance company rejects the claim or finds the compensation amount insufficient, there are some legal avenues that can be pursued:

Appeal: The insurance company's decision can be appealed. In this case, a written appeal must be submitted to the insurance company.

Arbitration: You can apply to the Insurance Arbitration Commission. The arbitration process is a faster and less costly solution.

Court: If the insurance company's decision is not accepted, a lawsuit can be filed with the consumer court.

VIII. Legal Support and Advocacy Services

Seeking legal assistance during the process of filing claims with insurance companies following traffic accidents ensures a faster and smoother process. Lawyers specializing in traffic accident cases play a crucial role in preparing the necessary documents, submitting the application, and communicating with the insurance company.

Legal Fees: Legal services require a fee. This fee varies depending on the agreement with the lawyer. Some lawyers may charge a percentage of the compensation amount.

IX. The Importance of the Application Process to the Insurance Company in Traffic Accidents

The process of filing claims with insurance companies following traffic accidents is crucial for ensuring victims receive compensation for their losses. Conducting this process correctly and completely is critical for protecting the victim's rights. Furthermore, seeking legal support can expedite the process and prevent potential problems.

Relevant Supreme Court Decision

4th Civil Chamber, Case No. 2021/9349 E., Decision No. 2022/3671 K.

 

"Case Law Text"

COURT: Commercial Court

In this specific case, the accident report stated: insured The driver of the other vehicle was found primarily at fault for failing to yield the right of way at the intersection and for driving under the influence of alcohol, while the driver of the other vehicle was found secondarily at fault for failing to reduce speed while approaching the intersection.
Insurance The Arbitration Commission's Dispute Resolution Panel determined that the driver of the vehicle owned by the plaintiff was 75% at fault and the driver of the other vehicle was 25% at fault for the accident insured It was stated that the accident did not occur solely due to the driver being under the influence of alcohol, and the claim was partially accepted, with the defendant being ordered to pay 105,000.00 TL in damages insurance from the company It was decided that the amount should be collected, and as a result of the objections of the plaintiff and the defendant's attorney, the Appeals Arbitration Board decided on the matter of the accident insured It was accepted that the compensation claim under Article 48 of Law No. 2918 is not covered by the insurance policy due to the driver being under the influence of alcohol application The decision was made to reject it.
During the accident insured Even if the driver is found to be under the influence of alcohol, in light of the principles explained above, the driver's intoxication alone does not automatically exclude the damage from coverage. The accident must have occurred solely due to the influence of alcohol, with no other contributing factors.
From the case file and the accident report, it is understood that the driver of the plaintiff's vehicle did not solely cause the accident, and that the other driver involved in the incident had a secondary degree of fault (25%), therefore the accident did not occur solely due to the influence of alcohol. Accordingly, the Arbitration Board should accept that the claim is outside the scope of the insurance coverage application The decision to reject the appeal was incorrect, and therefore the ruling must be overturned.
CONCLUSION: For the reasons explained above, it was unanimously decided on 01/03/2022 to accept the appellant's appeal and to OVERTURN the decision of the Appeals Arbitration Board, and to return the advance court fee to the appellant upon request.

X. Result

The process of applying to insurance companies after a traffic accident requires careful and meticulous attention. This article details the steps to take after an accident, the application process to the insurance company, and the necessary documents. It also provides information on the insurance company's assessment process, compensation payments, and legal avenues. To avoid losing your rights after a traffic accident, seeking legal support from an expert lawyer will ensure a smooth and swift process.

 

Student Intern

Behiye Zeynep Ozturk