General
Assurance Account meets medical treatment expenses of those who suffer bodily injuries (disabilities and death) pays disability indemnities to those who become disabled due to such accidents and also death benefits to dependents who have been deprived of the deceased’s support in case of death.
The conditions under which compensation can be claimed from Assurance Account are specified in Article 14 of Insurance Law. These conditions are listed as follows;
•Bodily injuries from which anyone suffers in case of non-detection of the insured,
•Bodily injuries caused by those who have not taken out any insurance policies within the scope of any insurance coverage prevailing on the date of occurrence of risks,
•Property damages and bodily injuries whereby the Insurance Company becomes obliged to pay should its licenses pertaining to all branches are permanently canceled or it goes bankrupt due to its financial weakness),
•Bodily injuries by which persons suffer in circumstances where the operator is not held responsible in an accident, in which a stolen or assumed car is involved, as per the Highways Traffic Code
•For payments to be made by the Turkish Motor Insurers’ Bureau that operates for Green Card Insurances.
•Moral damages
•Any kind of material damages other than bodily injuries (except for insurance companies responsible for the account, which is bankrupt or of which license is canceled)
•Damages of the operator or driver of the vehicle causing the accident
•Damages of the individuals who stole or extorted the vehicle, those who helped the thief or the extorter and those who get in the vehicle knowing the situation
•Bodily damages to the individuals in the event that the motor vehicles do not have the insurance required for the race
•Damages which can be managed against the individuals for whom the operator is responsible
•Claims which can be asserted by the operator
•Damages caused by the accidents of the motorbike
•Damages incurred by the individuals who have a professional occupation relating to the motor vehicles, which are occurred during the delivery of the vehicle to the said individuals
•Recourse claims of the insurance companies which provide health and personal accident insurance
The responsibility of the insured starts upon the payment of the first installment. Unless it is stated otherwise, the insurance starts at 12:00 pm and ends at 12:00 pm local time in Turkey on the dates stated in the policy.
Motor Own Damage Insurance is optional insurance. The coverage of the insurance can be expanded with collateral securities in line with the demand of the insured except for the standard securities such as burning, theft of the car. On the other hand, Motor Third Party Liability Insurance is compulsory. Motor Own Damage Insurance is a type of insurance for the property. Motor Third Party Liability Insurance is liability insurance. Motor Own Damage Insurance covers the damages to the insured’s vehicle rather than the damages to the other vehicle. Motor Third Party Liability Insurance covers the damages to the property of the insured or other people. Motor Own Damage Insurance can be optionally canceled, while motor third party liability insurance cannot be canceled optionally. Some conditions should be met to cancel motor third party liability insurance. While the security of the Motor Own Damage Insurance is determined by the insured, the limit of Motor Third Party Liability Insurance is determined by Undersecretariat for the Treasury. Vehicles without motor third party liability insurance are subject to penalty under highway traffic law, on the other hand, this condition is not applied for the vehicles without Motor Own Damage Insurance.
Online motor third party liability insurance can be made for all kinds of vehicles. For Motor Own Damage Insurance, only automobiles, minibus, and pickup trucks, choppers, and vans can be covered online.
Yes, it possible to adjust the coverage according to the place or person.
The city to which the license is registered affects the premium according to the density of the vehicles in the city.
•Damages occurred out of the borders of Turkey
•Damages caused by strikes, lockouts, disturbance and civil commotions and by interventions carried out by the authorized bodies to prevent or mitigate the effects thereof
•Damages caused by terrorist actions stated in Anti-Terror Law No. 3713 and sabotage arising out of these actions and interventions applied by authorized entities to prevent or mitigate the effects of these actions, except for the damages stated in Clause 9, Article A.5 of the general conditions
•Damages caused by earthquake, landslide, storm, hail, thunderbolt and volcanic eruption
•Damages caused by flood
•Damages other than the losses caused by a fire due to contact of the materials like cigarettes in the vehicle
•Damages to the vehicle which is towed away by unauthorized persons and damages to the vehicles which are towed without complying with the rules
•Damages caused by the loss of use and income provided that it is limited with the amount stated in the policy concerning the protection until the compensation is paid in case of full damage and until the damage is remedied in case of partial damage in the event that the vehicle incurs full or partial damage included in the coverage
•Damages to the vehicle due to transport of the explosive and inflammable materials which are legally allowed to be transported complying with the rules
•Damages caused by the participation of the vehicle in the races and during preparation for the race
•Losses and damages caused by the theft and theft attempt of the vehicle due to seizure of the keys of the vehicle as a result of the conditions stated in the additional agreement
•Damages incurred due to replacement of the lock due to lost or stolen keys as a result of the conditions stated in the additional agreement
•Damages caused by rodents or other animals within the scope of an additional agreement
•Damages caused by lack of oil and water, freezing, breakdown, wear, corruption, rusting and neglect
•Any kind of failure, breakdown in the mechanical, electric and electronic equipment of the vehicle and damages to the tires can be included in the coverage with an additional agreement unless it is caused by an event within the scope of insurance and it causes such event.
It is possible to include audio and video devices that are installed in the vehicle afterward as accessories.
If one damage occurs in the traffic policy, the no-claim discount is degraded to a lower degree. This condition varies in the case of Motor Own Damage Insurance policies.
Premiums are determined by each insurance company separately based on the damage and premium totals of each vehicle type. If a vehicle group causes more accidents and damage, then the premiums for such a group of vehicles determined to be higher.
Accident Report is a written document issued by the parties without involving the insurance company or police in case of an accident with only material damage at least by two parties.
You can access the Accident Report from the company which issues the traffic policy, from the insurance web site or here.
When the vehicle changes ownership, the new owner does not get the policy. The policy is canceled and the premium of the unprocessed days is returned to the insured as calculated on a daily basis. The new owner of the vehicle can have new insurance.
The document to be issued in case of a change, addition, cancellation in the policy, or renewal is called additional policy and the process is called a supplement. These documents may be with or without premium depending on the situation.
Motor Third Party Liability Insurance is only valid within the borders of Turkey, so it is necessary to by a Green Card Insurance which is equivalent to the traffic insurance and valid in 44 countries. Unless otherwise stated, policies will be valid within Turkey.
Increased premium is not applied up to 30 days as of the registration date. Increased premium is applied as 5% for each period of 30 days. The default interest is limited to 50%.
When the insured vehicle has been sold, the motor TPL policy of the vehicle cannot be transferred to the new owner. The former owner of the vehicle must cancel his/her policy, and s/he is refunded any unearned premium. The new owner of the vehicle must take out the insurance, to be effective from the date of registration of the vehicle to his/her name.
When the policy of a sold car is canceled, the premium is returned on a daily basis.
If the vehicle to be insured has more than one owner, only 1 shareholder is stated in the insured field of the policy and other beneficiaries are added as collateral insured under their shares.
You should cancel the old policy and issue a new policy according to the determination of heirship. No-claim discount in the policy is obtained by the successors.
The compensation amount to be paid in the event that the vehicle is deemed a total loss due to a Motor Own Damage Insurance damage occurred within the policy term will be the turnkey sale price of the vehicle as stated in the market for the model of the vehicle with the features such as brand, model, type, accessories.
In the event that the policy lost, the insurance company or the broker should be informed and a new policy should be printed.
Suit expenses and attorney fees are included in the policy provided that it is limited to the policy amount. If the insured is not faulty for the damage and if the suit is already filed, the insurance covers these expenses.
When you buy a new vehicle that has the same use type of the old vehicle, your no-claim discount remains valid. It is necessary to continue the policy without interruption to get benefit from the no-claim discount. If you do not buy your new vehicle immediately after selling your vehicle, you may keep your rights acquired in the policy until the end of the policy term provided that you continue to pay your premiums, and you may continue to use your rights when you buy a new vehicle.
It is insured in 4th grade.
All claims arising from the insurance contract will be subject to a statute of limitations for two years starting from the date on which the claim is due and provided that the provision of article 1482 is reserved, the claims relating to the insurance compensation and the cost of the insurance will probably expire six years after the date of the occurrence of the risk. The provisions in the other laws are reserved.
The liability of the insurer begins when the premium is paid in whole or if it is agreed to be paid in installments when the first installment is paid. The insurance premium must be paid to the insurer or the representative authorized to collect the premium. Article 1282 of the Turkish Commercial Code No. 6762 entitled "Duration”; it is stated that "Unless otherwise agreed, the insurer shall be liable for the risks incurred from the date of payment of the premium. If the continuation period of the insurance is not written in the contract, it shall be determined by the court by taking into account the common purpose of the parties and the local practices and other situations”.
In relation to insolvent insurance companies, an application must be made to the Assurance Account and concerning the insurance companies whose licenses have been canceled, it is necessary to apply to this insurance company in writing. In the second case, the damaged file is prepared and sent to the Assurance Account by the company concerned.
In case of disputes arising from the insurance contract, if the insurance company is a member of the arbitration system, you can apply to the Insurance Arbitration Commission.
Insurance Arbitration Commission established within the framework of Article 30 of Law No. 5684 ensures that disputes arising out of the insurance contract between the insured or the persons who benefit from the insurance and the insurance companies that are members of the insurance arbitration system are resolved in a simple, expeditious and fair manner by referees who are specialized in this field. The commission creates a new and practical alternative that allows applicants to get results faster and easier than the court process in the disputes. In this context, the resolution of disputes referred to the Commission is carried out by independent arbitrators within the period specified in the law unless the parties have agreed otherwise. For you to apply to the commission, the insurance company with whom you have a dispute must be a member of the insurance arbitration system and the risk of the dispute must have occurred after the date of membership. After the examination of your application to the commission by independent insurance arbitrators, the decision to be made by the Commission shall be forwarded to the competent court in accordance with article 532 of the Code of Civil Procedure. Decisions on disputes up to TL 40,000 in applications to the commission (the parties may increase this amount by a written agreement between them) are final. For decisions on disputes over that amount, the parties may appeal. However, in any case, the provisions of Article 533 of the Code of Civil Procedure are reserved.
Their dispute is concluded sooner and faster than the court.
The settlement of disputes reached by the Insurance Arbitration Commission is carried out by independent arbitrators within the period specified by the law unless the parties reach an agreement to the contrary.
If a higher amount is not determined by the contract between the parties to the dispute, which must be made in a clear and written manner, the decisions made by the arbitrator up to forty thousand Turkish Lira are final for both parties. Decisions over forty thousand Turkish Lira can be appealed. However, in cases where a decision has been made after the expiration of the arbitration period, a decision has been made on something that has not been requested, a decision has been made on matters that are not within the jurisdiction of the arbitrators, and the arbitrators have not decided on the claims of the parties, it is possible to appeal in any case.
The insured person or the person who benefits from the insurance may apply to the Commission for the settlement of disputes arising from the insurance contract they have with the member insurance organizations. In this context, it is possible for the insured, the insurer or the natural and legal persons designated as beneficiaries by the insurance contract to apply to the Commission, who have applied to the member insurance organization based on a dispute arising from the insurance contract, but whose demand has not been met. However, for your application to be dealt with by the Commission, the dispute must not have been referred to the court, to the Arbitration Committee for Consumer Issues, or arbitration under the Code of Civil Procedure.
You may apply for any dispute arising out of the insurance contract between you and a member Insurance Company of the commission. However, before applying to the commission, you must have applied in writing to the relevant insurance agency regarding your claim.
Wet signed application form obtained from the commission and completed in full
• Copy of bank receipt for payment of application form fee
•A final reply letter signed by the company authorities which results in your application being partially or completely negative or a document to prove that the organization did not respond in writing after 15 working days after making your application
• Your statements containing details of why the response you received from the organization did not meet your demands and your statement showing clearly and concretely what you requested with your application to the commission
• Legible copies of all other documents supporting your right to dispute
Since the process of applying to the Insurance Arbitration Commission is designed so as not to require as much expert assistance as possible, it is essential to apply to the Commission in person. However, the right of persons to hire a lawyer is also reserved.
The exemption is for the insured to participate in part of the damage. In this practice, which means that a certain amount is not paid to the insured in case of damage, premiums are also determined lower than non-exempt insurance. If the exemption is not paid up to the specified exemption number, only the last amount is paid to the exemption is limited exemption; the specified exemption number is not paid up to the damages, the type of exemption that the passing damages are paid uninterrupted is called an integral exemption. The exemption, on the one hand, while providing a discount in your policy premiums, on the other hand, would have taken over a portion of the risk insured in case of damage. In the case of joint insurance, the interest on a property whose value is fully insured shall not be insured against the same risks by the same person afterward, if the insurance is obtained it shall be valid only in the following circumstances and conditions:
• If subsequent and previous insurers deem it suitable and give consent
• If the insured person transfers the rights arising from the previous insurance to the second insurer or has renounced those rights; in this case, the transfer or waiver must be written into the second insurance policy; if it is not written, the second insurance contract will be deemed void.
• If the insurer is not responsible for the compensation that the previous insurer has not paid, then the insurance that has already been made must be written into the second insurance policy, if it is not written, the second insurance contract will be deemed null and void.
Before applying to the commission, you must have made a written application to the insurance agency regarding your claim. You can apply to the Commission for your claim if the insurance company has sent you a letter with a final response regarding your application, but your request has not been met or if it has not received its final response after 15 working days.
The insurance companies may agree with the authorized services that can repair the vehicles in the most appropriate conditions in order to provide a better service to the insured in case of insurance damages. The insured will not make any payment during the damage and the damage to her/his vehicle shall be remedied by the authorized services through these services.
• OYAK Group (Re)Insurance Brokerage customers have access to all kinds of insurance information at any time.
• OYAK Group (Re)Insurance Brokerage is aware that insurance is complex and tells its customers the easiest ways to get insurance, helping them choose the right product for them.
• At the time of damage, a single customer representative will contact you, so that one person can follow up on your entire damage process and you won't have to give information over and over again.
• Your compensation for damages is paid within 5 working days, and the representative is always there to guide you right at the time of the damage.
• With the best price guarantee, it allows you to reach the most accurate insurance when you purchase insurance, at the best price.