There is an event that takes place all over the world in almost every second of our lives, and that is traffic accidents.
Traffic accidents are a kind of tortious act and bring with it legal responsibility. This legal responsibility is strict liability in traffic accidents and takes its basis from the Highway Traffic Law.
The first question that comes to people’s minds when talking about an accident has always been the same: What will I do after the accident and how will I compensate for my damage? So what can be done after the accident? It would be best to answer this first.
In case of accident;* In the event of an accident, first of all, necessary security measures should be taken in a cold-blooded manner and the relevant persons such as the police and ambulance should be called to the scene immediately by calling numbers such as 122,154, 155, 156.
* Detection of driver faults in traffic accidents and cases considered as essential faults are regulated in article 84 of the same law. In addition, after the entry into force of the TCK No. 5237, the defect rate is not specified in the “Accident Detection Report” issued by the traffic law enforcement for traffic accidents, only “essential and other faults” are stated. This practice has made “court decision” or “expert report” mandatory after each accident for the determination of the defect rate. According to the report prepared by the law enforcement and the report prepared by the expert, and taking into account the explanations regarding the determination of which traffic rule violated by the people involved in the accident, the rates of fault in terms of criminal law responsibilities will be determined by the court. Accordingly, in the event of an accident, words such as ‘you are at fault’, ‘why did you make that mistake’ should not be used. Because the defect will be determined by the relevant parties and the insurance company will make the payment. This discussion is unnecessary.
* You can only apply to your insurance company with the required documents by filling out the report given with the traffic insurance policy in case of traffic accidents with material damage. However, since fatal and injury accidents are also related to criminal law, the parties cannot come to an agreement among themselves. The basis of what we have said on this subject is the 81-84 of the Highway Traffic Law on traffic accidents. Articles 152-157 of the Highway Traffic Regulations. It constitutes the items. In Article 81, in accidents where material damage occurs, all persons involved in the accident may leave the accident site if they do not find it necessary for the authorized person to come, by determining this in writing among them. Drivers who leave the scene out of necessity without obtaining the permission of the police or who do not comply with the provisions of subparagraph (b) of the first paragraph are punished with a fine in traffic accidents with material damage, death or injury, except in the case of agreement.
* In case of driving without a license and drunk, the parties should not issue a report among themselves and should call the traffic police to the scene, even if there is an accident with material damage.
* The nearest traffic team should be called and an accident report should be prepared before the vehicles are moved. In this process, all details should be conveyed to the person who prepared the report and written in the minutes. If there is a situation that is not persuasive in this regard, the report should not be signed.
*The driver’s license of the opposite vehicle driver, the vehicle’s traffic document-vehicle license- and compulsory traffic insurance information must be provided. (If possible, before the accident occurs, photocopying will not be done during the accident if each vehicle owner has a copy of these documents, which will be needed in the event of an accident. In such cases, these documents can be photographed with a mobile phone.)
* If possible, the vehicles should be photographed from various angles at the accident scene and even the surroundings of the accident scene should be photographed. For example, the location of a vehicle that caused the incident and is behind may also be important for the defect.
* The insurer of the other vehicle must be notified within 5 days, and the address of the damaged vehicle must be reported.
The principle of strict liability is valid in traffic accidents, and the provisions of the Code of Obligations regarding tortious acts, according to the KTK, apply in the form and scope of financial compensation. The damage that will occur after the accident may be material, i.e. actual damage, as well as the loss of profit. In addition to all these, there is an interest receivable in addition to the main receivable. Interest starts from the date of the event for the receivables arising from the tortious act. An action for compensation should also be filed in the Civil Court of First Instance for moral compensation and loss of support. Get help from your lawyer in this regard.
A number of measures have been taken to protect the rights and interests of citizens after the accident. These are Compulsory liability insurance, discretionary liability insurance, automobile insurance, etc.
TRAFFIC INSURANCE (Mandatory Liability Insurance): It is there to provide damages to third parties due to traffic accident. It only covers material damages. Moral damage is not covered by insurance. The material damage covered by the insurance may be related to the person or to the goods. If the damage is related to material damage, repair (spare parts and labor) expenses are included in the compensation. In case of personal injury, first aid examination and control or treatment expenses in outpatient clinics, hospitals or similar places and other expenses related to treatment due to injury are covered by the insurance coverage.
In accidents resulting in death, the damage consists of burial expenses and the loss of those who are deprived of their support. In an accident with material damage; The damage notification period is 5 days. However, this period may be exceeded in order to obtain court expert determination report, court indemnity and criminal case decisions. However, this period should not exceed 2 years.
DISCLAIMER FINANCIAL LIABILITY INSURANCE: It is an insurance contract that guarantees the legal liability of the motor vehicle operator, which is formed in accordance with the KTK and general provisions due to the operation of this vehicle, and which is outside the terms of Traffic Insurance (Mandatory Liability Insurance), up to the maximum limits written in the insurance policy. This insurance is additionally provided by the operators who do not find the guarantee of Traffıc Insurance(Mandatory Liability Insurance) sufficient. The legal source of this insurance is the relevant articles of the KTK and the general provisions of the TCC. This insurance also aims to cover real damage as above. The starting point of the coverage of this insurance is the portion above the limit of the above insurance.
AUTOMOBILE INSURANCE: It is a property insurance product that aims to cover the damage to the motor vehicle of the insured due to the risk incurred. The subject of this insurance is to guarantee the material damages incurred as a result of the accident. The collision of a fixed or moving object as a result of sudden and external effects to the vehicle, or the burning, theft or attempted theft of the vehicle are within the scope of this type of insurance. This insurance is valid within the borders of Turkey. The insured has to notify the insurer within 5 working days at the latest after learning that the risk has occurred. After the insurance compensation is determined according to the event, the insurer is obliged to pay this amount. If the parties agree on the insurance indemnity, the receivable becomes due on that date and the insurer defaults on that date. In addition, the insurance receivable becomes due on the notification date and the same date should be taken as basis at the beginning of the interest. In practice, vehicle services generally work in conjunction with insurance companies, and when the vehicle is in an accident and brought to the service, the insurance adjuster sees the vehicle and determines what the insurance should take out, and the insurance notification is made by the service.
