Mandatory Financial Liability Insurance and the Insurer’s Obligation to Compensate for Bodily Injuries
I. INTRODUCTION
Insurance law is the branch of law that examines the rights and obligations arising from the contract between the insured and the insurer, i.e., the insurance policy. An insurance contract is an agreement in which the insurer, in exchange for a premium, undertakes to compensate for a loss or damage caused by a risk that threatens a person’s financial interest, which can be measured in monetary terms, or to make a payment or perform other actions due to certain events during the life of one or more persons.[1] The insurer is responsible for the damage or cost resulting from the occurrence of the risk specified in the contract.[2]
Under Turkish Commercial Code No. 6102, insurance types are divided into two categories: damage insurance and life insurance. Damage insurance is further subdivided into property insurance and liability insurance. In this article, we will examine the insurer’s obligation to compensate for bodily injuries within the scope of mandatory financial liability insurance, a type of liability insurance.
Damages arising from the violation of physical integrity are considered personal damages and are referred to as bodily injuries. The violation of physical integrity can occur either as a violation of the person's bodily integrity or as a violation of their mental integrity.[3] Bodily injuries are listed in Article 54 of the Turkish Code of Obligations No. 6098 (“TCO”) as follows: “Bodily injuries particularly include the following: medical expenses, loss of earnings, losses resulting from the decrease or loss of working capacity, and losses arising from the disruption of economic future.” Furthermore, Article 55 of the same law outlines how bodily injuries are to be determined. According to Article 55/1 of the Turkish Code of Obligations, damages for loss of support and bodily injuries are calculated in accordance with the provisions of this Law and the principles of tort Law. Social security payments that cannot be partially or fully reclaimed, as well as payments that do not serve the purpose of performance, cannot be considered when determining these damages; they cannot be deducted from the damages or compensation. The calculated compensation cannot be increased or decreased based on fairness considerations.
In this article, we will explore the insurer's responsibility to compensate for bodily injuries under mandatory financial liability insurance, the conditions under which this obligation is waived, and the situations where the insurer’s responsibility for compensating bodily injuries may be eliminated.
II. INSURER'S LIABILITY
According to Article 1421 of the Turkish Commercial Code No. 6102, unless otherwise agreed in the contract, the insurer's liability begins with the payment of the premium or the first installment. This means that for the insurer's liability to be invoked, there must be a contract between the insured and the insurer, and the insured must fulfill their obligation to pay the premium arising from the insurance contract. Moreover, for the insurer's liability to be triggered, a loss must have occurred. The insurer's liability cannot be discussed before a loss takes place.
After the insured fulfills their premium payment obligation, if a loss occurs in accordance with Article 85 of the Highway Traffic Law, both the insured and the insurer will be jointly and severally liable for the loss.
III. BODILY INJURIES THAT THE MANDATORY FINANCIAL LIABILITY INSURER OF MOTOR VEHICLES ON THE ROADS IS OBLIGED TO COMPENSATE
The purpose of mandatory financial liability insurance is to ensure that damages suffered by third parties as a result of traffic accidents are easily compensated, while also protecting the operator economically against the risk of accidents. However, the primary goal is to protect the injured party.[4] According to Article 85/1 of the Highway Traffic Law, operators are required to have financial liability insurance in order to meet their responsibilities.[5]
Highway Traffic Law Article 85/1: “If the operation of a motor vehicle causes the death or injury of a person, or damage to property, the operator of the motor vehicle and the owner of the enterprise under whose name or business title the motor vehicle is operated or by whose tickets it is issued shall be jointly and severally liable for the resulting damage.”
Additionally, the bodily injuries listed in Article 54 of the Turkish Code of Obligations should be examined to determine the obligations of the insurer under Mandatory Financial Liability Insurance regarding which damages the insurer is responsible for compensating.
A. MEDICAL EXPENSES
Medical expenses refer to the costs incurred to restore a person who has suffered bodily injury to their pre-injury condition.
Treatment costs include not only direct medical expenses but also necessary expenditures during and after the treatment period. These may include expenses for companions, private caregivers, and special dietary requirements; travel expenses for the patient and their relatives to and from hospitals, healthcare institutions, doctor's offices, physical therapy locations; transportation costs for the patient and their relatives if treatment requires travel to another city or abroad, including vehicle, bus, train, plane, and all other travel expenses; accommodation and food expenses such as hotels, restaurants, and transport at the treatment location for the patient and their relatives; payments made for health resorts, thermal springs, mountains, or seaside locations if deemed necessary by doctors for air change; and additional travel expenses incurred by the person who, after treatment, will be unable to use public transportation or their own vehicle for a while. In addition to direct treatment costs, these additional expenses, which we define as secondary costs, cannot be required to be proven as mandatory and necessary, nor is it a condition that they are of no benefit. However, they must have been made with the assumption that they would be beneficial, and the principles of good faith should not be violated. (Supreme Court, 17th Civil Chamber, 16.11.2020, Case No. 2019/1962, Decision No. 2020/7067)
It is not a condition that the injured person has already incurred or will incur recovery-related expenses by the time of the lawsuit or judgment. Future medical and recovery expenses that are likely to occur can also be claimed. If the accident and injury caused another underlying condition to emerge (for example, a heart attack, increased blood sugar, or raised blood pressure), additional treatment expenses beyond the normal course and treatment of the illness can also be claimed, provided a causal link between the wrongful act causing the bodily injury and the subsequent condition can be established. This has been accepted both in doctrine and by the Supreme Court case law.[6]
B. LOSS OF INCOME
Loss of income is the damage caused when a person is unable to earn income during the treatment period due to a temporary or permanent disability resulting from a bodily injury caused by an accident, or even if no disability occurs, due to the inability to work during the recovery phase.
When injuries lead to permanent disabilities in a person’s bodily integrity, causing a loss of physical strength and resulting in a decrease in the person's assets, this damage will unquestionably be compensated. Even if there is no reduction in the person’s income (assets) despite the loss of physical strength, this situation also arises. In practice, even if there is no decrease in a person’s income and assets due to the loss of physical strength caused by permanent disabilities, compensation is still required, and this is referred to as "loss of effort compensation." This understanding may initially seem contrary to the concept of damage in tort law. However, by considering that the person who has lost physical strength now performs the same tasks with more effort than before the injury and compared to others, the damage is seen as the result of the additional effort expended. This form of compensation is consistent with the principles and rules of compensation law. As is known, a wrongful act that causes damage does not absolve the party causing the damage from liability, even if the injured party resolves the damage with their own resources. The injured party should not be required to resolve the inevitable damage (such as income reduction) caused by the loss of physical strength by exerting additional effort. The opposite approach would favor the wrongdoer, protecting them instead of the victim, which contradicts principles of justice and fairness. (Court of Cassation, 4th Civil Chamber, 19.04.1982, Case No. 3059-3958)
C. LOSSES ARISING FROM DECREASED OR LOST WORKING CAPACITY
In the rulings of the Court of Cassation, the reduction in working capacity is referred to as temporary incapacity loss, while the total loss of working capacity is known as permanent incapacity loss.
Temporary incapacity loss refers to the income that the injured party is unable to earn during the recovery period, considering their work and income situation. Permanent incapacity loss, on the other hand, refers to the damage caused by the person who has lost physical strength having to exert more effort in performing the work they did before the injury. Even if the claimant does not work any job, it is clear that due to the loss of physical strength, they will exert more effort in performing their daily tasks.[7]
D. LOSSES ARISING FROM THE DISTURBANCE OF ECONOMIC FUTURE
Even if there is no reduction in the person's working capacity due to the violation of bodily integrity, they may face difficulties in finding a new job or maintaining their previous job in the labor market. Alternatively, even if they continue in the same job, they may have to exert more effort compared to before the violation. In some cases, these individuals may even be completely dismissed from their jobs due to the act of violation. The disturbance of the economic future due to the violation of bodily integrity is especially important for individuals who are constantly engaged with society due to their profession.[8]
IV. CLAIMS EXCLUDED FROM THE SCOPE OF MANDATORY MOTOR VEHICLE LIABILITY INSURANCE
The Mandatory Traffic Insurance (ZMMS), which is intended to secure the operator's responsibility for the damages that third parties may suffer due to the use of a motor vehicle, does not cover all the damages for which the operator may be responsible. Claims falling outside the scope of Mandatory Traffic Insurance are listed in Article 92 of the Highway Traffic Law No. 2918. These are:
Claims that the operator may make against individuals for whom they are held responsible under this Law,
Claims that the operator may make for damages to the property of their spouse, relatives, those related to them through adoption, and siblings living with them, • Claims for damages to things for which the operator is not held responsible under this Law, • Claims arising from accidents in motor vehicle races or trial races conducted under the coverage of mandatory liability insurance according to Article 105, paragraph 3 of this Law, • Damages to property carried in the motor vehicle, • Claims for moral compensation, • Claims for compensation equivalent to the fault of the right holder, • Claims from individuals who are not within the scope of the insured's liability risk, • Claims for compensation equivalent to the fault of the deceased's relative, • Indirect damages such as loss of income, loss of profit, business interruption, and rental deprivation, • Claims for the loss of value of vehicles that have been withdrawn from traffic or written off due to damage, • Claims arising from terrorist actions within the scope of the Terrorism Law No. 3713 dated 12/4/1991 and sabotage caused by vehicles used in these actions, and claims for damages from individuals who knowingly boarded the vehicle used or to be used in terrorist actions or those involved in terrorism and sabotage, • Payments made by the Social Security Institution for income loss under the Social Insurance and General Health Insurance Law No. 5510 dated 31/5/2006. If the insurer is liable to the Social Security Institution under Article 21 of this Law, this liability continues in proportion to the fault of the insurer's own insured.
V. OBLIGATION TO APPLY FOR INSURANCE
The mandatory liability insurer is responsible for bodily injuries, but for the insurer's obligation to compensate the damage to arise, they must first be notified of the damage.
Before taking legal action within the limits set by the mandatory liability insurance, the injured party must make a written application to the relevant insurance company. If the insurance company fails to respond in writing within 15 days from the application date or if the response does not meet the request, the injured party may file a lawsuit or apply for arbitration under the framework of Law No. 5684.[9]
Applying to the insurance company is mandatory. If the injured party initiates legal action or arbitration without applying to the insurance company, the case will be dismissed on procedural grounds. This will lead to both financial losses and time delays for the injured party. When applying to the insurance company, the correct insurance company must be approached. Therefore, the injured party must first correctly identify the insurer of the party responsible for the damage. In this way, the insurer's responsibility will begin no later than 15 days from the application date, provided the injured party submits a proper application. If the insurer fails to make a payment during this period, the injured party may resort to legal action or arbitration against the insurer.
VI. STATUTE OF LIMITATIONS
The statute of limitations is the result of the creditor not exercising their right to claim within the time periods specified by law, which allows the debtor to avoid paying the debt. The statute of limitations represents an incomplete debt. An incomplete debt does not terminate the right to claim, but the debtor can avoid fulfilling the debt obligation by asserting the defense of statute of limitations. If a person who has suffered bodily harm fails to apply to the mandatory liability insurer within the statutory time periods, the insurer can raise the statute of limitations as a defense and avoid fulfilling the debt. The statute of limitations periods are explicitly stated in the Turkish Civil Code and the Highway Traffic Law.
Turkish Code of Obligations, Article 72: “The claim for compensation shall be subject to the statute of limitations after two years from the date the injured party learns of the damage and the liable party, and in any case, after ten years from the date the act was committed. However, if the compensation arises from an act punishable by law and the criminal law provides a longer statute of limitations, this statute of limitations shall apply.”
Highway Traffic Law, Article 109/1: “Claims for compensation arising from motor vehicle accidents are subject to the statute of limitations of two years from the date the injured party learns of the damage and the liable party, and in any case, ten years from the date of the accident.”
VII. CONCLUSION
Mandatory liability insurance is a type of insurance that aims to cover the liability of the operator of a motor vehicle for damages caused to a third party during the operation of the vehicle on public roads, within certain limits, and is legally required. The insurer of the mandatory liability insurance is jointly and severally liable for the damage caused by the insured, following the insured's fulfillment of the premium payment obligation.
The insurance of liability provides legal security for both individuals and the state. The operator or driver of a motor vehicle is protected from the economic consequences of potential heavy damages, while the injured parties are safeguarded against the risk of non-compensation for the damage. For this reason, the Highway Traffic Law mandates the requirement for mandatory liability insurance.
Bodily injury refers to damages resulting from the impairment of physical integrity. The insurer of mandatory liability insurance is jointly and severally responsible, together with the insured, for bodily injuries caused by the insured, just like any other damages caused. The types of bodily injuries are specified in Article 54 of the Turkish Civil Code, including treatment costs, loss of income, losses resulting from reduced or lost work capacity, and losses arising from the disruption of the economic future. Both the Highway Traffic Law, Article 85, and court rulings make it clear that the insurer is responsible for bodily injuries that occur.
REFERENCES
Turkish Commercial Code No. 6102
Turkish Code of Obligations No. 6098
Eren, Fikret, “Borçlar Hukuku Genel Hükümler”
Oğuzman, Kemal / Öz, Turgut, “Borçlar Hukuku Genel Hükümler”
[7] Court of Cassation 3rd Civil Chamber 23.01.2014 T. 2013/16314 E., 2014/836 K. (Kazancı İçtihat)
[8] Eren, p. 717
[9] Highway Traffic Law No. 2918, Article 97
I. INTRODUCTION
Insurance law is the branch of law that examines the rights and obligations arising from the contract between the insured and the insurer, i.e., the insurance policy. An insurance contract is an agreement in which the insurer, in exchange for a premium, undertakes to compensate for a loss or damage caused by a risk that threatens a person’s financial interest, which can be measured in monetary terms, or to make a payment or perform other actions due to certain events during the life of one or more persons.[1] The insurer is responsible for the damage or cost resulting from the occurrence of the risk specified in the contract.[2]
Under Turkish Commercial Code No. 6102, insurance types are divided into two categories: damage insurance and life insurance. Damage insurance is further subdivided into property insurance and liability insurance. In this article, we will examine the insurer’s obligation to compensate for bodily injuries within the scope of mandatory financial liability insurance, a type of liability insurance.
Damages arising from the violation of physical integrity are considered personal damages and are referred to as bodily injuries. The violation of physical integrity can occur either as a violation of the person's bodily integrity or as a violation of their mental integrity.[3] Bodily injuries are listed in Article 54 of the Turkish Code of Obligations No. 6098 (“TCO”) as follows: “Bodily injuries particularly include the following: medical expenses, loss of earnings, losses resulting from the decrease or loss of working capacity, and losses arising from the disruption of economic future.” Furthermore, Article 55 of the same law outlines how bodily injuries are to be determined. According to Article 55/1 of the Turkish Code of Obligations, damages for loss of support and bodily injuries are calculated in accordance with the provisions of this Law and the principles of tort Law. Social security payments that cannot be partially or fully reclaimed, as well as payments that do not serve the purpose of performance, cannot be considered when determining these damages; they cannot be deducted from the damages or compensation. The calculated compensation cannot be increased or decreased based on fairness considerations.
In this article, we will explore the insurer's responsibility to compensate for bodily injuries under mandatory financial liability insurance, the conditions under which this obligation is waived, and the situations where the insurer’s responsibility for compensating bodily injuries may be eliminated.
II. INSURER'S LIABILITY
According to Article 1421 of the Turkish Commercial Code No. 6102, unless otherwise agreed in the contract, the insurer's liability begins with the payment of the premium or the first installment. This means that for the insurer's liability to be invoked, there must be a contract between the insured and the insurer, and the insured must fulfill their obligation to pay the premium arising from the insurance contract. Moreover, for the insurer's liability to be triggered, a loss must have occurred. The insurer's liability cannot be discussed before a loss takes place.
After the insured fulfills their premium payment obligation, if a loss occurs in accordance with Article 85 of the Highway Traffic Law, both the insured and the insurer will be jointly and severally liable for the loss.
III. BODILY INJURIES THAT THE MANDATORY FINANCIAL LIABILITY INSURER OF MOTOR VEHICLES ON THE ROADS IS OBLIGED TO COMPENSATE
The purpose of mandatory financial liability insurance is to ensure that damages suffered by third parties as a result of traffic accidents are easily compensated, while also protecting the operator economically against the risk of accidents. However, the primary goal is to protect the injured party.[4] According to Article 85/1 of the Highway Traffic Law, operators are required to have financial liability insurance in order to meet their responsibilities.[5]
Highway Traffic Law Article 85/1: “If the operation of a motor vehicle causes the death or injury of a person, or damage to property, the operator of the motor vehicle and the owner of the enterprise under whose name or business title the motor vehicle is operated or by whose tickets it is issued shall be jointly and severally liable for the resulting damage.”
Additionally, the bodily injuries listed in Article 54 of the Turkish Code of Obligations should be examined to determine the obligations of the insurer under Mandatory Financial Liability Insurance regarding which damages the insurer is responsible for compensating.
A. MEDICAL EXPENSES
Medical expenses refer to the costs incurred to restore a person who has suffered bodily injury to their pre-injury condition.
Treatment costs include not only direct medical expenses but also necessary expenditures during and after the treatment period. These may include expenses for companions, private caregivers, and special dietary requirements; travel expenses for the patient and their relatives to and from hospitals, healthcare institutions, doctor's offices, physical therapy locations; transportation costs for the patient and their relatives if treatment requires travel to another city or abroad, including vehicle, bus, train, plane, and all other travel expenses; accommodation and food expenses such as hotels, restaurants, and transport at the treatment location for the patient and their relatives; payments made for health resorts, thermal springs, mountains, or seaside locations if deemed necessary by doctors for air change; and additional travel expenses incurred by the person who, after treatment, will be unable to use public transportation or their own vehicle for a while. In addition to direct treatment costs, these additional expenses, which we define as secondary costs, cannot be required to be proven as mandatory and necessary, nor is it a condition that they are of no benefit. However, they must have been made with the assumption that they would be beneficial, and the principles of good faith should not be violated. (Supreme Court, 17th Civil Chamber, 16.11.2020, Case No. 2019/1962, Decision No. 2020/7067)
It is not a condition that the injured person has already incurred or will incur recovery-related expenses by the time of the lawsuit or judgment. Future medical and recovery expenses that are likely to occur can also be claimed. If the accident and injury caused another underlying condition to emerge (for example, a heart attack, increased blood sugar, or raised blood pressure), additional treatment expenses beyond the normal course and treatment of the illness can also be claimed, provided a causal link between the wrongful act causing the bodily injury and the subsequent condition can be established. This has been accepted both in doctrine and by the Supreme Court case law.[6]
B. LOSS OF INCOME
Loss of income is the damage caused when a person is unable to earn income during the treatment period due to a temporary or permanent disability resulting from a bodily injury caused by an accident, or even if no disability occurs, due to the inability to work during the recovery phase.
When injuries lead to permanent disabilities in a person’s bodily integrity, causing a loss of physical strength and resulting in a decrease in the person's assets, this damage will unquestionably be compensated. Even if there is no reduction in the person’s income (assets) despite the loss of physical strength, this situation also arises. In practice, even if there is no decrease in a person’s income and assets due to the loss of physical strength caused by permanent disabilities, compensation is still required, and this is referred to as "loss of effort compensation." This understanding may initially seem contrary to the concept of damage in tort law. However, by considering that the person who has lost physical strength now performs the same tasks with more effort than before the injury and compared to others, the damage is seen as the result of the additional effort expended. This form of compensation is consistent with the principles and rules of compensation law. As is known, a wrongful act that causes damage does not absolve the party causing the damage from liability, even if the injured party resolves the damage with their own resources. The injured party should not be required to resolve the inevitable damage (such as income reduction) caused by the loss of physical strength by exerting additional effort. The opposite approach would favor the wrongdoer, protecting them instead of the victim, which contradicts principles of justice and fairness. (Court of Cassation, 4th Civil Chamber, 19.04.1982, Case No. 3059-3958)
C. LOSSES ARISING FROM DECREASED OR LOST WORKING CAPACITY
In the rulings of the Court of Cassation, the reduction in working capacity is referred to as temporary incapacity loss, while the total loss of working capacity is known as permanent incapacity loss.
Temporary incapacity loss refers to the income that the injured party is unable to earn during the recovery period, considering their work and income situation. Permanent incapacity loss, on the other hand, refers to the damage caused by the person who has lost physical strength having to exert more effort in performing the work they did before the injury. Even if the claimant does not work any job, it is clear that due to the loss of physical strength, they will exert more effort in performing their daily tasks.[7]
D. LOSSES ARISING FROM THE DISTURBANCE OF ECONOMIC FUTURE
Even if there is no reduction in the person's working capacity due to the violation of bodily integrity, they may face difficulties in finding a new job or maintaining their previous job in the labor market. Alternatively, even if they continue in the same job, they may have to exert more effort compared to before the violation. In some cases, these individuals may even be completely dismissed from their jobs due to the act of violation. The disturbance of the economic future due to the violation of bodily integrity is especially important for individuals who are constantly engaged with society due to their profession.[8]
IV. CLAIMS EXCLUDED FROM THE SCOPE OF MANDATORY MOTOR VEHICLE LIABILITY INSURANCE
The Mandatory Traffic Insurance (ZMMS), which is intended to secure the operator's responsibility for the damages that third parties may suffer due to the use of a motor vehicle, does not cover all the damages for which the operator may be responsible. Claims falling outside the scope of Mandatory Traffic Insurance are listed in Article 92 of the Highway Traffic Law No. 2918. These are:
Claims that the operator may make against individuals for whom they are held responsible under this Law,
Claims that the operator may make for damages to the property of their spouse, relatives, those related to them through adoption, and siblings living with them, • Claims for damages to things for which the operator is not held responsible under this Law, • Claims arising from accidents in motor vehicle races or trial races conducted under the coverage of mandatory liability insurance according to Article 105, paragraph 3 of this Law, • Damages to property carried in the motor vehicle, • Claims for moral compensation, • Claims for compensation equivalent to the fault of the right holder, • Claims from individuals who are not within the scope of the insured's liability risk, • Claims for compensation equivalent to the fault of the deceased's relative, • Indirect damages such as loss of income, loss of profit, business interruption, and rental deprivation, • Claims for the loss of value of vehicles that have been withdrawn from traffic or written off due to damage, • Claims arising from terrorist actions within the scope of the Terrorism Law No. 3713 dated 12/4/1991 and sabotage caused by vehicles used in these actions, and claims for damages from individuals who knowingly boarded the vehicle used or to be used in terrorist actions or those involved in terrorism and sabotage, • Payments made by the Social Security Institution for income loss under the Social Insurance and General Health Insurance Law No. 5510 dated 31/5/2006. If the insurer is liable to the Social Security Institution under Article 21 of this Law, this liability continues in proportion to the fault of the insurer's own insured.
V. OBLIGATION TO APPLY FOR INSURANCE
The mandatory liability insurer is responsible for bodily injuries, but for the insurer's obligation to compensate the damage to arise, they must first be notified of the damage.
Before taking legal action within the limits set by the mandatory liability insurance, the injured party must make a written application to the relevant insurance company. If the insurance company fails to respond in writing within 15 days from the application date or if the response does not meet the request, the injured party may file a lawsuit or apply for arbitration under the framework of Law No. 5684.[9]
Applying to the insurance company is mandatory. If the injured party initiates legal action or arbitration without applying to the insurance company, the case will be dismissed on procedural grounds. This will lead to both financial losses and time delays for the injured party. When applying to the insurance company, the correct insurance company must be approached. Therefore, the injured party must first correctly identify the insurer of the party responsible for the damage. In this way, the insurer's responsibility will begin no later than 15 days from the application date, provided the injured party submits a proper application. If the insurer fails to make a payment during this period, the injured party may resort to legal action or arbitration against the insurer.
VI. STATUTE OF LIMITATIONS
The statute of limitations is the result of the creditor not exercising their right to claim within the time periods specified by law, which allows the debtor to avoid paying the debt. The statute of limitations represents an incomplete debt. An incomplete debt does not terminate the right to claim, but the debtor can avoid fulfilling the debt obligation by asserting the defense of statute of limitations. If a person who has suffered bodily harm fails to apply to the mandatory liability insurer within the statutory time periods, the insurer can raise the statute of limitations as a defense and avoid fulfilling the debt. The statute of limitations periods are explicitly stated in the Turkish Civil Code and the Highway Traffic Law.
Turkish Code of Obligations, Article 72: “The claim for compensation shall be subject to the statute of limitations after two years from the date the injured party learns of the damage and the liable party, and in any case, after ten years from the date the act was committed. However, if the compensation arises from an act punishable by law and the criminal law provides a longer statute of limitations, this statute of limitations shall apply.”
Highway Traffic Law, Article 109/1: “Claims for compensation arising from motor vehicle accidents are subject to the statute of limitations of two years from the date the injured party learns of the damage and the liable party, and in any case, ten years from the date of the accident.”
VII. CONCLUSION
Mandatory liability insurance is a type of insurance that aims to cover the liability of the operator of a motor vehicle for damages caused to a third party during the operation of the vehicle on public roads, within certain limits, and is legally required. The insurer of the mandatory liability insurance is jointly and severally liable for the damage caused by the insured, following the insured's fulfillment of the premium payment obligation.
The insurance of liability provides legal security for both individuals and the state. The operator or driver of a motor vehicle is protected from the economic consequences of potential heavy damages, while the injured parties are safeguarded against the risk of non-compensation for the damage. For this reason, the Highway Traffic Law mandates the requirement for mandatory liability insurance.
Bodily injury refers to damages resulting from the impairment of physical integrity. The insurer of mandatory liability insurance is jointly and severally responsible, together with the insured, for bodily injuries caused by the insured, just like any other damages caused. The types of bodily injuries are specified in Article 54 of the Turkish Civil Code, including treatment costs, loss of income, losses resulting from reduced or lost work capacity, and losses arising from the disruption of the economic future. Both the Highway Traffic Law, Article 85, and court rulings make it clear that the insurer is responsible for bodily injuries that occur.
REFERENCES
Turkish Commercial Code No. 6102
Turkish Code of Obligations No. 6098
Eren, Fikret, “Borçlar Hukuku Genel Hükümler”
Oğuzman, Kemal / Öz, Turgut, “Borçlar Hukuku Genel Hükümler”
Turkish
